Terms & Conditions | Upper Cut Co

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Upper Cut Co — Terms & Conditions of Sale

These Terms & Conditions apply to purchases and agreed custom work supplied directly by Upper Cut Co, operated by Brad Grove, ABN 26 941 149 029, in New South Wales, Australia.

They apply to orders placed through our website and work agreed through a written quote or other direct arrangement with Upper Cut Co.

Where a purchase is made through a third-party marketplace or platform, additional platform terms may also apply.

Please read these Terms & Conditions together with our Shipping & Delivery Policy, Returns, Refunds & Consumer Guarantees Policy and Privacy Policy.

Upper Cut Co operates online and does not have a public showroom or walk-in retail premises.

1. Consumer rights

Nothing in these Terms & Conditions excludes, restricts or modifies a consumer guarantee, remedy or other right that cannot lawfully be excluded.

Our change-of-mind conditions, design approvals, product disclosures and other terms do not override your rights under the Australian Consumer Law.

Where an individual written quote contains agreed project-specific terms, those terms apply to that project to the extent they are lawful.

Any intended departure from these general Terms & Conditions must be made clear before you accept the quote.

2. Product descriptions and origin

Upper Cut Co supplies Australian-made products, imported products and imported items that we customise, personalise or finish in Australia.

An “Australian owned” statement refers to the business. It does not mean every product or component sold by Upper Cut Co is manufactured in Australia.

Product-specific descriptions identify product origin where represented.

Please check the relevant product listing or quote for dimensions, materials, compatibility, included items, assembly requirements and other specifications.

Photographs may show styling items or optional accessories. The product listing or quote will identify what is included in the purchase.

Concept images, digital proofs, AI-generated images and illustrative renders may be used where identified. These are intended to assist with visualisation and do not excuse a material mismatch between the product supplied and the agreed product or specification.

Natural material variations and minor manufacturing differences may occur as explained in our Returns, Refunds & Consumer Guarantees Policy.

Products must still meet the agreed description and applicable consumer guarantees.

3. Prices and payment

Website prices are in Australian dollars and include GST where applicable.

Delivery charges and any other agreed charges are disclosed before payment or otherwise agreed before the relevant work is undertaken.

Payment is required through an available checkout method unless we expressly agree to another arrangement.

The terms of an external payment or buy-now-pay-later provider also apply to your use of that service. Those terms do not remove your rights against Upper Cut Co for goods or services we supply.

We may carry out reasonable checks to protect against suspected fraud or unauthorised payment.

We will not ask you to send complete card details, passwords or online banking credentials by email.

Price changes apply to future purchases. We do not automatically increase the price of an accepted order.

If we identify a genuine pricing, product description, stock, technical or system error before an order has been accepted, we may decline the affected order and will notify you as soon as reasonably practical.

If an accepted order is affected by an error or an inability to supply, we will contact you promptly and seek an agreed or otherwise lawful solution.

We will not debit an additional amount or substitute a materially different product without your agreement.

If we cannot supply goods or services that have been paid for, we will refund the applicable amount unless another lawful solution is agreed with you.

4. Orders and acceptance

Submitting an order through our website constitutes an offer to purchase the selected products or services.

An automated order acknowledgement, payment receipt or similar system-generated message confirms that we have received your order but does not necessarily mean that we have accepted it.

An order is accepted when we:

expressly confirm acceptance;
commence manufacturing, customisation or fulfilment;
dispatch the goods; or
otherwise clearly communicate that the order has been accepted.

For quoted work, acceptance occurs in accordance with the terms of the quote or when we commence the agreed work following your acceptance and any required payment.

We may decline an order before acceptance where we cannot reasonably fulfil it, including because of:

product or material unavailability;
a genuine pricing, listing or system error;
a manufacturing limitation;
legal or intellectual-property concerns;
suspected fraud or unauthorised payment; or
another reasonable inability to supply the requested goods or services.

If we decline an order, we will notify you and refund any payment received for goods or services we will not supply, subject only to a lawful, separately agreed charge for work already requested and completed.

5. Order information

You are responsible for providing accurate contact, delivery and order details and for checking the product, bundle, quantity, options and specifications selected.

Changes may be possible before dispatch or production, but we cannot guarantee that changes can be made after work has commenced.

We will explain any effect on price or timing and obtain your agreement before undertaking chargeable changes.

A person placing or approving an order on behalf of a business, organisation, club or other entity represents that they are authorised to do so.

6. Made-to-order products and production

Made-to-order products are manufactured after the required order information and payment are received.

Production estimates are stated on the relevant product page, in our Shipping & Delivery Policy or in your written quote.

Any product-specific timeframe clearly given before purchase takes precedence over a general estimate.

Unless another timeframe is stated for the relevant product:

Made-to-order products generally require 5–10 business days before dispatch.
FlatMate Fire Pit listings specifying a production timeframe of up to 8 business days use that product-specific timeframe.
Bespoke designs, custom fabrication, larger quantities and special projects may require additional production time.

For custom or personalised work requiring a design proof, the production timeframe begins after the required payment and final written design approval have been received.

A requested deadline is not guaranteed unless we expressly accept it in writing.

We will communicate material delays where reasonably practical and provide any remedy required by law.

7. Custom designs and written approval

Before producing a design that requires a proof, we ask you to approve the final version in writing.

For these Terms & Conditions, “in writing” may include email, SMS, website messaging, electronic messaging or another recorded written communication accepted by Upper Cut Co.

Before approving a design, check all relevant details, including:

Names, spelling, dates and numbers.
Artwork selection, placement and orientation.
Dimensions, quantities and materials.
Fonts, finishes and other agreed specifications.

We may explain manufacturing constraints, including minimum detail sizes, material limitations, support bridges or changes needed to make cut-out artwork structurally suitable.

Material changes to an approved design require further agreement.

Once production begins, preference changes or corrections to an approved customer-supplied error may require a paid alteration or remake.

We remain responsible for our own errors, work that departs from the approved specification and any failure to meet applicable consumer guarantees.

Your approval does not transfer responsibility for our workmanship, product safety or other legal obligations to you.

8. Customer-supplied artwork and intellectual property

You must have the rights or permission needed for us to reproduce any logos, images, text, designs or other material you supply.

We may request evidence of permission and may decline content we reasonably believe infringes another person's rights or cannot lawfully be produced.

You give us limited permission to use, reproduce and reasonably adapt supplied material as necessary to:

assess or quote your job;
prepare proofs;
manufacture or customise the product;
fulfil the order; and
use a contractor where reasonably required to complete the work.

You retain any rights you already own in material you supply.

Unless expressly agreed otherwise in writing, purchasing a finished product does not include ownership or delivery of our original design files, CAD files, cutting files, manufacturing drawings, production files, methods, templates or other pre-existing intellectual property.

Any licence, assignment or ownership transfer for commissioned design files must be stated in the quote or a separate written agreement.

A customer declaration or permission statement does not excuse our own infringing conduct.

Describing artwork as “inspired” or stating that we are not affiliated with a particular brand does not itself grant permission to reproduce protected material.

9. Product photography, video and marketing

Upper Cut Co may photograph or record products during manufacture, customisation, completion, packing or use for purposes including:

our website and online store;
social media;
advertising and promotional material;
product examples and portfolios;
workshop and manufacturing content; and
demonstrating our customisation and manufacturing capabilities.

This may include made-to-order, custom and personalised products.

Product-only photographs or video will generally not require separate permission each time, subject to our Privacy Policy and applicable law.

If you do not want your custom or personalised product used in our marketing, please tell us before production is completed so that we can reasonably identify and manage the request.

Additional permission may be required where content includes an identifiable person, a customer-supplied photograph, sensitive or confidential information, or material for which Upper Cut Co does not otherwise have the necessary rights.

Use of personal information and requests relating to previously published photographs or video are handled in accordance with our Privacy Policy.

Nothing in this section gives Upper Cut Co rights to third-party intellectual property that we do not otherwise have permission to use.

10. Upper Cut Co website and business intellectual property

Unless otherwise stated, website content owned by or licensed to Upper Cut Co may include:

product photographs;
graphics and illustrations;
videos;
product descriptions and written content;
manuals and instructions;
logos and brand elements;
artwork and design concepts;
CAD and manufacturing-related material; and
other original content.

You may view and use our website for normal personal or commercial purchasing purposes.

You must not reproduce, republish, distribute, sell, commercially exploit or substantially copy Upper Cut Co-owned content without our permission, except where permitted by law.

Nothing in these Terms & Conditions transfers ownership of Upper Cut Co intellectual property to a customer.

Third-party trademarks, logos and other intellectual property remain the property of their respective owners.

11. Quotes, deposits and approved account terms

Unless a written quote expressly states otherwise:

Quoted projects valued at $1,500 or less require full payment before work begins.
Quoted projects over $1,500 require a 50% deposit, with the balance payable before dispatch or collection.
Payment after completion is available only where we have formally approved that arrangement in writing for the relevant business or organisation.

Any quote expiry date, scope, inclusions, exclusions and payment dates are stated in the quote.

We do not start additional work outside the agreed scope without first explaining and agreeing its cost and effect on timing.

If an agreed payment is overdue, we may pause work or withhold dispatch after giving reasonable notice and an opportunity to resolve the matter.

This does not remove any statutory right you may have to withhold payment or seek a remedy.

12. Customer-requested cancellations

For standard in-stock products, we will try to cancel the order before dispatch. If it has already been dispatched, the change-of-mind conditions in our Returns, Refunds & Consumer Guarantees Policy apply.

We do not offer an automatic change-of-mind cancellation right for made-to-order, custom or personalised work.

We may nevertheless agree to cancel such an order where practical.

Where we agree to a discretionary cancellation, any deduction must be lawful, explained and reasonably related to the work and unrecoverable costs caused by that cancellation.

These may include:

approved design work already performed;
manufacturing or customisation already completed;
materials specifically purchased or committed to the order that cannot reasonably be reused or recovered; and
other reasonable, directly related costs already incurred.

We take reasonable steps to minimise our loss and account for costs saved or amounts recovered.

We do not impose a cancellation penalty or automatically retain the entire deposit merely because an order is cancelled.

Any cancellation settlement will identify the amount retained, the basis for that amount and any balance to be refunded.

This section does not limit your rights where cancellation or another remedy arises from our breach, a consumer-guarantee failure or another legal entitlement.

13. Ownership and risk

Ownership of goods passes to you when we have received payment in full for those goods.

Where goods are supplied under approved account terms, ownership remains with Upper Cut Co until the relevant amount has been paid in full, to the extent permitted by law.

Risk in goods passes to you when the goods are delivered to the nominated delivery location or collected by you or your authorised representative.

Where you have validly requested Authority to Leave, our Shipping & Delivery Policy explains how unattended delivery is handled.

This section does not limit any rights or remedies you may have where goods are lost, damaged, misdelivered or otherwise fail to comply with applicable consumer guarantees or our Shipping & Delivery Policy.

14. Shipping, pickup and returns

Our Shipping & Delivery Policy explains:

delivery destinations and charges;
production and preparation times;
estimated transit times;
carriers and tracking;
multi-parcel deliveries;
Authority to Leave;
delivery access and instructions;
local pickup; and
damaged, delayed, missing or returned deliveries.

Our Returns, Refunds & Consumer Guarantees Policy explains:

voluntary change-of-mind returns;
made-to-order, custom and personalised products;
cancellations;
design approvals;
product assessment;
consumer guarantees;
refund and replacement remedies; and
return costs.

Collection and return drop-offs require prior arrangement.

Do not attend a collection or return address without confirmation.

Upper Cut Co remains your contact for problems with products we sell.

Carrier, supplier or manufacturer arrangements do not remove responsibilities that Upper Cut Co has to you under applicable law.

15. Uncollected orders

Orders awaiting local pickup must be collected within a reasonable period after we notify you that they are ready.

If an order remains uncollected, we may contact you using the details supplied with your order and request that collection or another agreed arrangement be made.

If goods remain uncollected after reasonable attempts to contact you, we may store, dispose of or otherwise deal with those goods only in accordance with applicable law, including any notice requirements that apply.

Any reasonable storage, delivery or other costs associated with an uncollected order may be recoverable only where permitted by law.

16. Safe use and care

Read and follow the instructions supplied with your product.

For fire pits and outdoor cooking equipment:

Use the product outdoors only and in a suitable location.
Assemble the product correctly.
Use an appropriate stable and fire-resistant surface.
Maintain safe clearance from people, structures and combustible materials.
Observe applicable fire restrictions, total fire bans, site rules and local requirements.
Supervise fires and keep children and pets safely away.
Use suitable protective equipment.
Do not use accelerants unless expressly suitable for the product and permitted by the supplied instructions.
Do not move a hot fire pit.
Allow controlled cooling.
Follow the supplied cleaning, storage and maintenance instructions.

A fire-resistant mat, height extension kit or other accessory does not automatically make every surface safe or satisfy every campsite, caravan park, council or other site's requirements.

Protection against misuse applies only where that misuse causes the relevant damage or loss.

It does not excuse an unsafe or defective product or our own failure to meet legal obligations.

17. Delays and events outside our reasonable control

Production, fulfilment or delivery may sometimes be affected by circumstances reasonably outside the control of Upper Cut Co.

Depending on the circumstances, these may include:

severe weather or natural disasters;
bushfires or flooding;
carrier or freight network disruption;
road closures;
major material or supplier shortages;
unexpected machinery or power failure;
industrial action;
public emergencies;
government restrictions; or
another event that we could not reasonably prevent or avoid.

Where such an event materially affects an order, we will take reasonable steps to minimise the impact and notify you where reasonably practical.

A delay outside our reasonable control does not automatically cancel the order or make Upper Cut Co responsible for circumstances we could not reasonably prevent.

However, this section does not remove any right you may have under Australian Consumer Law or another applicable law to cancel an order, receive a refund or obtain another remedy where performance is substantially delayed or cannot reasonably be completed.

18. Responsibility and liability

Each party remains responsible for its own acts and omissions to the extent provided by law.

We are not responsible for damage caused solely by a customer's misuse, unauthorised modification, improper storage or failure to follow reasonable instructions where that conduct caused the damage and we have not otherwise breached a legal obligation.

We do not exclude liability for our negligence, fraud, misleading conduct or any responsibility that cannot lawfully be excluded.

Any entitlement to compensation, including compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee, is determined under applicable law.

These Terms & Conditions do not impose a blanket “use at your own risk” waiver or automatically cap all claims at the purchase price.

19. Complaints and payment disputes

If something is wrong, contact us with your order details and a description of the issue so we can investigate.

We may request reasonable supporting information, photographs, video or other details relevant to assessing the issue.

We will explain our proposed response after reviewing the available information.

Contacting us does not prevent you from exercising rights through a payment provider, consumer protection agency, tribunal or court.

We do not charge a penalty simply because you raise a genuine complaint or dispute.

20. Changes to these Terms & Conditions

We may update these Terms & Conditions for future transactions.

The Terms & Conditions applicable when you place an order continue to govern that order unless a lawful change is agreed or required by law.

If a provision is unenforceable, it is to be read down or separated only to the extent permitted by law.

The remaining provisions continue to apply where possible.

These Terms & Conditions are governed by the laws applicable in New South Wales, Australia, without removing mandatory protections or access to dispute-resolution bodies that may be available to you elsewhere.

Contact Upper Cut Co

Upper Cut Co
Operated by Brad Grove
ABN: 26 941 149 029

Location: Currans Hill, NSW, Australia
Email: contact.team@uppercutco.com.au
Phone: 0432 395 486

Upper Cut Co operates online and does not have a public showroom or walk-in retail premises.

Local pickup is available only by prior arrangement.

Last updated: 20 September 2026

Upper Cut Co — Terms & Conditions of Sale

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