SPOT ON BLINDS AND SHUTTERS STANDARD TERMS & CONDITIONS
These Standard Terms and Conditions (Terms) apply to all orders of Goods from Spot on Blinds and Shutters ABN 38 611 338 526 (Spot on Blinds and Shutters, we, us, our or Company). These Terms together with your order form a contract for the sale of the Goods. We will not be bound by any terms and conditions included in any purchase order, sales confirmation or other document or communication from the Client.
In these terms and conditions:
(a) “Client” (or “you”, “your”) means any person to whom we supply Goods under these Terms. (b) “ACL” or “Australian Consumer Law” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth). (c) “DIY” means Client orders where the Client will provide the measurements and handle installation of the Goods. (d) “Goods” means all products and goods supplied by Spot on Blinds and Shutters. (e) “Personal Property Securities Register”, “Purchase Moneys Security Interest”, “Security Agreement” and “Security Interest” each have the meanings given in the PPSA. (f) “PPSA” means the Personal Property Securities Act 2009. (g) “Quote” means the quote we provide to you setting out the cost and description of the Goods.
- Orders and Goods
2.1 All orders must be in writing and accompanied by a deposit of 50% of the price unless we agree otherwise. We may in our discretion accept or reject any orders.
2.2 There may be some colour variations in the Goods, if Blinds and Shutters are made from timber, aluminium or PVC. Likewise, separate orders, or Blinds and Shutters bought at different times, may have a variation in colour. Colours, patterns and weaves on our website are a guide only and small variations can occur.
2.3 From time to time our Goods may not be available in the colours you select. If this occurs and we are unable to fill an order, we will advise the Client as soon as we are notified. The Client may then: (a) choose another colour; (b) wait for the stock to come in; or (c) choose another colour from a different fabric range and pay the difference in price if it is a higher fabric quality.
2.4 You are responsible to ensure that you measure your windows or doors properly. If you supply the incorrect measurements for DIY orders, you will still be required to pay for the Goods and we will not be liable for any loss you might suffer.
2.5 You are responsible to ensure that all existing windows coverings are removed prior to installation, or a $15 per window charge will apply for removal.
2.6 You are responsible to ensure that all furniture is removed blocking access to windows prior to installation, or your Blinds and Shutters may not be able to be installed and you will need to make another appointment.
- Price and Payment
3.1 The price for the Goods will be as per our price list or your Quote as at the date of order. We may change the price for Goods at any time.
3.2 We will invoice you for the deposit amount following receipt of your order. We will invoice for the balance of the price of Goods once your Goods are ready for delivery.
3.3 Unless otherwise agreed by us in writing, payment for the Goods (less any deposit paid) must be made before we will deliver and install the Goods. Delays in payment may increase our standard installation times.
3.4 If the Client fails to pay in accordance with this clause, the Company may charge interest at 10% per annum, calculated monthly, on all overdue invoices, which shall be added monthly to your account. If we incur any legal, enforcement or other expenses in obtaining payment from a Client, the Client must reimburse those expenses.
3.5 If Goods are ordered by more than one party each party shall be jointly and severally liable for any amounts due.
3.6 Delivery charge may vary and will be added to the invoice after order is processed online. Orders will incur a delivery charge based on where the order is being delivered to and the weight and size of the items purchased.
4.1 We supply and install all Geelong, Surfcoast and Melbourne areas.
4.2 The Company will use all reasonable endeavours to deliver Goods in accordance with times stated on our website or in your Quote. However, we will not be responsible for non-delivery (except to return any deposit paid) or delay in delivery of any Goods, and where delay occurs, the Company may deliver the Goods delayed at any reasonable subsequent time and the Client must accept and pay for them.
4.3 We may charge reasonable storage and administration fees and/or require payment of a further deposit (if the full price has not yet been paid) if installation is delayed for any reason due to the Client or if the Client has requested installation more than 5 weeks after the Goods are ready for delivery (or failed to book installation within 5 weeks of the Goods being ready for installation).
4.4 Delivery times for blinds are 2-3 weeks and 6-8 weeks for shutters. The above turnaround times are a guide only. Times can vary due to stock availability, shipping and transport and the above stated manufacturing days are again a guide only and special occasions like Christmas and Easter can affect the product turnaround. All efforts are made to keep the turnaround times to the minimum standard.
4.5 Delivery charge may vary and will be added to the invoice after order is processed online. Orders will incur a delivery charge based on where the order is being delivered to and the weight and size of the items purchased.
We will endeavour to notify you as soon as possible of any delay or stock unavailability and we may offer an alternative product that may assist us meeting our standard turnaround times.
- Title and Risk
5.1 Should the Company elect to post any Goods or organise delivery of Goods, the Client’s risk of loss or damage to such Goods passes to the Client at the time the Goods leave our manufacturing facility or warehouse, and it is the Client’s responsibility to ensure these Goods are insured and covered for their time in transit.
5.2 Title to the Goods does not pass to the Client until the Goods have been paid for in full.
- Changes, Cancellations, Returns and Disputes
6.1 Other than orders for 14 Day Express Shutters, you may change your order within 24 hours, or cancel your order within 12 hours, of making payment of the deposit. Orders may not be cancelled or changed after this time unless we agree. Orders for 14 Day Express Shutters may not be changed or cancelled. We may charge reasonable administrative fees if you cancel or change your order.
6.2 If the Client claims that any Goods sold or services supplied by the Company are faulty or defective, or disputes the invoices the Company has issued, the Client must notify their reasons in writing to the Company within 14 days of the invoice date or the date of delivery (whichever is applicable), failing which the Client loses any right to dispute the quality of quantum of the Goods or services (unless the Goods are the subject of an express warranty or a consumer guarantee applies under the Australian Consumer Law).
6.3 We will charge a $110.00 service fee to attend a Client’s premises to inspect Goods that are the subject of a warranty claim. If the issue is covered under an express Spot on Blinds and Shutters warranty or a guarantee under the Australian Consumer Law, the service fee will be refunded. If the issue is not covered under an express Spot on Blinds and Shutters warranty or a guarantee under the Australian Consumer Law, the service fee will not be refunded and the Client will also be required to pay the costs of labour and parts.
6.4 We will charge a $110.00 cancellation fee if you cancel a booked installation within 72 hours of the booked installation date.
- Warranties and Limit of Liability
7.1 Spot on Blinds and Shutters offers warranties on our Blinds, plantation shutters, curtains and awnings (Warranty). Please read our full warranty policy (available on our website) for further details.
7.2 If the Client is a consumer under the ACL, the Client also has extensive rights under the ACL including consumer guarantees and remedies. Nothing in these Terms or the Warranty limits those rights and remedies in any way. The Client can obtain full details of consumer rights and remedies from the Australian Competition and Consumer Commission at www.accc.gov.au or from your local consumer protection agency.
7.3 If the Client is not a consumer under the ACL, we make no warranty that the Goods are fit for any particular purpose, or any other warranties, except those that cannot be excluded by law.
7.4 No warranties are given except as expressed in these Terms, in the Warranty, or under the ACL. Any representation, warranty or guarantee that might for any reason be implied into these Terms is excluded to the fullest extent permitted by law.
7.5 To the extent permitted by law, in no event shall our liability include consequential loss, or exceed the price of the Goods supplied by the Company and paid by the Client.
- Price Match Policy
If the Client obtains a written quote for Goods from a competitor, we will beat the quote by 5% (Price Match), subject to the following conditions:
(a) A lower price must be offered for an identical product, by a legitimate competing business with substantial infrastructure. The ‘Price Match’ policy will not apply to a lower price offered by a home or ‘backyard’-style business. (b) The competing quote must be an official quote on letterhead including an ABN, and a copy of the quote must be provided to the Company. (d) The ‘Price Match’ policy does not apply to raw materials, wholesale Blinds and Shutters, self-manufactured Blinds and Shutters, cut-down Blinds and Shutters, second hand Blinds and Shutters, DIY Blinds and Shutters, Client-installed Blinds and Shutters, Blinds and Shutters ordered online or Blinds and Shutters manufactured outside Australia. (e) Plantation Shutters we manufacture in Melbourne will not be price matched against overseas manufactured Plantation Shutters.
9.1 Amendment The Company may amend these Terms by notice to the Client. The amended terms will apply to all orders submitted after the date of notice.
9.2 Set-off (a) The Company may set-off any credit amount that the Company owes to the Client against any debt due by the Client to the Company at the Company’s sole discretion.
(b) The Client is not entitled to withhold payment of any money in respect of any alleged set-off or claim the Client might have against the Company.
9.3 Severance and Waiver If any part of these Terms is found to be void, unlawful, or unenforceable then that part will be deemed to be severed from the Terms and the severed part will not affect the validity and enforceability of any remaining provisions. Any waiver of the Company’s rights under these Terms must be in writing and signed by an authorised representative of the Company, and is effective only to the extent set out in the waiver.
9.4 Jurisdiction These Terms will be interpreted in accordance with the Laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the Victorian Courts.
9.5 Force Majeure We will not be liable for any breach of these Terms or failure to supply where such breach or failure is the result of an act of God, natural disaster, terrorism, war or any other occurrence beyond our reasonable control.
9.6 Delivery/Postage charge may vary and will be added to the invoice after order is processed online. Orders will incur a delivery charge based on where the order is being delivered to and the weight and size of the items purchased.