TERMS OF SERVICE FOR CLIENTS/CUSTOMERS
By clicking that you understand and agree to these Terms of Service, you are agreeing to be bound by these Terms of Service; if you do not agree, you cannot purchase our products and services. We may change these Terms of Service at any time, and by continuing to use or access our website and products and services, you are accepting those changes.
You must be 18 years old or older to purchase our products and services. You agree to provide current, complete and accurate information to us, and promptly inform us of any updates to your information.
PRICES AND DESCRIPTIONS
We may change prices for our products and services without notice to you. We may also discontinue any products and services at any time or change our range of products and services at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued products or services.
The descriptions of products and services may also change without notice to you. There may on occasion be errors or omissions in product or service descriptions or product or service prices, delivery times and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel orders if information is inaccurate at any time, without prior notice to you.
Except as required by law we do not warrant the quality of the products or services or warrant that they will meet your expectations.
QUOTATIONS AND ORDERS
Our Quotations are valid for a period of 30 days form the date of the Quotation. Thereafter they are subject to confirmation before acceptance. All Quotations include all notes, options and extras. It is your responsibility to ensure that the Quotation emailed to you correctly reflects your requests. After payment of your Deposit, any changes to the Quotation will constitute a Variation.
We limit the sale of our products and services to the Sydney, NSW region. We cannot guarantee that the products and services will always be available. We have the right to refuse, limit or cancel any order for our products and services.
DELIVERY OF OUR PRODUCTS
We deliver the products to your Site at the time of installation services. We service the Sydney area of NSW; if you are outside the Sydney region, please contact us at email@example.com and we may be able to service you at an additional cost. We will notify you of the delivery and/or installation date. In the event that you are unable to accept the delivery on the notified date, or accept the services on the notified date, you must pay our storage fee for the products.
OUR PROMISES FOR OUR SERVICES
We will perform the services with due care, skill and diligence and in accordance with all relevant legislation and regulations. The services will be performed personally by us or Our Representatives. You authorise us to act as your agent in relation to the services and all matters set out or implied into this Agreement.
We agree to keep you informed of progress of the services; and keep any of your documents secure and return all your documents at the termination of this Agreement.
You must not use our products and services for any illegal purposes. You must only use the products in compliance with the manufacturer’s instructions. You must provide all information required by us in order for us to perform the services (“information”). You represent and warrant that:
- all information you provide is true, correct, current and up- to date;
- you will respond promptly to any of our requests for further information;
- you have read and understand that the Non-Inclusions do not form part of the Services; and
- the Client Representative has full authority to make all your decisions related to the Services.
We may become aware during the performance of the Services that you may need additional services, and you agree to co-operate with us in this regard.
You agree that you will pay us Our Fees for the products and services via direct deposit, credit card, or cash. We charge a 50% Deposit which confirms acceptance of our Quotation and this Agreement. All deposits are non-refundable. We require payment of the remainder of Our Fees on the date of completion of the services, and payment is due on the date of delivery or the last day of performance of the services. You authorise us to deduct the remainder of Our Fees from your credit card on the date of delivery or the last day of the performance of the services. In the event that you delay the delivery or the performance of the services, you authorise us to deduct the remainder of Our Fees from your credit card on the date which is 7 days from the date we notify you of the Estimated dates.
Interest will be charged on any unpaid invoices at the rate of 10% per annum. Any legal collection fees that are incurred will be charged to you.
VARIATIONS AND ADDITIONAL SERVICES
After you pay the Deposit if you require any changes to the services, and to interrupt or change the Estimated dates, or to add additional services, you must notify us as soon as possible, and we may provide you with an amended Quotation and Our Fees, or terminate this Agreement at our discretion.
Additional charges will apply for any Non-Inclusions and any additional services. We will notify you as soon as possible if we need to vary the services or this Agreement in any way.
CANCELLATION OF ORDERS
To the extent permitted by law, any refunds for any cancellations of the products and services are at our absolute discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice. Our cancellation fee is 50% of Our Fees, which means that once you have paid the Deposit, you are liable for the full amount of Our Fees. This is because once an order is processed, your products are cut to size, and are unable to be reused.
CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, consumer guarantees that the products are of acceptable quality, fit for purpose and match the description we provide on our website. If a product fails to meet a consumer guarantee, please notify us at firstname.lastname@example.org . You will have the right to have the product repaired, replaced or refunded if it doesn’t meet a consumer guarantee. You will also have the right to the reasonable costs of the return postage.
If you believe a product does not meet a consumer guarantee please contact us as soon as possible.
Our products come with additional manufacturer’s warranties. We will provide them at the completion of the installation services.
We do not provide refunds for changes of mind, where a problem with the products is due to your misuse, failure to comply with manufacturer’s instructions including, but not limited to where they have not been maintained and cared for in accordance with the manufacturer’s instructions, or where you fail to take reasonable care. We also do not provide refunds for normal wear and tear, exposure to moisture, products which are outside factory specifications, silicone based sprays on products.
PROPERTY RISK AND TITLE
Risk in the products, including responsibility for insurance, passes to you upon delivery of the products to the Site. Notwithstanding this, the property in and legal title to the products remains with us, until they and all other products supplied to you have been paid for in full. Until the products have been paid for:
- we are the legal and equitable owner of the products;
- you hold the products as fiduciary agent and bailee for us;
- we may enter your Site without notice to inspect the products;
- you must deliver up the products to us on demand, and in default, we may enter the Site to repossess the products and take possession without compensation to you.
You permit us to photograph and/or video the services, and use the photographs for marketing and information purposes, or publications exhibitions and professional awards. You must seek our prior written consent before any publication of information about us.
We may refuse to provide services and products to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate your use of our services and purchase of products. We can also change, suspend, or stop our services and products or any part of at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our services and products.
We may either suspend the services, or terminate the services where:
- you request additional services and we are unable to complete the services in accordance with the Quotation; and/or
- due to the negligence or inefficiencies of other consultants or tradesmen at your Site additional work and/or time is required for us to perform the Services.
We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy.
Where we terminate this agreement, you must pay to us all accrued outstanding fees.
LIABILITY AND INDEMNITY
Your use of, or inability to use our services and products is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your use of our services and products including, but not limited to, any errors or omissions in any website content, price changes or discontinued products and/or services, loss or stolen products during delivery, any late delivery, any trespass on your Site, negligence, any links to third party websites, any interruptions, any changes, suspension or termination of our services and products.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- the replacement of the products or services or the supply of equivalent products or services; or
- the payment of the cost of replacing the products or services or of acquiring equivalent products and/or services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, or your violation of any law or the rights of a third-party, third party links and products and services, and any Loss and damage incurred or suffered as a result of any Claims brought against us in connection with retaking possession of the products.
PERSONAL PROPERTY SECURITY ACT (“PPSA”)
You acknowledge that this Agreement constitutes a Security Agreement for the purposes of s 20 of the PPSA and gives rise to a Purchase Money Security Interest (“PMSI”) in favour of us over the products supplied to you as Grantor. The products supplied or to be supplied under these Agreement fall within the PPSA classification of “Other Goods” acquired by you pursuant to these Agreement.
You will sign such documents and do such further acts as may be required by us to perfect the Security Interest granted to us under these Agreement under the PPSA by registration and ensure that until all your obligations are discharged and fully satisfied, our Security Interest under the Agreement remains perfected and has priority over all other security interest in the Collateral (except for the Security Interests that us has expressly agreed to sub-ordinate).
You undertake that you will not, without our prior written consent (which we may grant in our sole discretion) change or permit the change of any of our details that are required to be included in the Financing Statement. You may not grant any Security Interest in all or any of the products except with our prior written consent (which may be withheld in our sole discretion).
You agree that we may apply to register its Security Interest in the products at any time before or after delivery of the products. You irrevocably waive your rights under s 157 of the PPSA to receive a notice of any Verification Statement in respect of our Security Interest under these Agreement.
The parties contract out of each provision of the PPSA which, under s 115(1) of the PPSA, they are permitted to contract out of. Each party waives its rights to receive each notice which, under s 157(3) of the PPSA, it is permitted to waive. Each party waives its rights to receive anything from any other party under s 275 of the PPSA.
You acknowledge that you have received value as at the date of first delivery of the products and have not agreed to postpone the time for attachment of the Security Interest granted to us under these Agreement.
IF THERE IS A DISPUTE
If at any time our products or services are not reasonably acceptable to you or we disagree on the quality of the products or services you receive you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms of Service and other terms and conditions on our website, these Terms of Service prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
Additional Services means any services beyond the scope of the Services.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Client means you, the client who is agreeing to these terms and conditions.
Client Representative means the client representative you notify to us.
Deposit means 50% of Our Fees, and is the payment required to accept the Quotation.
Estimated dates means any estimated dates on which we will be providing the Services to you.
Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Non-inclusions means electrician services, or any associated services.
Our Fees means all of our fees including product and installation services fees, storage fees and any disbursements and additional fees.
Our Representatives means any of our employees, agents, contractors or subcontractors.
Products means the blinds, or shutters, or any other products we provide to you.
Quotation or offer for services that we provide to you.
Services means the installation services and any other services we agree in writing to provide to you.
Site means your home, house, business or other premises where the Services will be performed.
We, us, or our includes any of our directors, officers, employees, agents, partners, contractors and where relevant any parent companies or subsidiaries.
Website and services means www.sigshutters.com.au , and everything available on this website including, but not limited to, all products and services.