Terms and Conditions

BLINDS BY DESIGN (FORMERLY DESIGNING WINDOWS BATHURST)

119A BENTINCK STREET, BATHURST, 2795 NSW

This is a legal agreement between you (“the Customer”), and Narula Pty Ltd trading as Blinds by Design ABN 48 426 702 036 (“the Supplier”). CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCEPTING , OR OTHERWISE INSTRUCTING US TO PROCEED WITH YOUR ORDER. DOING SO INDICATES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

This product is covered by a manufacturer’s warranty. This warranty is in addition to and sits alongside any rights already covered by current consumer guarantees, which cannot be excluded. It provides you with additional peace of mind in the purchase of this product.

We recommend that you immediately inspect the product that we provide to you, to ensure that the product is of acceptable quality and matches the description we provided to you. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.

1. PRELIMINARY

1.1 These Terms and Conditions, as amended from time to time:

1.1.1 are incorporated into all Agreements, other than Agreements on credit terms, for the supply of goods or services by the Supplier to the Customer. (“the Agreement”)

1.1.2 supersede any previously issued terms and conditions, including those contained in any order form unless they have been approved in writing by the Supplier.

1.2 In the event that the whole or any part or parts of any clause in the Agreement is found to be unenforceable by a Court then such clause or part thereof shall be to that extent severed from these Terms and Conditions without effect to the validity and enforceability of the remainder of these terms and conditions.

2. SALE OF GOODS AND SERVICES

2.1 In consideration of payment by the Customer to the Supplier of the amount specified in the order form (“the Price”) in relation to each of the goods and services, the Supplier sells and the Customer buys the goods and services on the terms and conditions of the Agreement.

3. PLACEMENT AND ACCEPTANCE OF ORDERS

3.1 Any attendance by the Supplier, or its agents or employees, at the Customer’s residence or premises was/is pursuant to the Customer’s prior invitation.

3.2 The manufacturing process will only commence after the Supplier has received the order from the Customer. The Supplier receives an order when the Customer executes the order form or otherwise instructs the Supplier to proceed with the order as specified in the order form, and/or pays the deposit specified by the sales consultant.

3.3 The Supplier may decline any order received from the Customer by written notice to the Customer within three (3) days of receipt of the order by the Supplier.

3.4 The Customer acknowledges that Blinds by Design will normally commence the manufacturing process of the Window Furnishings within 24 hours of this Order being signed. If the Customer cancels the Order after Blinds by Design commences manufacture, then the Customer forfeits the deposit referred to in clause 5.2 and must pay the balance.

3.5 The Customer may only vary the Order if the Customer and Blinds by Design are able to agree on a new Purchase Price for the Window Furnishings. Any variations to the contract must be in writing. Variations will only occur before the manufacturing process has begun.

3.6 The Customer acknowledges that materials can be liable to variations in weave and colour due to differences between production runs. While Blinds by Design must do all it reasonably can to ensure that the materials used for the Window Furnishings matches the sample chosen by the Customer, the Customer acknowledges that Blinds by Design does not promise a colour or pattern match and the Customer must not make any claim against Blinds by Design where any such variations occur.

3.7 The Customer acknowledges that all Window Furnishings must be maintained with regular cleaning and maintenance and operated in accordance with any operating instructions provided by Blinds by Design or its contractors. Failure to do so may void the Guarantee, referred to below.

3.8 The Customer acknowledges that all PVC, Polystyrene and timber products are subject to movement, which exhibits itself in the form of bowing, twisting and general movement as environmental changes take place. The amount of this movement and the duration of its distortion are subject to the orientation of the window, the longitude and latitude, time of day, season, temperature, shading and quality of glazing used in the window and no claims or actions can be made or taken against Blinds by Design for such movement, bowing, twisting and general movement.

3.9 The Customer must do all that the Customer reasonably can do to agree to the earliest mutually convenient date for the Window Furnishings to be installed. Prior to the agreed installation date, the Customer must remove any existing window coverings and support brackets, unless the Customer has elected to pay for this service. Any furniture located where the Window Furnishings are to be installed must be moved. On the agreed installation date, the Customer must give the installer safe and adequate access to where the Window Furnishings are to be installed. Before the installer begins work, the Customer must inform the installer of the location of any water pipes, electrical cables or any other potential hazard of any kind that may cause damage or injury to people or property during or as a result of the installation of the Window Furnishings. In addition, the Customer acknowledges that Blinds by Design cannot accept responsibility for sub-standard fixing points where Window Furnishings are to be installed.

3.9.1 Whilst every care will be taken when installing products, no responsibility will be accepted for any damage to premises or interruption to services where such damage or interruption is a result of circumstances beyond the control of Blinds by Design.

3.9.2 Blinds by Design accepts no responsibility for changes to window frames or measurements after Blinds by Design has measured the specified window and goods have been manufactured. Any costs incurred to remake goods will be passed directly on to the consumer.

4. DELIVERY/COLLECTION/INSTALLATION

4.1 The Customer must elect to either:

4.1.1 have the goods delivered (“Delivery Order”), in which case delivery of goods to the Customer occurs when they are dispatched from the Supplier’s premises;

4.1.2 collect the goods from the Supplier (“Collection Order”), in which case delivery of goods to the Customer occurs when the Customer takes possession of the goods; or

4.1.3 have the goods installed by the Supplier (“Installation Order”), in which case delivery of goods to the Customer occurs when the goods are installed by the Supplier.

4.2 In relation to Delivery Orders and Installation Orders the Supplier reserves the right to make and/or approve any arrangements regarding the transportation of the goods from the Supplier to the Customer, and nominate the transportation service to be used. Additional fees, as specified in the order form, may be charged by the Supplier for the packaging, transportation and installation of the goods.

4.3 In relation to Collection Orders a packaging fee will be charged where other than the Supplier’s ex-factory wrapping is required. Within seven (7) days of receiving notification from the Supplier that an order is ready for collection, the Customer must remove the order from the Supplier’s premises.

4.4 Although the Supplier shall use reasonable endeavours to carry out its obligations under the Agreement as soon as reasonably practicable, any delivery dates and times, and any usual manufacturing times, made known to the Customer are estimates only. If any such estimates are exceeded, the Customer is still bound by the terms of the Agreement.

4.5 If the Customer delays or defers their delivery or installation date more than 30 days they will be liable for the full payment including a five percent (5%) fee of the total Purchase Price which will be added to each 30 day period of goods being held in storage.

4.6 In relation to Delivery Orders, the goods will be dispatched to an address or addresses nominated by the Customer. If the Customer is not present at the specified address for delivery, then the Supplier may unload the goods at that address and the goods shall be deemed to be received by the Customer and the Supplier shall not be liable for any claims, costs or losses suffered by the Customer.

4.7 Delivery and/or Installation of products may be made by instalments. Each instalment will be treated as a separate delivery/installation for the purpose of this clause 4 and clause 5.

4.8 Additional fees will be charged to remove existing blinds.

4.9 Installation of window coverings above 3 metres are subject to special Guarantee conditions and chargers will be incurred for high ladders, safety equipment and scaffolding.

5. PAYMENT

5.1 Unless stated otherwise the Price is inclusive of GST.

5.2 Upon placing an order, the Customer must pay to the Supplier the amount of the deposit specified by the sales consultant. Orders above $15,000 are subject to 75% deposit and 25% upon notification of the installation date. Orders up to and including $15,000 are subject to 50% deposit and 50% upon notification of installation date.

5.3 The Customer shall pay the Supplier interest on any amount due and not paid by the Customer within 30 days of installation at the rate of 15% per annum calculated on daily balances from date of installation.

5.4 A statement in writing signed by any director, secretary, administration manager or accounts manager of the Supplier stating the balance of the moneys due to the Supplier by the Customer shall be prima facie evidence of the amount of indebtedness of the Customer to the Supplier at the date of that statement.

5.5 In the event that a discount is given, if full payment of the discounted price is not received by the due date, Blinds by Design has the right to claim and receive from the Customer payment of the full and undiscounted price.

6. PASSING OF TITLE AND PASSING OF RISK

6.1 Title to the goods shall remain with the Supplier until payment in full has been received. If payment in full is not made pursuant to clause 5, the Supplier shall have the right, with or without prior notice, to recover possession of the whole or any part of the goods (and the Customer agrees that the Supplier may enter any premises occupied by the Customer to satisfy that purpose) without prejudice to other rights and remedies.

6.2 Risk in each order passes to the Customer upon delivery of that order to the Customer pursuant to clause 4.

7. FREE SERVICE WARRANTY

7.1 Subject to clauses 7.3 and 7.4 the Customer may during the Free Service Warranty Period request that the Supplier conduct routine services on, and perform maintenance on, the goods free of charge. All products not installed by the Supplier will need to be brought back to the factory by the Customer for work to be carried out.

7.2 Following the expiration of the Free Service Warranty Period (12 months from installation date), if the Customer requests that the Supplier conduct services on, or perform maintenance on the goods, the Supplier will charge a Service Call Out Fee of no less than $150. Removal and Re-Installation Fee of $180 plus any additional repair costs for all goods returned to the manufacturer for repairs.

7.3 Any goods needing to be returned to the manufacturer for repair must be clean and free from dust and mold before returning to Blinds by Design either by delivery or collection.

7.4 The Supplier shall not be liable under clause 7.1 unless the goods have been paid for in full by the Customer pursuant to clause 5, at the agreed sale price.

7.5 The Free Service Warranty Period in relation to the goods commences upon the delivery of the goods pursuant to clause 4, elapses one (1) year following that date.

7.6 Title in any replaced goods shall vest in or remain with the Supplier.

7.7 Any attempts to repair, alter or adjust a Blinds by Design product by an unauthorised person will deem this warranty null and void.

7.8 Recommended industry guidelines for faults can be found at the following link Industry Guidelines for the Blind Manufacturers Association of Australia. Imperfections not visible with the naked eye in natural daylight at a distance of 1.2 metres is acceptable.

8. TERMINATION

8.1 Without limiting the generality of any other clause in these Terms and Conditions, the Supplier may terminate the Agreement immediately by notice in writing if:

8.1.1 the Customer is in breach of any term of these Terms and Conditions;

8.1.2 the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;

8.1.3 the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;

8.1.4 the Customer, being a natural person, dies; or

8.1.5 the Customer ceases or threatens to cease conducting its business in the normal manner

8.2 If notice is given to the Customer pursuant to clause 8.1:

8.2.1 the Supplier may, in addition to terminating the Agreement, repossess the goods if payment is not complete;

8.2.2 the Supplier is entitled to charge the Customer for the value of the work completed by the Supplier up to the date of termination and may retain any moneys already paid by the Customer for any such work;

8.2.3 the Supplier shall be regarded as discharged from any further obligations under these Terms and Conditions; and

8.2.4 the Supplier may pursue any additional or alternative remedies provided by law.

9. CANCELLATION

9.1 Cancellations must be given in writing only.

9.2 If processing of the order has commenced – the Supplier is entitled to charge the Customer for the full value of costs incurred by the Supplier up to the date of cancellation.

9.3 If the goods have been delivered pursuant to clause 4 – the Customer is not entitled to return the goods.

9.4 If manufacture of the goods has commenced – the Customer is not entitled to a refund of any deposit paid in relation to any of the goods, and remains liable for actual costs incurred by the Supplier to the extent that they exceed the deposit.

9.5 The Supplier must be notified of any cancellations in writing as soon as possible, but in any event, before delivery of the goods pursuant to clause 4.

9.6 If manufacture of the goods has commenced – the Supplier may, at its sole discretion, charge the Customer a cancellation fee of 80% of the Sale Price of the goods.

10. LIABILITY OF THE SUPPLIER

10.1 Nothing in these Terms and Conditions is intended to exclude, restrict or modify rights which the Customer may have under the Trade Practices Act 1974 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement. If under any law, any terms which apply to the supply of goods or services under the Agreement cannot legally be excluded, restricted or modified then those terms apply to the extent required by that law. All terms which would otherwise be implied are excluded except as stated in the Agreement.

10.2 To the extent permitted by law the Supplier’s sole liability for any breach of any term is limited:-

10.2.1 In the case of goods supplied by the Supplier, to any one of the following as determined by the Supplier :-

10.2.1.1 The replacement of the goods or supply of equivalent goods;

10.2.1.2 The repair of the goods;

10.2.1.3 The payment of the cost of replacing the goods or acquiring equivalent goods;

10.2.1.4 The payment of the cost of having the goods repaired;

10.2.2 In the case of services supplied by the Supplier, to the supply of the services again, or to the payment of the cost of having the services supplied again.

10.3 The Customer does not rely on any representation, warranty or other term made by or on behalf of the Supplier which is not set out in the Agreement.

10.4 Subject to clause 10.2, the Supplier is not liable for any damage, economic loss or loss of profits whether direct, indirect, general, special or consequential:-

10.4.1 Arising out of a breach of an implied or expressed term; or

10.4.2 Suffered as a result of the negligence of the Supplier or its employees or agents; apart from liability as set out in this clause.

11. JURISDICTION & PROPER LAW

11.1 These terms and conditions shall be governed by and construed in accordance with the laws of the State of New South Wales. The Parties submit to the exclusive jurisdiction of the Courts in New South Wales and agree that proceedings may be commenced in any court in Sydney and consent to that court having jurisdiction by virtue of this clause notwithstanding that the court would not have such jurisdiction without this consent.

12. FORCE MAJEURE

12.1 The Supplier shall not be liable for any delay or for the consequences of any delay in performing or failure to perform any of its obligations under the Agreement if such delay is due in full or in part to any cause whatsoever beyond its reasonable control. Such delay or failure shall not constitute a breach of the Agreement and the Supplier shall be entitled at its option to either extend the time for delivery or performance for a reasonable period or to determine the Agreement without any recourse by the Customer to any claim for damages.