Terms and Conditions of Trade - Hub Interiors Australia Pty Ltd
Last updated: 6 August 2026
Effective Date: 6 August 2026
Document Version: 1.0
Important application statement
These Terms apply to commercial engagements accepted on or after the Effective Date. They must be read with the applicable Proposal or Engagement Form. Project-specific signed special conditions prevail over these Terms. These Terms are not intended to replace a prescribed statutory contract where one is required by law.
HUB Interiors Australia Pty Ltd (ABN 86 618 285 313; ACN 618 285 313) publishes these Terms on its website so they can be incorporated into Proposals, Engagement Forms, purchase orders and other project documents. The version in force when an Agreement is accepted governs that Agreement unless the parties agree otherwise in writing.
1. Definitions and interpretation
1.1 In these Terms, unless the context requires otherwise:
Agreement means the binding agreement between HUB and the Client comprising, in descending order of precedence: any signed special conditions or variation; the Proposal or Engagement Form; these Terms; and the drawings, specifications, schedules and other documents expressly incorporated into the Proposal.
Applicable Law means all legislation, regulations, codes, standards, approvals and lawful requirements applying to the Agreement, the Site, the Services or the Works, including the Australian Consumer Law, the PPSA, the Security of Payment Act and applicable work health and safety laws.
Australian Consumer Law or ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means a day other than a Saturday, Sunday or public holiday in Western Australia. For a statutory payment claim, Business Day has the meaning given in the Security of Payment Act.
Client means the person or entity identified as the client in the Proposal, including any person acting with its actual authority.
Client Representative means the person nominated by the Client to give instructions, approvals and decisions for the project.
Deliverables means all drawings, plans, sketches, concepts, schedules, specifications, reports, models, estimates, budgets and other materials prepared by or for HUB as part of the Services.
Design Services means concept design, design development, documentation, space planning, selections, budgeting, project advice and related professional services described in the Proposal.
HUB means HUB Interiors Australia Pty Ltd (ABN 86 618 285 313; ACN 618 285 313), its successors and permitted assigns.
Materials means goods, products, fixtures, fittings, equipment and other materials supplied or procured by HUB for the project.
Practical Completion means the stage when the Works are complete in all material respects and are reasonably capable of being used for their intended purpose, despite minor defects or omissions that do not prevent that use.
Price means the amount payable under the Agreement, including approved Variations, disbursements, Prime Cost Items, Provisional Sums and applicable GST.
Prime Cost Item means an item not selected, or whose price is not known, when the Proposal is prepared and for which an allowance is included.
Proposal means HUB's quotation, proposal, engagement form, scope, fee proposal or other commercial offer accepted by the Client.
Provisional Sum means an allowance for work, services or materials for which HUB cannot provide a firm price when the Proposal is prepared.
PPSA means the Personal Property Securities Act 2009 (Cth) and associated regulations.
Security of Payment Act means the Building and Construction Industry (Security of Payment) Act 2021 (WA) and associated regulations, as amended or replaced.
Services means the Design Services, advisory services, project management, procurement and other services described in the Proposal.
Site means the project address or other location at which the Services are provided, the Works are carried out or Materials are delivered.
Terms means these Terms and Conditions of Trade, as incorporated into the Agreement.
Variation means a change to the Services, Works, Materials, Price, programme or other requirement of the Agreement.
Works means the construction, fit-out, installation, refurbishment, make-good and related work described in the Proposal, including Materials supplied in connection with that work.
1.2 Headings are for convenience only. The singular includes the plural and vice versa. A reference to a person includes an individual, company, trust, partnership, government body and other legal entity. Including and similar expressions are not words of limitation.
1.3 If there is an inconsistency between documents forming the Agreement, the document higher in the order of precedence in the definition of Agreement prevails to the extent of the inconsistency.
2. Application, acceptance and contract formation
2.1 A Proposal is open for acceptance for the period stated in it or, if no period is stated, for 30 days from its date. HUB may withdraw or revise a Proposal before acceptance.
2.2 The Client accepts the Agreement by signing or electronically accepting the Proposal, issuing a purchase order referring to it, paying a deposit, instructing HUB to commence, giving HUB access to the Site, or accepting any part of the Services or Works.
2.3 A Client purchase order is an administrative document only. Any terms printed on or incorporated into the purchase order do not apply unless HUB expressly agrees to them in writing.
2.4 The Client warrants that the person accepting the Agreement and the Client Representative have authority to bind the Client and give instructions for the project.
2.5 Where there is more than one Client, each Client is jointly and severally liable for the Client obligations, including payment of the Price.
2.6 The version of these Terms in force when the Agreement is accepted applies for the life of that Agreement. A later website update does not vary an existing Agreement unless the parties agree in writing.
2.7 If Applicable Law requires a prescribed form of contract or mandatory information, the parties must use or add that form or information. The project-specific statutory document prevails to the extent required by law.
3. Scope, Design Services and Deliverables
3.1 HUB will provide only the Services, Works, Materials and Deliverables expressly included in the Proposal. Any item not expressly included is excluded unless added by an approved Variation.
3.2 HUB will perform the Services and Works with the degree of care and skill required by the Agreement and Applicable Law.
3.3 Unless the Proposal expressly states otherwise:
(a) concept designs, mood boards, test fits, preliminary layouts and budget estimates are indicative and are not suitable for construction, certification or final pricing;
(b) construction must not commence from a Deliverable unless it is clearly marked by HUB as issued for construction or approved for the relevant purpose;
(c) editable, native or source files are not included; and
(d) the number of revisions, workshops, site visits and presentations included is the number stated in the Proposal. Additional or fragmented feedback may be treated as a Variation.
3.4 Budgets, estimates, programmes and lead times are prepared using information and market conditions available at the time. They are not guarantees or fixed-price commitments unless expressly described as fixed in the Proposal.
3.5 HUB may rely on information, surveys, plans, reports, approvals and instructions supplied by the Client or third parties. HUB is not responsible for an error or omission in that material that was not reasonably apparent to HUB, but will notify the Client if it identifies a material issue.
3.6 The Client acknowledges that further investigation, design development, consultant input, authority requirements and site conditions may change the scope, cost, timing or feasibility of a project.
3.7 HUB is not required to provide Services or Works that would breach Applicable Law, a professional obligation, a Site rule or a reasonable safety requirement.
4. Client obligations
4.1 The Client must, at its cost and in sufficient time to avoid delay:
(a) provide a clear brief, budget, programme, complete and accurate project information, and prompt consolidated instructions, selections and approvals;
(b) nominate one Client Representative and promptly notify HUB of any change to that authority;
(c) obtain the consent of the owner, landlord, financier, building manager and any other person whose consent is required, unless the Proposal expressly allocates that task to HUB;
(d) provide safe, clear and continuous access to the Site during agreed working hours, together with required inductions, parking, loading, hoisting, utilities, amenities and secure storage, unless included in the Proposal;
(e) ensure the Site is ready for the Services and Works, remove or protect Client property, occupants and sensitive equipment, and coordinate the Client's employees and operations;
(f) identify, locate and disclose existing services, structures, hazardous materials, asbestos, contamination, heritage constraints and other known Site risks;
(g) maintain insurance for the existing building, contents, business interruption and Client risks appropriate to the project;
(h) review Deliverables and payment claims promptly and raise any material concern without delay; and
(i) comply with Applicable Law and reasonable Site, safety and security requirements.
4.2 The Client must not give directions directly to HUB's employees, consultants, suppliers or subcontractors unless HUB has authorised that communication. HUB may disregard an unauthorised direction.
4.3 If the Client does not perform an obligation on time, HUB is entitled to a reasonable extension of time and the reasonable additional cost caused by the failure will be a Variation.
4.4 The Client is responsible for the accuracy, suitability and legal use of Client-supplied designs, specifications, products and instructions.
5. Consultants, subcontractors and nominated suppliers
5.1 HUB may engage employees, consultants, suppliers and subcontractors to perform the Agreement. HUB remains responsible for their work to the extent required by the Agreement and Applicable Law.
5.2 The Proposal will identify whether a consultant is engaged by HUB, engaged by the Client, or engaged by HUB as the Client's disclosed agent. The party identified as the engaging party is responsible for that consultant's fees, subject to any administration or coordination fee stated in the Proposal.
5.3 For a consultant, contractor or supplier engaged directly by the Client:
(a) the Client is responsible for that party's acts, omissions, information and performance;
(b) HUB is not liable for that party's services or work, except to the extent loss is caused by HUB's failure to exercise the care and skill required for coordination services expressly included in the Proposal; and
(c) additional coordination, review or rework required because of that party is a Variation.
5.4 If the Client nominates or insists on a particular product, design, supplier or contractor against HUB's reasonable recommendation, the Client bears the risk of suitability and performance to the extent the risk arises from that nomination, subject to HUB meeting its non-excludable legal duties.
6. Price, allowances and procurement
6.1 The Client must pay the Price in accordance with the Agreement. Unless expressly stated otherwise, amounts are exclusive of GST and the Client must pay applicable GST at the same time as the relevant taxable supply.
6.2 A fixed price is fixed only for the scope, assumptions, Site conditions and programme stated in the Proposal. A change to any of those matters may be a Variation.
6.3 Prime Cost Items and Provisional Sums will be adjusted to the actual reasonable cost of the relevant item or work, plus any procurement, supervision or coordination margin stated in the Proposal. HUB will provide reasonable supporting detail on request.
6.4 The Client must reimburse reasonable disbursements and third-party costs identified in the Proposal or approved as a Variation.
6.5 Unless the Proposal states otherwise, the Price assumes that orders are placed within the Proposal validity period and the Client performs its obligations on time. If procurement is delayed by the Client, or a supplier, freight, tariff, exchange-rate or market increase outside HUB's reasonable control occurs before an order is placed, HUB may propose a reasonable Price adjustment supported by relevant information.
6.6 If a specified Material becomes unavailable, discontinued, subject to excessive delay or materially changed, HUB may propose a reasonably equivalent substitute. The Client must not unreasonably withhold or delay approval. Any cost or time difference is a Variation.
6.7 A deposit secures project capacity and may be applied to design time, mobilisation, procurement and other commitments. To the extent permitted by law, a deposit is non-refundable only to the extent of work performed, capacity reasonably reserved, or costs and commitments reasonably incurred by HUB.
7. Payment and security of payment
7.1 The Client must pay deposits, progress claims, milestone invoices and the final account in accordance with the payment schedule in the Proposal.
7.2 If the Proposal does not state a due date:
(a) an invoice for Design Services or other professional services is due 7 calendar days after its date; and
(b) an invoice for Works or Materials is due 14 calendar days after its date, subject to any earlier due date validly agreed and Applicable Law.
7.3 Payment is not contingent on the Client receiving payment, finance, landlord approval, insurance proceeds or any amount from another person. A pay-when-paid provision has no effect to the extent prohibited by law.
7.4 A progress claim may include the value of Services and Works performed, approved Variations, Materials delivered to the Site, Materials reasonably procured and stored for the project, and other amounts then due under the Agreement.
7.5 If the Security of Payment Act applies, an invoice may be a payment claim. The Client must give any payment schedule within 10 Business Days after receiving the payment claim, or any earlier period required by the Agreement or Applicable Law, and must include all reasons for withholding payment.
7.6 The Client must pay the undisputed part of an invoice by the due date. The Client may not set off or deduct an amount unless permitted by Applicable Law, agreed by HUB in writing, or stated in a valid payment schedule.
7.7 Interest accrues on an overdue amount from the due date until payment at 1% per calendar month, calculated daily and not compounded, or the higher rate required by the Security of Payment Act. The Client must also pay HUB's reasonable, documented debt recovery and legal costs to the extent permitted by law.
7.8 HUB may exercise any statutory right to suspend work or supply, recover a debt, seek adjudication or enforce a payment entitlement. Nothing in the Agreement restricts a right under the Security of Payment Act.
7.9 Retention, security or a performance bond applies only if expressly stated in the Proposal. Any retention money must be dealt with in accordance with Applicable Law, including any retention money trust requirements.
7.10 HUB may obtain a commercial credit report or trade reference for the Client where reasonably necessary to assess or manage credit, subject to Applicable Law and HUB's privacy obligations.
8. Variations
8.1 A Variation may be requested by either party. Except in an emergency under clause 8.4, HUB is not required to proceed until the Variation is approved in writing by the Client Representative.
8.2 Where reasonably practicable, HUB will state the proposed change to the Price and programme before carrying out a Variation. An email approval from the Client Representative is sufficient.
8.3 The following are Variations to the extent they change the scope, cost or time required:
(a) a change to the brief, design, quantities, selections, Site area, programme, budget, staging or access arrangements;
(b) additional revisions, meetings, site visits, Deliverables or consultant coordination;
(c) a discrepancy, omission or inaccuracy in Client or third-party information;
(d) a latent condition, hazardous material, concealed service, structural issue or existing non-compliance;
(e) a new or changed authority, landlord, building manager, certifier, insurer or legal requirement arising after the Proposal;
(f) delay, disruption, acceleration, out-of-hours work, remobilisation or resequencing not caused by HUB; or
(g) an instruction from the Client Representative that is outside the agreed scope.
8.4 HUB may carry out work without prior approval where reasonably necessary to protect health or safety, prevent property damage, secure the Site, comply with an urgent legal direction or respond to an unforeseen condition. HUB must notify the Client as soon as practicable and is entitled to the reasonable cost and time impact.
8.5 A Variation will be valued using an agreed lump sum, applicable schedule of rates, or otherwise the reasonable cost of labour, materials, consultants, plant, supervision, overhead and margin. HUB will provide reasonable supporting detail on request.
8.6 If the parties cannot agree the value of a requested Variation, HUB is not required to proceed with it unless required for safety or legal compliance. Any statutory payment or adjudication right remains unaffected.
9. Site conditions, access and hazardous materials
9.1 Any Site inspection by HUB is limited to conditions reasonably visible and accessible at the time. HUB is not responsible for concealed, subsurface or latent conditions that could not reasonably have been identified from the agreed level of investigation.
9.2 If HUB encounters a latent condition, concealed service, asbestos, contamination, mould, hazardous substance, unsafe condition, structural issue or existing non-compliance, HUB may suspend the affected work, make the area safe and notify the Client. The resulting investigation, removal, redesign, delay and remediation are a Variation unless caused by HUB.
9.3 The Client is responsible for the accuracy of service locations and for obtaining intrusive surveys, hazardous material reports and structural investigations unless expressly included in the Proposal.
9.4 For work in occupied premises, the Client is responsible for business continuity arrangements, occupant communication, access to sensitive areas and protection or relocation of data, equipment, stock and personal property.
9.5 HUB is responsible for physical damage to the Site to the extent caused by HUB's negligence or breach. HUB is not responsible for pre-existing damage, fair wear and tear or damage caused by the Client, other contractors or undisclosed Site conditions.
9.6 If access, utilities, approvals or Site readiness are unavailable, HUB may postpone, resequence or suspend the affected work. The reasonable cost and time impact is a Variation.
10. Programme, delay and force majeure
10.1 A commencement or completion date is subject to payment of the deposit, timely Client information and approvals, Site access, authority requirements, procurement and other stated assumptions.
10.2 HUB is entitled to a reasonable extension of time for delay caused by:
(a) a Variation or Client act or omission;
(b) late access, information, selection, approval, payment or work by another contractor;
(c) a latent condition, hazardous material or authority requirement;
(d) industrial action, labour or material shortage, supplier delay, transport disruption, abnormal weather, utility interruption or Site restriction outside HUB's reasonable control;
(e) an act or omission of an authority, landlord, building manager, certifier or utility provider; or
(f) a Force Majeure Event under clause 10.5.
10.3 HUB must give notice of a material delay and its likely effect as soon as reasonably practicable. A failure to give notice does not bar an extension where it was not reasonably practicable to comply or the Client was not materially prejudiced.
10.4 If delay is caused by the Client or a person for whom the Client is responsible, the reasonable cost of standby, storage, remobilisation, resequencing, extended supervision and related impacts is a Variation. Acceleration or out-of-hours work requires written agreement.
10.5 A Force Majeure Event is an event beyond the reasonable control of the affected party, including natural disaster, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, industrial action, government order, embargo, widespread utility failure or material supply disruption. The affected party must notify the other and take reasonable steps to mitigate the effect.
10.6 Neither party is liable for failure caused by a Force Majeure Event, except for payment obligations already accrued. If the event substantially prevents performance for more than 60 consecutive days, either party may terminate the affected part of the Agreement on written notice, subject to payment for work performed and commitments reasonably incurred.
10.7 Liquidated damages, delay damages or service credits apply only if expressly agreed in the Proposal or signed special conditions.
11. Materials, delivery, risk, title and PPSA
11.1 HUB may deliver Materials and carry out the Works in stages. The Client must provide reasonable delivery access and promptly notify HUB of visible delivery damage or shortage.
11.2 Risk in Materials passes to the Client when they are delivered to the Site or another location directed by the Client. The Client must keep them secure, protected and insured from that time, except to the extent loss is caused by HUB.
11.3 Title to Materials does not pass until HUB has received all amounts due for those Materials and the relevant Agreement. Until title passes, the Client holds the Materials as bailee for HUB and must not grant a security interest over them.
11.4 To the extent permitted by law and without entering premises unlawfully, HUB may recover possession of unpaid Materials that remain identifiable, unfixed and removable without material damage. The Client must give reasonable access for that purpose after notice.
11.5 Materials specially ordered, made to measure, modified or imported for the project are not returnable unless the supplier accepts the return. The Client must pay reasonable restocking, freight and cancellation charges.
11.6 Surplus Materials supplied by HUB remain HUB's property unless the Proposal states otherwise. HUB may remove them from the Site.
11.7 If delivery or installation is delayed by the Client, HUB may store Materials at the Client's risk and charge reasonable storage, handling, insurance and redelivery costs.
11.8 The Agreement is a security agreement for the PPSA. The Client grants HUB a security interest in Materials supplied by HUB and their identifiable proceeds, and in any other collateral expressly described in the Proposal, to secure amounts owing under the Agreement.
11.9 The Client must provide information and sign documents reasonably required to perfect or enforce HUB's security interest and reimburse HUB's reasonable registration costs. To the extent permitted by the PPSA, the Client waives the right to receive a verification statement, unless HUB agrees otherwise.
12. Practical Completion, defects and statutory guarantees
12.1 HUB may notify the Client when Practical Completion is reached. Minor defects or omissions that do not prevent reasonable use do not delay Practical Completion.
12.2 The Client must inspect the Works and give HUB one consolidated written list of apparent defects within 10 Business Days after Practical Completion. Failure to list a matter does not exclude a latent defect or a right that cannot lawfully be excluded.
12.3 Unless the Proposal states another period, HUB will rectify defects caused by HUB's breach and notified within 12 months after Practical Completion. This is a defects rectification period and does not limit a longer statutory right.
12.4 The Client must give HUB a reasonable opportunity and access to inspect and rectify an alleged defect before engaging another contractor, except in an emergency or where HUB has failed to act within a reasonable time.
12.5 HUB is not responsible for a defect or damage caused by:
(a) fair wear and tear, misuse, overloading, failure to maintain, or use contrary to instructions;
(b) the Client, an occupant, another contractor or an unauthorised modification or repair;
(c) a Client-supplied or nominated design, product or instruction, except to the extent HUB failed to exercise required care in reviewing it;
(d) a latent condition, movement or failure in the existing building or services; or
(e) a manufacturer defect, in which case HUB will pass through and reasonably assist with the available manufacturer warranty, subject to payment of HUB's reasonable cost if the issue is not HUB's responsibility.
12.6 Nothing in the Agreement excludes, restricts or modifies a consumer guarantee, statutory warranty or other right that cannot lawfully be excluded.
12.7 Where the ACL permits liability for a failure to comply with a consumer guarantee to be limited, HUB's liability is limited, at HUB's option, to:
(a) for goods, replacement, repair, supply of equivalent goods, or payment of the reasonable cost of replacement or repair; and
(b) for services, supplying the services again or payment of the reasonable cost of having the services supplied again.
12.8 The Client may withhold only a reasonable amount genuinely related to an identified defect or incomplete item, subject to the Security of Payment Act and any valid payment schedule.
13. Intellectual property, confidentiality, privacy and publicity
13.1 HUB retains ownership of all intellectual property in the Deliverables and in HUB's pre-existing methods, templates, cost data, know-how and design systems.
13.2 After HUB has received full payment of all amounts due, HUB grants the Client a non-exclusive, non-transferable licence to use the final Deliverables solely for the project and Site for which they were prepared.
13.3 Without HUB's prior written consent, the Client must not:
(a) reuse a Deliverable for another site, stage or project;
(b) sell, licence, reproduce, adapt or materially modify a Deliverable;
(c) provide a Deliverable to another designer, builder or tenderer for construction or pricing outside the permitted project purpose; or
(d) remove HUB's title block, copyright notice or authorship information.
13.4 The Client warrants that material it provides to HUB may lawfully be used for the project. The Client indemnifies HUB against a third-party intellectual property claim caused by that material or a Client direction, reduced to the extent HUB contributed to the claim.
13.5 Each party must keep the other party's confidential information confidential and use it only for the Agreement, except where disclosure is to professional advisers, insurers, financiers, authorities or project participants who need the information and are subject to confidentiality obligations, or where disclosure is required by law.
13.6 HUB may use non-confidential photographs and a general description of completed work in its portfolio, website, social media, award submissions and industry publications after giving the Client reasonable notice. The Client may object on reasonable confidentiality, security or brand grounds. HUB must not disclose confidential information or use the Client's trade marks without consent.
13.7 HUB may collect, use and disclose personal information reasonably necessary to quote, deliver and administer the Agreement, manage credit and comply with law. HUB will handle personal information in accordance with Applicable Law and its published privacy policy.
14. Liability, indemnities and insurance
14.1 This clause is subject to clause 12.6 and all rights and liabilities that cannot lawfully be excluded or limited.
14.2 To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, including loss of profit, revenue, opportunity, goodwill, anticipated savings, business interruption or data, except to the extent that liability cannot lawfully be excluded or the loss is caused by that party's fraud or wilful misconduct.
14.3 To the maximum extent permitted by law, HUB's aggregate liability arising out of an Agreement is limited to the Price paid or payable under that Agreement. This cap does not apply to liability for death or personal injury caused by HUB's negligence, fraud, wilful misconduct, or any liability that cannot lawfully be limited.
14.4 A party's liability is reduced to the extent the other party or a third party caused or contributed to the loss, failed to mitigate the loss, or did not follow a reasonable written recommendation.
14.5 The Client indemnifies HUB against a third-party claim, property damage, fine or cost to the extent caused by:
(a) the Client's breach, negligence or unlawful act;
(b) a Site hazard, existing condition or material fact known to the Client but not disclosed to HUB;
(c) a Client-supplied design, product, instruction or infringement of third-party rights; or
(d) the acts or omissions of a consultant, contractor or supplier engaged directly by the Client,
but the indemnity is reduced to the extent HUB caused or contributed to the claim.
14.6 HUB will maintain the insurances required by law and any project-specific insurance stated in the Proposal. On reasonable request, HUB will provide evidence of current cover.
14.7 The Client must maintain insurance for the existing building, contents, Client-supplied property and business interruption, and ensure the owner or landlord maintains appropriate property insurance, unless the Proposal expressly allocates that responsibility to HUB.
15. Suspension, termination and cancellation
15.1 HUB may suspend the Services, Works or supply after giving reasonable written notice if:
(a) an amount is overdue;
(b) the Client fails to provide required access, information, approval, security or instruction;
(c) the Site is unsafe or continued performance may breach Applicable Law;
(d) the Client materially interferes with HUB's performance; or
(e) HUB reasonably believes the Client will be unable to pay and the Client does not provide reasonable security requested by HUB.
15.2 HUB is entitled to a reasonable extension of time and the reasonable cost of suspension, protection, storage, demobilisation and remobilisation, except to the extent the suspension was caused by HUB.
15.3 Either party may terminate for a material breach that is not remedied within 5 Business Days after written notice, or a longer reasonable period stated in the notice where the breach cannot reasonably be remedied within 5 Business Days.
15.4 HUB may terminate immediately by written notice if the Client repudiates the Agreement, becomes insolvent, enters external administration, makes an arrangement with creditors, or requires HUB to act unlawfully.
15.5 The Client may terminate for convenience by written notice. The Client must pay:
(a) the value of Services and Works performed to the termination date;
(b) approved Variations and incurred disbursements;
(c) the cost of Materials ordered or committed, including reasonable supplier cancellation and restocking charges;
(d) reasonable demobilisation, storage, protection and close-out costs; and
(e) any other reasonable, documented direct loss caused by the cancellation that HUB could not reasonably avoid.
15.6 A deposit and previous payments will be credited against amounts due on termination. A cancellation amount is compensation for work, capacity and commitments, not a penalty.
15.7 If HUB terminates before commencement because it is unable to perform due to circumstances beyond its reasonable control, HUB will refund any unearned deposit after deducting reasonable committed costs and disbursements.
15.8 Termination does not affect accrued rights. Clauses concerning payment, title, PPSA, intellectual property, confidentiality, liability, disputes and general matters survive termination.
16. Dispute resolution
16.1 A party claiming a dispute must give written notice describing the issue and the outcome sought. Within 10 Business Days, senior representatives with authority to settle must confer in good faith.
16.2 If the dispute is not resolved within 10 Business Days after the conference, either party may refer it to mediation in Perth, Western Australia, under the Resolution Institute Mediation Rules or other rules agreed by the parties. The mediator's costs are shared equally unless otherwise agreed.
16.3 Clauses 16.1 and 16.2 do not prevent a party from:
(a) making or responding to a payment claim, payment schedule, adjudication application or other process under the Security of Payment Act;
(b) recovering an undisputed debt;
(c) seeking urgent interlocutory or injunctive relief; or
(d) commencing proceedings before a limitation period expires.
16.4 Unless the Agreement has been terminated or safety requires otherwise, the parties must continue performing undisputed obligations while a dispute is being resolved.
17. Notices, electronic communications and payment security
17.1 A notice under the Agreement must be in writing and may be delivered by hand, prepaid post or email to the address last notified by the recipient. A notice under the Security of Payment Act must also comply with that Act.
17.2 An email is taken to be received when it becomes capable of being retrieved at the recipient's email address, provided that an email received after 5.00 pm or on a non-Business Day is taken to be received at 9.00 am on the next Business Day.
17.3 The parties consent to electronic communications, electronic acceptance and electronic signatures to the extent permitted by the Electronic Transactions Act 2011 (WA) and other Applicable Law.
17.4 The Client must independently verify any request to change HUB's bank account details using a known HUB telephone number. HUB will not ask the Client to change payment details solely by an unverified email. Each party must promptly notify the other of suspected payment fraud and take reasonable steps to mitigate loss.
18. General
18.1 The Agreement is the entire agreement about its subject matter and supersedes prior proposals, negotiations and understandings. This does not exclude liability for fraud, misleading conduct or any right that cannot lawfully be excluded.
18.2 An amendment is effective only if in writing and agreed by authorised representatives of both parties. A waiver is effective only if in writing and applies only to the specific instance stated.
18.3 If a provision is invalid or unenforceable, it is to be read down to the minimum extent necessary or severed, and the remaining provisions continue.
18.4 The Client may not assign, novate or transfer the Agreement without HUB's prior written consent, not to be unreasonably withheld. HUB may assign a receivable or security interest to a financier or debt assignee on notice to the Client, and may subcontract performance in accordance with clause 5.
18.5 The relationship is that of independent contracting parties. Nothing creates a partnership, joint venture, employment or agency relationship except an agency expressly stated in the Proposal.
18.6 A guarantee or charge by a director or third party is effective only if contained in a separate document signed by that guarantor. Publication of these Terms does not itself create a personal guarantee.
18.7 The Agreement is governed by the laws of Western Australia. Subject to clause 16 and any statutory forum, the parties submit to the non-exclusive jurisdiction of the courts and tribunals of Western Australia sitting in Perth.
18.8 The Agreement may be executed in counterparts and by electronic signature. Each counterpart forms part of the same instrument.
19. Website and digital tools
19.1 This clause applies to your use of HUB’s website and any digital or automated tools made available on it (including any chat or virtual assistant tool), in addition to the Agreement terms above, which continue to apply in full to any Services or Works HUB is engaged to carry out.
19.2 Content on HUB’s website, and any response generated by an automated or AI-assisted tool on the website, is provided for general information only. It does not constitute a quotation, Proposal, professional advice or a binding offer, and does not form part of any Agreement unless separately confirmed in writing by HUB.
19.3 You must not use HUB’s website or a digital tool on it for an unlawful purpose, to submit false or misleading information, or to submit sensitive personal information (such as financial account details, government identifiers or health information) unless reasonably necessary and requested by HUB.
19.4 Where a digital tool on HUB’s website is provided or hosted by a third-party technology provider, your use of that tool may also be subject to that provider’s terms. HUB’s Privacy Policy explains how information submitted through the website and any digital tools is handled.
19.5 To the maximum extent permitted by law, HUB is not liable for loss or damage arising from reliance on content generated by an automated tool on its website. Nothing in this clause excludes, restricts or modifies a consumer guarantee or other right that cannot lawfully be excluded.
20. Contact information
HUB Interiors Australia Pty Ltd: ABN 86 618 285 313; ACN 618 285 313
Mail: Level 1, 220 St Georges Terrace, Perth WA 6000
Email: info@hubinteriors.com.au
Phone: (08) 9329 6880
Website: hubinteriors.com.au
