1. Acceptance
1.1 These Terms and Conditions apply to every quotation, order and sale made by Affordable Shutters and Blinds (“the Company”).
1.2 Acceptance of a quotation, payment of a deposit, electronic acceptance or allowing the Company to commence work constitutes acceptance of these Terms and Conditions.
2. Quotations
2.1 All quotations remain valid for ninety (90) days unless otherwise stated.
2.2 Quotations are based on measurements taken at the time of inspection.
2.3 Any changes requested after acceptance may result in additional charges and revised lead times.
3. Deposit
3.1 A deposit equal to 50% of the total quoted price is payable immediately upon acceptance of the quotation.
3.2 No order will be placed with our supplier until the deposit has been received in cleared funds.
3.3 Production time does not commence until the deposit has been received.
3.4 The Company reserves the right to cancel any order where the deposit has not been paid within a reasonable time.
4. Custom Manufactured Products
4.1 All shutters, blinds, curtains and associated products supplied by the Company are manufactured specifically for the Buyer’s property.
4.2 Once manufacturing has commenced, the order cannot be cancelled without the Company’s written consent.
4.3 Deposits are non-refundable because products are custom made to the Buyer’s specifications.
4.4 Where cancellation is accepted before manufacture commences, the Company may deduct all costs already incurred including administration, measuring, supplier charges and merchant fees.
5. Lead Times
5.1 Any delivery or installation time provided by the Company is an estimate only.
5.2 The Buyer acknowledges that manufacturing and delivery timeframes may change due to circumstances outside the Company’s reasonable control including but not limited to:
- manufacturer production schedules;
- freight delays;
- shipping delays;
- customs clearance;
- port congestion;
- supplier shortages;
- industrial action;
- weather events; or
- other unforeseen events.
5.3 Such delays do not constitute a breach of contract.
5.4 The Buyer is not entitled to cancel the contract, refuse payment or claim compensation or damages because of these delays.
6. Installation
6.1 Once products arrive at the Company’s warehouse, the Company will contact the Buyer to arrange installation.
6.2 Installation dates are subject to availability and may change due to weather, staff illness or other operational requirements.
6.3 The Buyer agrees to provide safe and unrestricted access to the installation area.
6.4 The installation area must be clear of furniture, valuables and obstructions unless otherwise agreed.
6.5 Additional labour required because access has not been provided may be charged to the Buyer.
7. Final Payment
7.1 The remaining balance is due before installation or no later than the date of installation.
7.2 The Company may require payment prior to attending site.
7.3 The Company reserves the right to postpone installation until payment has been received in full.
7.4 Ownership of all goods remains with the Company until payment has been received in full.
8. Retention of Title
8.1 Legal and beneficial ownership of all goods remains with Affordable Shutters and Blinds until the Company has received payment in full.
8.2 Until ownership passes, the Buyer must not sell, dispose of or otherwise deal with the goods.
8.3 The Company reserves all rights available under the Personal Property Securities Act 2009 (Cth).
9. Storage
9.1 Where products have arrived and the Buyer delays installation for more than fourteen (14) days after being notified that the goods are available, the Company may charge reasonable storage fees.
9.2 The Company may also require full payment before continuing to store the products.
10. Variations
10.1 Any variation requested after acceptance of the quotation must be approved by the Company.
10.2 Variations may result in:
- additional charges;
- revised manufacturing times;
- new installation dates; and
- cancellation of previously ordered products.
11. Defects and Claims
11.1 The Buyer must inspect the installation immediately upon completion.
11.2 Any defects or concerns must be notified to the Company in writing within seven (7) days.
11.3 The Company must be given a reasonable opportunity to inspect and rectify any genuine defects.
11.4 Nothing in these Terms excludes the Buyer’s rights under the Australian Consumer Law.
12. Warranties
12.1 Installation workmanship is warranted for twelve (12) months from installation unless otherwise stated.
12.2 Manufacturer warranties apply to products supplied and are subject to each manufacturer’s warranty conditions.
12.3 Warranty does not cover:
- accidental damage;
- misuse;
- abuse;
- failure to follow care instructions;
- normal wear and tear;
- fading due to sunlight;
- movement or settlement of buildings;
- unauthorised alterations or repairs.
13. Existing Conditions
13.1 The Company is not responsible for damage caused by hidden wiring, plumbing, asbestos, brittle wall finishes, existing structural defects or latent conditions that could not reasonably have been identified before installation.
13.2 Minor paint cracking, plaster movement or cosmetic damage may occur during installation and does not constitute defective workmanship where reasonable care has been taken.
14. Access and Delays
14.1 If installation cannot proceed because the Buyer is unavailable or the site is not ready, the Company may charge a reasonable call-out or re-attendance fee.
15. Photography
15.1 The Buyer authorises the Company to take photographs of completed installations for quality assurance, marketing and social media purposes.
15.2 No personal information or identifying details will be published without consent.
16. Default
16.1 Overdue accounts may incur interest at a reasonable commercial rate together with recovery costs permitted by law.
16.2 The Buyer agrees to pay all reasonable legal and debt recovery costs incurred in recovering unpaid amounts.
17. Limitation of Liability
17.1 To the extent permitted by law, the Company’s liability is limited to repairing, replacing or refunding defective goods or services.
17.2 The Company is not liable for indirect, consequential or economic loss arising from delays or events beyond its reasonable control.
18. Australian Consumer Law
18.1 Nothing in these Terms excludes, restricts or modifies any rights or guarantees available under the Australian Consumer Law.
19. Governing Law
19.1 These Terms are governed by the laws of Western Australia.
19.2 The parties submit to the exclusive jurisdiction of the courts of Western Australia.