Terms & Conditions

TERMS AND CONDITIONS OF SALE

1. Interpretation

1.1 The following definitions apply to this agreement:

“Company” means Italprogetti Pty Ltd (trading as Made in Italy Kitchens).

• “Customer” means the purchaser of Goods from the Company.
• “Goods” means all cabinetry, wardrobes, joinery, hardware, parts, and luxury components imported from Italy or sold/delivered by the Company to the Customer.
• “Supply Price” means the total price of the Goods and international logistics, excluding installation labor.
• “Terms” means these terms and conditions of sale.

2. Application

2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver, or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty, or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

3. Prices

3.1 Prices are determined at the time of order and are fixed upon payment of the initial project deposit.
3.2 The Company is responsible only for the Goods imported from Italy as specified in the quotation. Any agreement, including price, quality, and quantity of Goods produced locally or in any other country, must be confirmed in writing at the supply time.
3.3 The Company reserves the right to modify prices if unforeseen increases in international freight, port handling, shipping surcharges, customs duties, or currency fluctuations arise after the order is placed and before final arrival at the Melbourne port.

4. Payment Structure

4.1 Payments must be made to the Company without any deduction or set-off other than as stated in these Terms or explicitly detailed in the relevant invoice.
4.2 Initial Deposit / Design Fee: A non-refundable fee of 10% of the project value (minimum $1,500) is payable following the initial consultation. This fee is deductible from the final purchasing price of the items upon contract signing.
4.3 Production Deposit: A deposit of 50% of the total contract price must be paid to initiate the manufacturing process with the Italian factory.
4.4 All deposits paid under clauses 4.2 and 4.3 are strictly non-refundable once production or design works have commenced.
4.5 Warehouse Clearance Balance: The remaining balance of the Supply Price must be paid in full five (5) working days before the Goods are dispatched or leave the warehouse, or within five (5) working days of the Customer being notified of the Goods’ local availability. Under no circumstances will Goods be delivered to the site or handed over to installers until 100% of the Supply Price has cleared into the Company’s bank account.
4.6 Interest & Collection Costs: Interest is payable on all overdue accounts, calculated daily at a rate of 1.5% per month from the due date until full payment is received. The Customer shall indemnify the Company against all reasonable legal fees, debt collection agency fees, and court costs incurred in recovering overdue amounts.
4.7 Defect Withholding Restrictions: Should a manufacturing defect be detected upon delivery, the Customer is only entitled to withhold the exact, independent value of the specific defective part (e.g., a single damaged panel value) as calculated by the Company. The Customer is not allowed to withholding payment for the wider, non-defective kitchen, wardrobe, or joinery components.

5. Customer’s Responsibilities & Installation Framework

5.1 The Customer is solely responsible for providing the Company with all relevant site information, including accurate architectural floor plans, service locations, site measurements, and engineering details.
5.2 The Customer acknowledges that any suspended or wall-hung cabinetry requires a structurally sound substrate (brick, concrete, or specific internal timber noggins) to ensure secure installation. Providing this structural support is entirely the Customer’s expense.
5.3 Independent Installers: The Company is primarily a supplier of premium imported goods and does not provide an in-house installation service. Any installer list provided by the Company is a courtesy recommendation only. The installation contract is a direct, independent agreement between the Customer and the third-party tradesperson.
5.4 Managed Installation (Where Agreed in Writing): If explicitly agreed in writing that the Company will manage the installation via a third-party subcontractor, negotiate their fees and pay the installers on behalf of the Customer including such a cost in the contract, the following terms apply strictly:

5.4.1 Site Readiness: The Customer must grant unhindered access to the premises and guarantee the site surfaces are perfectly prepared (plumb walls, square corners, level flooring), safe, dry, and entirely free from other trades or debris.

5.4.2 Site Unreadiness Fees: If the Company’s nominated installers arrive on site and cannot proceed due to incomplete preparation, uneven surfaces, or delays caused by other trades, the Customer will be billed directly for the contractor’s daily wait-time penalty or re-booking fees.

5.4.3 Separation of Disputes: Installation labour disputes or aesthetic on-site installation adjustments do not entitle the Customer to withhold or delay any payments due for the supply of the imported Goods under Clause 4.5.

6. Delivery

6.1 The Customer must pay the remaining balance of the invoice price within five (5) working days of being notified of the Goods’ local availability. Upon receipt of cleared funds, the Company will store the Goods at its Melbourne warehouse for a maximum term of thirty (30) days from the initial notification date at no additional charge to the Customer.

6.2 The Customer must collect or accept final delivery of the Goods within thirty (30) days of being notified of their availability. If the Customer fails to collect or accept delivery of the paid Goods within forty-five (45) days of the initial availability notification, the Company reserves the right to terminate this contract, retain all deposits, and resell the Goods to recover outstanding warehousing or administrative losses.

6.3 Should the Customer request a delivery delay or fail to collect the Goods after the initial thirty (30) day fee-free term has expired, the Company reserves the right to charge commercial storage and handling fees for every subsequent week that the Goods remain in the Company’s possession. Under no circumstances will Goods be released from storage until all accumulated storage fees are paid in full.

6.4 The Company reserves the right to deliver the Goods in whole or in instalments. Delivery in instalments does not entitle the Customer to object to or delay payment for previous or remaining instalments.
6.5 Import Windows: The Customer acknowledges that the Goods are custom-manufactured and imported directly from Italian factories. Any Estimated Time of Arrival (ETA) provided by the Company is a good-faith approximation only and does not constitute a strict contractual deadline. The Company accepts no liability for shipping delays, customs holds, port strikes, or international transit bottlenecks.

7. Retention of Title

7.1 Legal and beneficial ownership (title) of the Goods remains entirely with the Company and will not pass to the Customer until the Supply Price and any associated fees have been paid in full via cleared funds.
7.2 Until title passes, the Customer holds the Goods as a bailee for the Company. If the Customer defaults on payment, the Company reserves the absolute right to enter any premises where the Goods are stored, without notice, to retake possession of the unpaid items.

8. Risk and Insurance

8.1 Notwithstanding Clause 7, the risk of loss, theft, or damage to the Goods passes entirely to the Customer immediately upon delivery to the specified site, or upon collection from the Company nominated warehouse.

8.2 The Customer must, at their own expense, maintain the Goods in good condition and insure them for their full replacement value against theft, fire, water damage, and on-site construction accidents until title has passed to the Customer.

9. Inspection and Acceptance

9.1 The Customer must inspect the Goods immediately upon arrival on site. Unless the Customer gives formal written notice to the Company within two (2) business days of delivery detailing specific non-compliance or transit damage, the Goods will be deemed accepted in perfect, undamaged condition.

10. Cancellations and Variations

10.1 Because all Goods are custom-ordered from overseas factories to bespoke specifications, no order may be cancelled, modified, or deferred by the Customer without the express written consent of the Company.
10.2 If cancellation consent is granted, it is subject to the Customer indemnifying the Company for all manufacturing costs incurred up to that date, loss of profit, and a structural cancellation fee of not less than 20% of the total contract price.

11. Consumer Guarantees & Limitation of Liability

11.1 Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on the Customer by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law (ACL), which cannot be lawfully excluded.
11.2 Limitation of Liability: To the maximum extent permitted by law, the Company’s liability for any breach of a non-excludable consumer guarantee is strictly limited, at the Company’s sole option, to:

• (a) The replacement of the Goods or the supply of equivalent luxury Goods;
• (b) The cost of repairing the Goods or acquiring equivalent Goods; or
• (c) The payment of the cost of having the Goods repaired or replaced.

11.3 Consequential Loss: The Company will not be liable to the Customer or any third party for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of profit, loss of use, alternative accommodation costs, or construction delay damages arising out of the supply or late delivery of the Goods.

Last update: 06/2026