Embers & Iron — Custom Order Terms & Conditions

1. Agreement
These terms apply to custom orders and form part of your quotation. Your order is confirmed when you accept the quotation and these terms in writing and Embers & Iron confirms acceptance. Any agreed departures must be recorded in writing.

2. Minimum Order Quantity
Custom orders require a minimum of 5 units per approved design and size, unless otherwise agreed in writing by Embers & Iron.

3. Specifications and Approval
You must provide accurate measurements and disclose your intended use, cooking setup and special requirements. Production begins only after written approval of the final specifications and receipt of the required deposit.

We are not responsible for fit issues caused solely by incorrect measurements you supply where we manufacture to the approved specifications. This does not exclude responsibility for our own design, advice or manufacturing errors.

Any dimensional tolerances or finish variations must be disclosed and agreed before production.

4. Pricing and Payment
The quotation specifies the price, GST treatment, delivery charges, deposit and payment schedule. Unless otherwise agreed in writing, the balance is payable before dispatch. We may pause production or withhold dispatch while an agreed payment remains overdue, after notifying you.

5. Changes
Changes after approval require our written agreement and may be unavailable once production starts. Any additional charges or revised lead times must be accepted by you in writing before the changes proceed. We will not substitute agreed materials or materially alter the design without your approval.

6. Cancellation
Change-of-mind cancellations must be requested in writing. If accepted, we may deduct reasonable, documented costs directly attributable to your order, including completed design work, committed materials and production already undertaken.

Deductions will account for costs avoided and amounts recoverable through reuse or resale, and will not exceed the order price. Any remaining payment will be refunded. This clause does not apply where you are legally entitled to cancel without charge.

7. Lead Times and Delivery
Lead times are estimates unless expressly agreed as a binding deadline. We will notify you of significant delays and take reasonable steps to minimise them. If we cannot fulfil your order, we will refund payments for goods or services not supplied. Your statutory rights concerning delay remain unaffected.

Ownership passes upon full payment. Risk of loss or damage passes when you or your nominated recipient takes delivery.

8. Returns and Product Concerns
Custom products manufactured to the agreed specifications cannot be returned for change of mind. Please inspect your order upon receipt and promptly report damage, defects or discrepancies, with photographs where practical. Delayed notification does not remove your statutory rights.

9. Use and Care
Follow the supplied care instructions and agreed operating limits. We are not responsible for damage to the extent caused by misuse, overloading, unauthorized modification or failure to follow reasonable care instructions. These exclusions do not apply to manufacturing defects or failures for which we are legally responsible.

10. Consumer Rights and Warranty
Nothing in these terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including under Australian Consumer Law. Any express warranty is additional to those rights.

11. Governing Law
These terms are governed by Victorian law and applicable Australian law, without limiting any mandatory rights or access to a competent court or tribunal.