SIGNATURE BLINDS - STANDARD TERMS & CONDITIONS
These Standard Terms and Conditions (Terms) apply to all orders of Goods from Cedarking Pty Ltd trading as Signature Blinds (Signature Blinds, we, us, our or Company). These Terms together with your order form a contract for the sale of the Goods. We will not be bound by any terms and conditions included in any purchase order, sales confirmation or other document or communication from the Client.
1. Interpretation
In these terms and conditions:
(a) "Client" (or "you", "your") means any person to whom we supply Goods under these Terms. (b) "ACL" or "Australian Consumer Law" means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth). (c) "DIY" means Client orders where the Client will provide the measurements and handle installation of the Goods. (d) "Goods" means all products and goods supplied by Signature Blinds. (e) "Personal Property Securities Register", "Purchase Moneys Security Interest", "Security Agreement" and "Security Interest" each have the meanings given in the PPSA. (f) "PPSA" means the Personal Property Securities Act 2009. (g) "Quote" means the quote we provide to you setting out the cost and description of the Goods.
2. Orders & Goods
2.1 All orders must be in writing and accompanied by a deposit of 50% of the price, unless we otherwise agreed. We may in our discretion accept or reject any orders.
2.2 There may be some colour variations in the Goods if they are blinds made from timber, aluminium or PVC. Likewise, separate orders, or blinds bought at different times, may have a variation in colour. Colours, patterns and weaves on our website are a guide only and small variations can occur.
2.3 From time to time our Goods may not be available in the colours you select. If this occurs and we are unable to fill an order, we will advise the Client as soon as we are notified. The Client may then: (a) choose another colour; (b) wait for the stock to come in; or (c) choose another colour from a different fabric range and pay the difference in price if it is a higher fabric quality.
2.4 You are responsible to ensure that all existing windows coverings are removed prior to installation, or a $15 per window charge will apply for removal, unless otherwise agreed.
2.5 You are responsible to ensure that all furniture and items are removed that are blocking access to the windows within two meters around the area of the installation, prior to installation. Signature Blinds accepts no responsibility for any damages to items left within the access area. Your blinds may not be able to be installed if items are not removed from the access area and you will need to make another installation appointment.
2.6 If you are not present at the check measure, the company can proceed with the order based on previous commitments and appointment confirmation.
3. Price & Payment
3.1 The price for the Goods will be as per our price list or your Quote as at the date of order. We may change the price for Goods at any time.
3.2 We will invoice you for the deposit amount following receipt of your order. We will invoice for the balance of the price of Goods once your Goods are ready for installation.
3.3 Unless otherwise agreed by us in writing, payment for the Goods (less any deposit paid) must be made on the installation day.
3.4 If the Client fails to pay in accordance with this clause, the Company may charge interest at 10% per annum, calculated monthly, on all overdue invoices, which shall be added monthly to your account. If we incur any legal, enforcement or other expenses in obtaining payment from a Client, the Client must reimburse those expenses.
3.5 If Goods are ordered by more than one party each party shall be jointly and severally liable for any amounts due.
3.6 All goods remain the property of Signature Blinds until paid in full.
4. Title & Risk
4.1 Title to the Goods does not pass to the Client until the Goods have been paid for in full.
5. Changes, Cancellations, Returns and Disputes
5.1 You may change your order within 24 hours, or cancel your order within 12 hours of acceptance of the quote. Orders may not be cancelled or changed after this time unless we agree. We may charge reasonable administrative fees if you cancel or change your order.
5.2 If the Client claims that any Goods sold or services supplied by the Company are faulty or defective, or disputes the invoices the Company has issued, the Client must notify their reasons in writing to the Company within 14 days of the invoice date or the date of delivery (whichever is applicable), failing which the Client loses any right to dispute the quality of quantum of the Goods or services.
5. Changes, Cancellations, Returns and Disputes
5.1 You may change your order within 24 hours, or cancel your order within 12 hours of acceptance of the quote. Orders may not be cancelled or changed after this time unless we agree. We may charge reasonable administrative fees if you cancel or change your order.
5.2 If the Client claims that any Goods sold or services supplied by the Company are faulty or defective, or disputes the invoices the Company has issued, the Client must notify their reasons in writing to the Company within 14 days of the invoice date or the date of delivery (whichever is applicable), failing which the Client loses any right to dispute the quality of quantum of the Goods or services.
6. Warranties & Limit of Liability
6.1 Signature Blinds offers warranties on blinds, awnings and plantation shutters (Warranty). Please read our full warranty policy (available with your invoice) for further details.
6.2 If the Client is a consumer under the ACL, the Client also has extensive rights under the ACL including consumer guarantees and remedies. Nothing in these Terms or the Warranty limits those rights and remedies in any way. The Client can obtain full details of consumer rights and remedies from the Australian Competition and Consumer Commission at www.accc.gov.au or from your local consumer protection agency.
6.3 If the Client is not a consumer under the ACL, we make no warranty that the Goods are fit for any particular purpose, or any other warranties, except those that cannot be excluded by law.
6.4 No warranties are given except as expressed in these Terms, in the Warranty, or under the ACL. Any representation, warranty or guarantee that might for any reason be implied into these Terms is excluded to the fullest extent permitted by law.
6.5 To the extent permitted by law, in no event shall our liability include consequential loss, or exceed the price of the Goods supplied by the Company and paid by the Client.
7. General
7.1 Amendment The Company may amend these Terms by notice to the Client. The amended terms will apply to all orders submitted after the date of notice.
7.2 Set-off (a) The Company may set-off any credit amount that the Company owes to the Client against any debt due by the Client to the Company at the Company’s sole discretion.
(b) The Client is not entitled to withhold payment of any money in respect of any alleged set-off or claim the Client might have against the Company.
7.3 Severance and Waiver If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the Terms and the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of the Company’s rights under these Terms must be in writing and signed by an authorised representative of the Company, and is effective only to the extent set out in the waiver.
7.4 Jurisdiction These Terms will be interpreted in accordance with the Laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the Victorian Courts.
7.5 Force Majeure. We will not be liable for any breach of these Terms or failure to supply where such breach or failure is the result of an act of God, natural disaster, terrorism, war or any other occurrence beyond our reasonable control.
8. Other
8.1 Plantation Shutters. It is recommended that Plantation Shutters panels/ blades do not exceed 700mm in width and are divided into smaller panels. Plantation Shutter Panels installed beyond 700mm in width cannot be guaranteed to hang true and hinged panels may require lifting when closed. Plantation Shutter blades cannot exceed 900mm in width. If a Client requests that a single Plantation Shutter panel be installed beyond 700mm in width, the Client accepts the above conditions and the Company takes no responsibility for any operational fault in the product.
8.2 Outdoor Blinds. Should your area experience high winds or if high winds are predicted, your outdoor blinds should instantly be rolled up and awnings retracted. Leaving your blinds down during extreme weather can cause damage to both the blinds and potentially your home. Our warranty will not cover damage of this nature.