SUPPLY AND INSTALLATION TERMS
These are the supply and installation terms on which Fantastic Blinds & Shutters (ABN 42 634 046 905) (we or us or our) is willing to trade with the customers (you or your). These terms apply to your purchase order. Once you have signed your purchase order form, you have made an irrevocable offer that is capable of acceptance by us. Once we have accepted your offer, it will become a legally binding agreement between you and us and it cannot be unilaterally cancelled or altered by you. To the greatest extent permitted by law, any money that you have paid to us under these terms (including deposit and any other payments by instalments or by a lump sum) will not be refundable to you.
These terms override other terms or warranties that you may seek to impose. No variation or supplement to these terms shall be binding on us unless expressly accepted by us in writing. Additional terms may be set out in the order form. An additional term prevails if it is in conflict with these terms.
2. Price & product description
Product description set out in the order form or other means are for identification only and it is not a sale by description. All orders are made subject to these terms and stock availability. Prices are expressed in Australian dollars.
Each purchase order will be deemed to be your offer to purchase goods or services from us on these terms. No purchase order is binding on us unless we have accepted it in writing. All purchase orders are accepted subject to these terms.
4. Risk and ownership
At all times from the delivery date, our products are at your risk of loss or damage and you are responsible for their safe custody. You do not own any of our products we have delivered to you until all amounts that you owe us have been paid for in full. Until then, you must store and deal with our products in a way that they can be clearly identifiable as ours.
5. Delivery and installation
Delivery takes place when our products pass into your physical control or when ownership of our products has passed to you, whichever is earlier. The delivery and installation dates by us are our estimated dates only. We will make reasonable efforts to deliver our products to you and complete the installation as scheduled but we are not liable for any loss or damage if they do not happen as scheduled. We reserve the right to deliver or install our products under a purchase order by instalments. Failure by us to deliver any instalment will not entitle you to cancel the balance of your order.
This clause applies if we are required to install, maintain or remove our products at the installation address (premises) for any reason under these terms. If we notify you of a date to undertake such works, we will use reasonable endeavour to keep to that date. If we do not, we will undertake the work as close to that date as reasonably practicable. You warrant that you are the owner of the premises or we are permitted by the owner to enter the premises to undertake the works. When we come to attend to the works you must: (i) ensure that we are given lawful, safe, prompt and easy access to the premises; (ii) prepare the premises for our works. If in our opinion the premises is not suitable or ready for us to undertake the work, we may: (i) refuse to undertake the works and charge you any expenses we have incurred for attending the premises; or (ii) charge you an additional fee if we are required to repeat or attend to additional work.
You agree that if at any time you fail to comply with the payment terms or if you are in breach of these terms, we may at your costs enter any premises occupied or controlled by you where our products are located to remove our products and re-sell all or any of them. We are not liable to you if we take such action. You grant us an irrevocable licence to enter the premises to inspect or remove our products in your possession.
When we deliver our products to you, you must inspect them and report to us in writing any damage or incorrect supply within 48 hours of delivery or otherwise we may refuse any claim you may make if permitted by the law. Subject to the aforesaid, if our products are damaged when we deliver them to you, we may accept their return and replace them with equivalent goods or credit you with the money paid. Our products must be in its original packaging and proof of purchase must be supplied. If you have a dispute with us, you must notify us of your dispute in writing prior to the due date of your payment.
9. Overdue accounts
Any account which is not settled in accordance with the payment terms will attract interest at the rate of 15% per annum. Any discounts, rebates or other concessions are lost if payment is not made in time. If you are in breach of any of these terms, you agree that you are also responsible for all of our expenses we retain to recover the money you owe us. We may commence legal proceedings against you to recover any overdue account.
10. Security for payment
You charge all your right title and interest in any present or future real estate that you own with the performance of your obligations under these terms and you consent to the registration by us of a caveat against the title to such real estate to protect the charge created by these terms.
You agree that on our request, you will promptly do anything (including obtaining consents, amending these terms or executing any documents) to: (i) ensure that any security interest (as defined under the Personal Property Securities Act 2009 (Cth) (PPSA)) created under, or provided for by these terms attaches to the collateral that is intended to be covered by that security interest is enforceable, perfected, maintained and otherwise effective, and has the priority contemplated by these terms; (ii) enable us to prepare and register a financing statement or financing charge statement and exercise any of our powers in connection with any security interest created under, or provided by these terms; and (iii) to provide information requested by us in connection with these terms so that we can exercise our powers or perform our obligations under the PPSA. Both you and we will not disclose any information that is not publicly available of the kind referred to in section 275(1) of the PPSA except in the situation where section 275(7) applies. Any payments received by us from you will be applied in accordance with section 14(6) of the PPSA and you waive your rights to receive any notice under the PPSA (including a notice of verification statement) unless the notice is required by the PPSA and that requirement cannot be excluded.
Where our products supplied under these terms are not used by you predominantly for personal, domestic or household purposes you agree that: (i) we are under no obligations to dispose of or retain any of our products which we seize within a reasonable time under section 125 of the PPSA; (ii) following a default, neither you nor any other person have any rights to redeem our products under section 142 of the PPSA; and (iii) you have no rights to reinstate these terms following a default under section 143 of the PPSA. You will also waive your rights to receive: (i) a notice of our proposal to remove an accession under section 95 of the PPSA; (ii) a notice of our proposal to exercise our rights in accordance with land law under section 118(1)(b) of the PPSA; (iii) a notice of our proposal to dispose of any personal property under section 130 of the PPSA; (iv) details of the amounts paid to other secured parties in a statement of account provided by us under section 132(3)(d) of the PPSA; (v) a statement of account under section 132(4) of the PPSA; and (vi) a notice of our proposal to retain personal property under section 135 of the PPSA.
12. Replacement or money back
Other than for the liability we expressly accept under these terms, we exclude all other liability to the greatest extent permitted by the law whether to you or a third party for breach of contract, negligence or breach of any other law. For any liability that cannot lawfully be excluded, our liability is limited to resupplying or paying the cost of resupplying services or repairing, replacing or paying the cost of repairing or replacing goods. Our liability will be reduced to the extent the loss or damage is caused by you, your employees, agents or contractors. In no circumstances (except where the law requires) are we liable for special, indirect or consequential loss, even if you have advised us of any special circumstances.
Our products and services come with a voluntary warranty for their repair or replacement as detailed in the relevant warranty certificate if they are defective and the defect was not caused by you, your misuse, fair wear and tear or other factor outside our control. Our voluntary warranty is additional to any legal rights you may have including the consumer guarantee under the Australian Consumer Law (ACL). If the ACL applies to you, our products come with guarantees that cannot be excluded under that law. You are entitled to a replacement or refund for a major failure and compensation for reasonably foreseeable loss or damage. You could have the products repaired or replaced if the products fail to be of acceptable quality and the failure is not a major failure.
You must not assign any rights or benefits under these terms of trade unless you have obtained our prior written consent.
15. Beyond our control
We will not be responsible for any loss or damage arising from circumstances outside our control.
16. Governing law
These terms are governed by the laws of Victoria and you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria.
17. Whole agreement
These terms form the entire agreement on which we are willing to trade with you. All previous agreements we may have had with you are superseded by these terms.
If any of these terms are determined invalid, unlawful or unenforceable to any extent such term shall be severed from the remaining terms. The remaining terms shall continue to be valid to the fullest extent permitted by law.
In these terms unless otherwise indicated by the context: (i) reference to a party to a document includes that party's successors and permitted assigns; (ii) “including” and other similar words are not words of limitation; (iii) an agreement, deed, covenant, representation or warranty on the part of two or more persons binds them jointly and severally; and (iv) general words following words describing a particular class or category are not restricted to that class or category.
We respect your privacy. We are committed to protect your personal information. We collect personal information to assist us in providing you with our products.
We collect personal information from you in a number of ways: (i) directly from you; (ii) from our affiliated companies; (iii) from your representatives; (iv) from publicly available sources of information; (v) from credit-reporting and fraud-checking agencies and credit providers for credit related purposes; (vi) from our own records of your dealings with us; or (vii) when legally required to do so.
Your details will be added to our database, and will be used by us as necessary from time to time for our functions: (i) to identify you; (ii) in providing services to you; (iii) to provide you with information on either products and services offered by us; (iv) in undertaking risk assessment and management; and (v) in gathering data and disclosing data to third parties.
If you provide us with personally identifiable information, you may receive phone calls, emails or direct marketing containing promotional material. You agree to receiving emails from us including information not only on the areas of interest you have indicated but news and information on our other products. If you do not want to receive them, please contact us.
We may employ other companies or individuals to provide certain services such as analysing customer lists, providing marketing assistance or consulting services. These third parties may have access to information needed to perform their function but cannot use that information for other purposes.
We do not provide any personal information provided by you to any third parties other than to our affiliated companies or where required by law or as set out in this privacy statement. We will not sell, trade or rent your personal information to others.
We may provide aggregate statistics on our customers to third parties such as advertisers, but these statistics will include no personally identifying information. We co-operate with law enforcement agencies as required by law.
All reasonable steps are taken to correct the information we hold where that information is not accurate, up-to-date and complete.
All reasonable steps are taken to ensure that all information is treated confidentially, kept secure and protected against unauthorised use and is maintained only for the purpose for which it is intended.
You have the rights given by the Privacy Act 1988 as amended. You have the right to access your personal information and requests for information about our Privacy Statement are welcomed. Please contact our privacy officer with any queries.