TERMS AND CONDITIONS OF TUCKS WINDOWS BENDIGO (ABN 83 093 895 112)
By proceeding with any works and/or services with Tucks Windows Bendigo, you acknowledge and agree to the following terms and conditions.
DEFINITIONS
Unless stated, the following words and phrases, where they appear in these Terms and Conditions (‘T&Cs’) shall have the following meanings:
1. “Company” means Tucks Windows, trading as Tucks Windows Bendigo, 42 Sandhurst Road, Eaglehawk, Victoria, Australia 3556. ABN#83 093 895 112
2. “Customer” means any part (individual, company, authority or organisation) that places an order and/or purchases products and/or services from the Company
3. “Quotation” means the document that sets out the details and price of the intended product/services to be provided to the Customer by the Company
4. “Products” means to any item(s) and/or accessories quoted and/or supplied by the Company and agreed and purchased by the Customer under contract
5. “Contract” means the contracted formed as a result of the acceptance of the quote provided by the Company to the Customer inclusive of any quote, cover letters, estimates or other documentation provided within these terms and conditions
6. “Terms and Conditions” means these terms and conditions for the supply and/or install of products and/or services by the Company
7. “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property
GENERAL
1.1 The Customer and the Company acknowledges that this contract embodies the whole agreement between parties and replaces all prior oral, written negotiations or communications by either party. The contract shall not be varied unless such variation is in writing and signed and/or acknowledged by both parties in writing.
1.2 The quotation is valid for 30 days from the date supplied on the paperwork, any changes in size, design, specification from the original enquiry may affect the final price and is subject to change if changes are requested by the Customer
1.3 The Company’s products will be designed in accordance with Building Regulations and relevant Australian Standards, subject to professional judgement
1.4 The Customer is liable to check the final quotation to ensure that it meets their request. The Company will not be liable for any incorrect heights, widths, depths or product specifications that have been supplied by the Customer. Subsequently, the Customer accepts full responsibility and will not hold the company liable whatsoever to rectify any works as a result of incorrect sizes being provided that were not completed by a qualified representative from the Company. The Customer, in payment of the deposit, accepts these T&Cs and acknowledges they have checked them in full and is deemed to have read and understood all terms and conditions by the Company’s conditions of sale
1.5 To accept a quotation, Customers are to pay to the company a 50% deposit on placement of the order and balance upon completion of manufacturing (inclusive of all costs, including GST)
1.6 All drawings are viewed externally and may not be drawn to scale
1.7 All glazing, if quoted, will be clear (transparent and colourless) unless otherwise specified
1.8 It is the Customers responsibility on the acceptance of this quotation to provide written confirmation of any relevant Australian Standards, such as, wind rating, BAL rating and Energy rating as examples
1.9 The Company’s lead times commence from receipt of all signed documentation and payment of deposit and may be subject to change
1.10 The Customer hereby consent and authorise the Company and its employees, agents or contractors to occupy the premises for the purpose of and incidental to; supplying and carrying out the services on the premises and/or offering the services referred to in the quotation
1.11 The Customer is responsible for ensuring that the area of installation is accessible to the Companies staff, free from dangers, obstructions, blinds, and furniture. Additional costs may be incurred if staff of the Company require additional time to prepare the area due to the aforementioned
1.12 The Customer must inform the Company as to the specific purpose for which the goods are used as this may impact the suitability of the product
1.13 To the extent permitted by Law, the Company will not be liable for non-compliance and/or faulty performance of goods where the Customer failed to advise the Company in writing of building specifications
1.14 The Company shall be release from obligation in the event of national emergency, war, prohibitive government regulation or if any other cause beyond control of the parties renders provision of the goods impossible, where all money due to the Company shall be paid immediately and, unless prohibited by law, the Company may elect to terminate the agreement
1.15 All intellectual property rights (including all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such our rights and interests), including those developed during the supply of the Goods remain the Companies sole property at all times.
PAYMENT
2.1 The Customer must pay a 50% deposit to accept the quotation, inclusive of all costs to procced with the order
2.2 The terms of final payment is required within seven (7) days of the invoice being provided by the Company
2.3 The Customer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless agreed to by the Company in writing
2.4 Failure to make a full payment within 7 days from the invoice date by the Customer may see the Company providing Customer details to a debt collection agency in which any costs or legal fees associated with this will be added to the Customers final amount owed. The Company may list any debts with commercial agencies which may affect the Customers future ability to receive credit
2.5 All goods remain the property of the Company until full payment has been received, regardless of whether they are in the possession of the company or not. Failure by the Customer to provide payment within the invoiced terms provides the Company with the right to enter premises or any site in which the goods are located to take possessions of the goods
VARIATION/CANCELLATION
3.1 Should a Customer require variations to works following acceptance of the quotation, this must be made in writing to the Company whom will determine any fees involved and changes of costing. The Customer must accept that changes once ordered with manufacturers may not be possible or may incur additional costs and this will be provided in writing by the Company
3.2 There will be no refund of deposit should a Customer need to cancel works
3.3 Any variation or cancellation of order must be approved in writing by the Company
ABILITY TO SUPPLY
4.1 Every effort will be made by the Company to ensure stock of quoted stock, should there be any required changes this will be communicated by the Company to the Customer and a remedy will be provided
4.2 The Company shall not be liable in any way for failure to deliver the goods and/or supply the services within the stated time and the customer may not reject the goods and/or service nor will they be relieved from any obligation to pay for the goods on account of such failure to delivery within the stated time
4.3 If for any reason the Company is unable to perform its obligations under the contract, then the Company may at any time by notice in writing to the Customer, terminate the contract where the contract will be at an end and any deposit money paid by the customer, will be refunded by the Company and neither party will have any claim against the other
DELIVERY AND INSTALLATION
5.1 If delivery is included in the quotation (supply and installation), the Company will deliver the goods to the address supplied by the Customer and unload them under the following conditions, the area is accessible by the delivery vehicle, the goods can be carried safely, a representative is present to accept the goods or that the Customer accepts liability for delivered goods should no one be at the address for delivery and/or installation
5.2 Products will be delivered and installed (if applicable) to site in good working order and free from defects. Once delivered (and installed if applicable) to site, the goods are the responsibility of the Customer
5.3 Should any works and/or alterations to goods be carried out by others, the Company (Tucks Windows Bendigo) responsibility for the goods performance ceases
5.4 Final cleaning down of the goods is the responsibility of the customer
5.5 Should there be any delay by either parties in the delivery and installation (if applicable) written communication should be provided
WARRANTY
6.1 Under Australian Consumer Laws, our (Company) goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you (Customer) are entitled:
- to cancel your (Customer) service contract with us (Company) and
- to a refund for the unused portion, or to compensation for its reduced value.
- You (Customer) are also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, you (Customer) are entitled to have the failure rectified in a reasonable time. If this is not done you (Customer) are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You (Customer) are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
6.2 Should the Customer become aware of any deficiency in the quantity or quality and/or find any damage to goods delivered or installed, they must contact the Company within 48 hours in writing and provide imagery to the Company of the suspected damages (where possible)
6.3 The Company has the right to inspect the alleged damages (either via visit, providing documentation to manufacturers for inspection or via imagery supplied). The Company will not be responsible for any damages or remedies as a result of abused, misused, installed incorrectly by those not the Company, altered or used for a purpose other than that for which was intended, howsoever cause (including but not limited to liability arising from negligence, breach of contract, whether fundamental or otherwise)
6.4 Should the goods provided by the Company be purchased as supply only, the Company is not responsible for any additional costs incurred related with incorrect installation
6.5 General wear and tear of elements of goods is not considered to be the responsibility of the Company
6.6 The warranty is void if the Customer provides incorrect measurements or specifications
6.7 The Company will not be responsible for any additional charges of hanging, painting or other charges arising from the replacement of goods or for the installation, removal, labour or other costs arising from the replacement of any goods or the provision of services
6.8 The Company is not liable hereunder to reimburse the Customer for goods repaired or replaced without the prior written consent of the Company. Only repairs and maintenance provided by the Company are covered by Warranty, unless otherwise agreed in writing
6.9 The Company has no liability to any Customer for the loss or damage of any kind whatsoever including without limitation, for any indirect or consequential loss (including loss of profits, business, revenue, opportunity, goodwill, or loss arising from any failure, breakdown, defect or deficiency in the goods and/or services) arising out of or in connection with the goods and/or provision of services provided by the Company
6.10 The Company accepts no responsibility for glass breakage (except for faulty workmanship or material – refer to .3)
6.11 It is expressly agreed that any variations in colour or texture of any material used in the goods shall not be a defect
6.12 The Customer is responsible for providing the goods to the Company for warranty claims, this is inclusive of any costs associated with the intended warranty work such as the hire of scaffolding and or hoisting if required