Terms and Conditions

Effective Date: 26 June 2026

Last Updated: 26 June 2026

Document Version: 1.0

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires:

• “OFP”, “we”, “us”, or “our” means Office Fitout Professionals Pty Ltd (Builders Registration BP12706), its employees, agents, and subcontractors.
• “Client”, “you”, or “your” means the company or person(s) named in the Quotation who accepts the Quotation, and includes their employees and authorised representatives.
• “Works” means the office fitout, design, partition, construction, renovation, furniture, fittings, or related services described in the Quotation.
• “Quotation” means the written quote, quote acceptance, or proposal issued by OFP describing the scope, price, and terms of the Works.
• “Contract” means these Terms and Conditions together with the Quotation and any written variations agreed between the parties.
• “Practical Completion” means the stage at which the Works are sufficiently complete that the Client can occupy and use the premises for their intended purpose, even though minor items of work may remain outstanding.
• “Variation” means any change to the scope, design, materials, or price of the Works requested by the Client or required due to unforeseen circumstances, and agreed in writing.
• “Site” means the premises at which the Works are to be carried out, as identified in the Quotation.

2. Quotations and Acceptance

1. All Quotations issued by OFP are valid for a period of 30 days from the date of issue, unless otherwise stated in writing. OFP reserves the right to withdraw or amend a Quotation at any time prior to acceptance.
2. Acceptance of a Quotation must be made in writing by the Client, including by way of a signed Quote Acceptance form, email confirmation, or other written communication accepted by OFP.
3. The Contract is formed upon OFP’s receipt of the Client’s written acceptance of the Quotation and, where applicable, receipt of the required deposit.
4. The Works will be carried out strictly in accordance with the scope described in the Quotation. Any work, material, or service not expressly included in the Quotation is excluded unless agreed as a Variation under clause 4.
5. Quoted prices are based on the information, drawings, and site conditions available to OFP at the time of quoting. Where actual site conditions differ materially from those assumed, OFP reserves the right to revise the Quotation and treat the difference as a Variation.

3. Payment Terms

3.1 Deposit and Progress Payments

6. To secure the ordering of materials and the scheduling of installation teams, a deposit of 30% of the total Quotation price is payable upon acceptance of the Quotation.
7. A progress claim invoice of 40% of the total Quotation price will be issued once the corresponding stage of Works has been completed.
8. The balance of the Quotation price will be invoiced upon Practical Completion of the Works, in accordance with clause 5.
9. OFP’s standard payment terms are 7 days from the date of invoice, except that all deposit invoices are due no later than 3 working days prior to the scheduled commencement of work on Site.
10. Where a Client cancels the order or Contract after written acceptance has been provided and work on Site has commenced, the deposit paid is forfeited to OFP as reasonable compensation for materials ordered, labour scheduled, and administrative costs incurred.

3.2 Late Payment

11. If any amount remains outstanding for a period in excess of five (5) days beyond the date of Practical Completion (or any other invoice due date), OFP reserves the right to charge interest at a rate of 7% per annum, calculated daily on the outstanding balance until paid in full.
12. Where OFP is required to engage the services of a debt collection agency, solicitor, or other third party to recover monies outstanding for more than five (5) days, all related fees, charges, and costs reasonably incurred will be added to, and recoverable as part of, the amount owing.
13. It is not the responsibility of OFP to collect monies from a third party. The Client who accepts the Quotation remains solely responsible for ensuring all payments are made in accordance with these Terms, regardless of any internal funding or reimbursement arrangement.
14. Where a third party is responsible for payment (for example, under a leasing or finance arrangement), OFP will provide that third party’s invoicing details upon request, however all other Terms and Conditions in this document continue to apply in full to the Client.

3.3 Payment Methods

Payments may be made by direct bank transfer to OFP’s nominated account, or by any other method agreed in writing with OFP. Bank account details will be provided on the relevant invoice or Quote Acceptance form.

4. Variations

15. The Works are to be completed strictly as stated in the Quotation. Any departure from the agreed scope, including changes to design, materials, finishes, or quantities requested by the Client, will be treated as a Variation.
16. Variations may only be authorised by an OFP Sales Consultant or Project Manager and must be confirmed in writing by the Client before the varied work is carried out.
17. No Variation is to be arranged directly with a member of the installation or trades team. All Variation requests must be directed through the relevant OFP Sales Consultant or Project Manager.
18. Variations may affect the price, programme, and completion date of the Works. OFP will provide the Client with a written cost and time impact assessment for each Variation prior to it being carried out, where reasonably practicable.
19. Where a Variation cannot be priced in advance due to the nature of the work (for example, work of a contingent or investigatory nature), OFP may proceed on a time-and-materials basis and will keep the Client reasonably informed of costs incurred.

5. Practical Completion and Balance Payment

The Works will be deemed to have reached Practical Completion when the Client can occupy the premises and any remaining minor items can be completed without unreasonably interfering with that occupation. At Practical Completion, the balance of monies owed will be invoiced for immediate settlement.

20. The balance of any monies owed, including the value of any agreed Variation, is payable upon Practical Completion of the Works in accordance with the written Quotation.
21. If a Client-selected item ordered by OFP proves unavailable for delivery for any reason, OFP may request that the Client select an available alternative. Any price difference will be treated as a Variation.
22. Prior to the practical completion date, OFP will walk the Client through the Works to confirm completion to the Client’s satisfaction as specified in the Contract. Any defects identified at this stage will be rectified before handover, where reasonably practicable, or otherwise addressed under the warranty in clause 9.

6. Title and Risk in Goods

23. Notwithstanding delivery or installation, all goods, materials, fittings, and furniture supplied by OFP remain the property of OFP until all monies owing under the Contract have been paid in full.
24. If monies remain outstanding beyond the agreed payment terms, OFP retains the right of entry to the Site to dismantle and remove any goods supplied, without prejudice to OFP’s other rights and remedies under this Contract or at law.
25. Risk in any goods or materials delivered to the Site passes to the Client upon delivery, notwithstanding that title remains with OFP until payment is received in full.

7. Site Access, Client Obligations and Furniture

26. The Client must provide OFP and its subcontractors with safe and reasonable access to the Site for the duration of the Works, including parking, power, water, and amenities where reasonably required.
27. OFP will take all reasonable care, but accepts no responsibility, for furniture, equipment, or other items left in the work area by the Client. Any delicate or sensitive equipment (for example, computers, servers, or specialist equipment) must be removed from the work area or adequately protected by the Client prior to commencement of the Works.
28. Where modifications are made to an existing premises, the Client must ensure that all furniture and loose items are cleared at least 1.5 metres on either side of the work area prior to commencement. It is not the responsibility of OFP’s tradespeople to clear the Site unless this is expressly allowed for in the Quotation.
29. Where the Client requests OFP to remove furniture or items from the work area, a charge of $120 per hour (based on a two-person team) will apply, in addition to the Quotation price, unless otherwise agreed in writing.
30. OFP is not responsible for any damage, mess, or defective work caused by contractors engaged directly by the Client or any other party not engaged or contracted by OFP.

8. Working Hours and Site Conditions

31. Unless otherwise agreed in writing, all Works are quoted and scheduled on the basis of being carried out during normal trading hours, Monday to Friday.
32. Where work is being carried out in an existing occupied office, OFP will undertake as much preparation as reasonably practicable off-site at its factory beforehand to minimise disruption. Notwithstanding this, the Client acknowledges that some noise, dust, and odours (including paint fumes) during installation are unavoidable.
33. Any work requested by the Client to be carried out outside normal trading hours (including evenings, weekends, or public holidays) must be agreed in writing prior to commencement and may be subject to an additional after-hours surcharge.

9. Warranty

34. All building and fitout works are covered by a 12-month warranty period commencing from the date of Practical Completion, covering defects in workmanship arising from the Works carried out by OFP.
35. General wear and tear, and damage caused by misuse, neglect, accidental damage, or work carried out by parties other than OFP, is not covered under this warranty. OFP is, however, available to attend to such items under a separate maintenance arrangement.
36. Goods, fittings, and furniture supplied by third-party manufacturers may carry their own manufacturer’s warranty, the terms of which will be passed on to the Client where applicable. OFP’s liability in respect of such items is limited to the extent of any warranty provided by the relevant manufacturer or supplier.
37. Any warranty claim must be notified to OFP in writing as soon as reasonably practicable after the defect becomes apparent, and in any event before expiry of the warranty period.
38. Nothing in this clause excludes, restricts, or modifies any consumer guarantee or other right that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

10. Liability and Indemnity

39. To the maximum extent permitted by law, OFP’s total liability to the Client arising out of or in connection with the Contract, whether in contract, tort (including negligence), or otherwise, is limited to the total price paid by the Client under the relevant Quotation.
40. OFP will not be liable for any indirect, consequential, or economic loss, including loss of profits, loss of business, or loss of opportunity, arising from or in connection with the Works, except to the extent such liability cannot be excluded by law.
41. The Client indemnifies OFP against any loss, damage, claim, or expense arising from the Client’s failure to comply with its obligations under these Terms and Conditions, including obligations relating to Site access, clearance, and protection of equipment under clause 7.
42. Nothing in this clause limits or excludes any liability that cannot be lawfully limited or excluded, including liability for death or personal injury caused by negligence, or rights conferred under the Australian Consumer Law.

11. Insurance

43. OFP maintains public liability insurance and other insurances appropriate to the nature and scale of the Works being carried out, and will provide evidence of current insurance to the Client upon reasonable request.
44. The Client is responsible for maintaining adequate insurance over the Site, including contents, equipment, and business interruption cover, for the duration of the Works.

12. Cancellation and Termination

45. The Client may cancel an accepted Quotation prior to commencement of work on Site by providing written notice to OFP. In such circumstances, the Client remains liable for any costs reasonably and actually incurred by OFP up to the date of cancellation, including materials ordered, design work completed, and administrative costs, up to the value of the deposit paid.
46. Where the Client cancels the order or Contract after work on Site has commenced, the deposit and any progress payments invoiced and paid are forfeited to OFP, and OFP may invoice for any further costs reasonably incurred in winding down the Works.
47. OFP may suspend or terminate the Works, by written notice, if the Client fails to make any payment when due and such failure continues for more than 7 days after written notice requiring payment, or if the Client breaches any other material term of the Contract and fails to remedy that breach within a reasonable time after being requested to do so.

13. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under the Contract (other than an obligation to pay money) to the extent that such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to extreme weather events, natural disasters, pandemic or public health restrictions, industrial action, supply chain disruption, material or labour shortages, or changes in law. The affected party will notify the other as soon as reasonably practicable and the Contract programme will be adjusted accordingly.

14. Intellectual Property

48. All designs, drawings, concept plans, space plans, and other documents prepared by OFP in connection with the Works remain the intellectual property of OFP, whether or not the Quotation proceeds to acceptance.
49. The Client is granted a licence to use such designs and drawings solely for the purpose of the Works for which they were prepared, and not for any other project or purpose, without OFP’s prior written consent.
50. Where the Client requests OFP to use design concepts, branding, or materials supplied by the Client, the Client warrants that it holds all necessary rights to authorise such use and indemnifies OFP against any claim arising from that use.

15. Confidentiality and Privacy

Each party agrees to keep confidential any commercially sensitive information disclosed by the other party in connection with the Works, and to use such information only for the purposes of performing the Contract. OFP collects and handles personal information in accordance with its Privacy Policy, available at ofp.com.au/privacy, which forms part of these Terms and Conditions by reference.

16. Dispute Resolution

51. If a dispute arises in connection with the Contract, the parties agree to first attempt to resolve the dispute in good faith through discussion between the Client and OFP’s Sales Consultant or Project Manager.
52. If the dispute is not resolved within 14 days, either party may refer the matter to mediation with a mediator agreed between the parties (or, failing agreement, appointed by the Resolution Institute or equivalent body), before either party commences formal legal proceedings, except where urgent interlocutory relief is sought.
53. Nothing in this clause prevents either party from exercising any statutory right, including rights under security of payment legislation applicable in Western Australia.

17. Governing Law

These Terms and Conditions, and any Contract formed under them, are governed by the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

18. General

54. These Terms and Conditions may only be waived, amended, or altered with the written authority of an OFP Sales Consultant or Director, countersigned by the Client.
55. If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
56. These Terms and Conditions, together with the relevant Quotation and any agreed Variations, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements, whether written or oral.
57. OFP may engage subcontractors to perform any part of the Works and remains responsible to the Client for the proper performance of the Works in accordance with the Contract.
58. Any notice under this Contract must be given in writing and delivered by email or post to the contact details provided in the Quotation or Quote Acceptance form.

19. Contact Information

• Office Fitout Professionals Pty Ltd
• Email: peter@ofp.com.au
• Phone: (08) 6465 4900
• Address: 10/8 Booth Place, Balcatta WA 6021, Australia
• Website: ofp.com.au
• Builders Registration: BP12706

© Office Fitout Professionals Pty Ltd. All Rights Reserved. This document is for informational purposes and does not constitute legal advice. We recommend the Client and OFP each seek independent legal advice before relying on these Terms and Conditions.