These terms apply to the attached Quote. When you accept the Quote, you agree to be bound by these terms. All capitalised words in these terms have the meaning given to them in the Quote.
When these refer to “us” “we” or “our”, this means Affordable Luxury Blinds and Shutters ABN 26 651 184 824. And “you” are you!
1. YOUR ORDER
(a) In exchange for the Fees, we will provide you with your Order set out in the Quote. Your Order includes the Products and Installation Services.
(b) In preparing your Quote, we have relied on the information gathered from you and collected by us during our inspection of the installation space. If you provide us with measurements, we will act in reliance on those measurements.
(c) Your Order is subject to reasonable revisions by us at any time to correct any errors or ommissions. However, one you have accepted your Order, we cannot accept changes by you without applying additional Fees.
(d) Title to the Products will pass to you on payment of the Fees. Risk in the Products will pass to you upon Installation.
2. FEES AND PAYMENTS
(a) You must pay the Fees set out in your Order, at the times set out in your Order, including any Deposit.
(b) The Deposit is non-refundable under any circumstances.
(c) We reserve the right to not perform any installation services until you have paid the Fees.
(d) If you fail to pay any Fees due within 7 days of the date for payment, interest at the rate of 12% per annum calculated daily and compounding monthly will accrue. We may refer the debt to third party debt collectors, the costs of which will be charged to you.
3. CANCELLATION
(a) You may cancel this agreement prior to Installation subject to the payment of the Fees for the Products minus the Fees for the Installation Services (calculated in our absolute discretion).
(b) If you cancel your Order and have already paid all of the Fees, we will refund only the portion of the Fees charged for Installation Services.
(c) You acknowledge and agree that payment, or non-refund, of our Product expenses is necessary to cover our genuine losses in the case of cancellation because your Products are custom built for you.
4. THIRD PARTY SUPPLIERS
You acknowledge and agree that we work with third party manufacturers and third party contractors to provide the Products and perform the Installation Services.
5. INSTALLATION SERVICES & DATES
(a) We will endeavour to perform the Installation Services on the indicative date for installation that we communicate to you. We will keep you updated.
(b) However, for various reasons beyond our control including weather events and third party delays, and where you fail to provide access to the installation Address, we may need to delay the Installation Services.
(c) You acknowledge and agree that we accept no liability for any delay to performing the Installation Services.
(d) We will perform the Installation Services with due care and skill, and to ensure the Products are fit for purpose. If any issues arise during the Installation Services that are not due to an act or omission of you, we will rectify the issue. This may require us to return on a later date to complete the Installation Services.
(e) Your signature on the Quote indicating that the Products have been fitted and are operating to your satisfaction indicates you accept that our obligations under these terms have been fully met.
6. LIMITED WARRANTY
(a) We take pride in everything we do. Subject to fair wear and tear, misuse, or any other incident beyond our control, we warrant that the Products will be free from defects or installation faults for:
(i) one year in the case of external shutters;
(ii) two years in the case of any internal or external blinds, tracks or rods;
(iii) five years in the case of internal timber shutters;
(iv) five years in the case of internal forward shutters,
from the date of Installation.
(b) If an issue arises during the relevant warranty period, please contact us and we will endeavour to rectify the issue to the maximum extent possible.
(c) To the maximum extent permitted under applicable law, all other express or implied warranties are excluded.
7. LIABILITY
(a) Your Order will be manufactured, supplied and installed in accordance with the Internal Window Coverings regulations.
(b) However, you indemnify and agree to hold us harmless for any death or personal injury, or loss or damage to tangible property, that may be sustained or incurred in connection with the Products or the Installation Services (or both). To the maximum extent permitted under applicable law, we limit our liability to you to the total Fees paid by you to us.
8. GENERAL
(a) This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.
(b) This agreement may only be amended in accordance with a written agreement between the parties.
(c) No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(d) Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.