1. Goods: for the purpose of this document, the words “GOODS” shall mean all goods and chattels, all charges for labour or hire, all fees, service charges, materials and any other charges of whatsoever nature associated with the manufacture, supply, construction, repair or any other work done or goods supplied for, or on behalf of the Customer and all the terms and conditions shall relate to any charge herein imposed by the Company to the Customer.
2. Orders: All orders placed with Baywest Blinds & Shutters (the Company) shall be subject to the following Conditions of the Sale unless otherwise agreed in writing. Any order issued in writing on behalf of a Customer by an employee or agent of the Customer shall be deemed as issued with the authority and the permission of the Customer.
3. Payment: Payment for the goods shall be strictly C.O.D. excepting where a trade account exists in which case payment must be made in accordance with the terms of that trade account. Where the Customer has requested a specific delivery date and the goods are available for delivery on or after that date, the company reserves the right to demand payment in part or in full at that time. In the case of account holders the agreed period of credit begins from the day the goods are available for delivery.
4. Non-payment: If the Customer fails to pay for goods by the due date, then all monies due to the Company shall immediately become due and payment shall be made by the Customer within seven (7) days of that date and the Company shall be entitled to charge interest at the Company’s bankers overdraft rate on all overdue accounts from that date until the date of full payment. In addition, the Customer shall pay any expenses, costs or disbursements incurred by the Company in recovering any outstanding monies from the Customer, including debt collection fees and all legal & court costs.
5. Date of Delivery: Any delivery date nominated by the Company is not binding upon the Company and is provided in good faith, having regard to existing conditions such as availability of materials. Unless agreed to in writing to the contrary the Company shall incur no liability whatsoever to the Customer for failure to effect delivery or installation by the specified date no matter how such failure may have been caused, even with respect to negligence.
6. The Company may at its option without notice to the Customer, suspend a delivery of goods to the Customer, if any invoice remains unpaid by the Customer after the date due for payment.
7. Delivery: The Company may hold (for a maximum of 14 days) all goods ready for delivery at the Company’s premises at 7/9 Griffin Drive, Dunsborough, Western Australia, or at such other place or places at which the Company conducts business. Possession and liability for the goods shall pass to the Customer at the time the goods are loaded onto the vehicle which is to commence delivery of the goods and the goods shall then be at the Customer’s own risk in all respects. At the Company’s discretion, goods held for any period beyond 14 days may be subject to a storage fee.
8. Upon delivery as set out in 7. All goods shall be at the insurable risk of the Customer and there shall be no obligation whatsoever upon the Company to arrange on behalf of the Customer any insurance cover for the goods.
9. Repair & Warranty: All fabric and hardware are covered by a 3 year return to base warranty, from the date of invoice. Motors are covered for a period of 5 years from the date of invoice. Unless otherwise stated in writing the warranty does not cover the cost of removal, re-installation or transportation costs. Expressly excluded are any faults, or failures that are the result of fire, tempest, Act of God or any intentional reckless or negligent act of omission or commission on the part of the Customer or any person or entity interfering with the products, or installation in any manner whatsoever, (Whether with or without the knowledge of the Customer) wherein the reasonable opinion of the Company such fault or failure would not have occurred in the absence of such event, act omission or interference. Pursuant to this warranty the Company agrees to repair, or at the option of the Company, to replace products free of charge during the period of warranty and thereafter at the Company’s standard charge rates for labour and materials.
10. Return of Goods: The Customer shall not be entitled to return any goods pursuant to any order without the prior written consent of the Company,which may be withheld in its absolute discretion.
11. Governing Law: These Terms and Conditions of Trading shall be governed by and construed in accordance with the law for time being in force in Western Australia and the Customer and the Company shall be deemed to have submitted to the jurisdiction of the courts of that state in respect of any dispute relating to these conditions of sale or otherwise.
12. Timber Products: As a natural product, variations in the finished appearance of non-painted timber products must be expected. Whilst we endeavour to provide shades to suit customer’s preferences, we cannot guarantee it, since perceptions of acceptable shade and grade etc. are a subjective and highly individual matter. Consequently we do not accept returns based on shade, colour or grain.
13. Exclusion of Other Conditions: The goods are sold by the Company only on the Terms and Conditions of Trading set out above, to the exclusion of anything to the contrary in the terms of the Customer’s order and cannot be superseded, overridden or varied in any way other than in writing by the Company.