1. In these conditions:
(a). “Seller” means Imaj Curtains & Blinds of 2/19-25 Somerton Road, Campbellfield VIC 3061 or its representatives, servants, agents or employees which is the supplier and installer of the good.
(b). “Buyer” mean the purchaser of the goods specified overleaf.
(c). “Goods” means the products and, if any, services specified overleaf.
(d). Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or to have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
2. These conditions, which can only be varied or waived in writing signed by both the Seller and Buyer, shall prevail in the case of any ambiguity.
Terms of Sale
3. The goods and all other products sold by Seller are sold on these terms and condition and acceptance of these terms and conditions.
4. Unless previously withdrawn, the Seller’s quotations are open for acceptance within the period stated in the quote or where is it not so stated, within 60 days from the date of the quote. The Seller reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.
5. All specifications drawings, dimensions and particulars relating to the supply and installation of the goods may not be exact and any variation from any of those things does not vitiate any contract with the Seller or form grounds for any claim against the Seller.
6. The descriptions, illustration and performance described in catalogues, price lists and other advertising materials do not form part of the contract of sale supply and installation of the goods or of the description applied to the goods.
7. Where specifications, drawing, dimensions and particulars are supplied by the Buyer, the Seller’s price is made on estimates of quantities required and any necessary adjustment will be made on a unit rate basis according to unit prices set out in this document or quotation and if no such unit rate is specified then that it shall be that unit price which is ordinarily charged by the Seller in respect of those goods.
8. The delivery period for supply and installation of the goods give by the Seller are estimates only and the Seller is not liable for any loss, damage, or delay occasioned to the Buyer arising from late delivery or late installation of the goods.
9. The Seller may deliver and install the goods to the Buyer installments.
10. If the Seller delivers any of the goods by installments, and any one of those installments is defective for any reason:
(a). It is not a repudiation of the contract of sale formed by these conditions; and
(b). The defective installment is a severable breach and must be remedied by the Seller; and
(c). It will not give rise to a claim against the Seller
11. The Buyer must comply and co-operate with the reasonable requests by the Seller to effect delivery and installation of the goods at a time which is suitable to the Seller.
12. The Seller reserves the rights to make a reasonable change for storage if delivery instructions are not provided by the Buyer within fourteen days of a request by the Seller for such instructions. The parties agree that the Seller may charge for storage from the first day after the Seller requests the Buyer to provide delivery instruction.
13. The Seller’s liability for goods manufactured by it is limited to the Seller making good any defects by repairing the defects or at the Sellers option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched and or installed so long as:
(a). The defects have arisen solely from faulty materials or workmanship;
(b). The goods have not been misused or received maltreatment, inattention or interference;
(c). Accessories of any kind used by the Buyer are manufactured by or approved by the Seller;
(d). The seals of any kind on the goods remain unbroken;
(e). The Buyer has not inappropriately interfered with any components of the goods, including any mechanical or cosmetic components;
(f). The defects are promptly notified to the Seller.
14. If the goods or any part of them are not manufactured by the Seller the guarantee of the manufacturer of those goods I accepted by the Buyer and is the only guarantee given to the Buyer in respect of the goods. The Seller agrees to assign to the Buyer on request made by the Buyer the benefit of any warranty or entitlement to the goods that the manufacturer has granted to the Seller under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.
15. The Seller is not liable for and the Buyer releases the Seller from any claims in respects of faulty or defective design of any goods supplied unless such design has been wholly prepared by the Seller and the responsibility for any claim has been specifically accepted by the Seller in writing. In any event the Seller’s liability under this paragraph is limited strictly to the replacement of the defective parts of the goods in accordance with Clause 13 these conditions.
16. Where permissible by law the Seller’s liability for a breach of a condition or warranty implied by Part V of the Trade Practices Act 1974 (other than Section 69) limited to:
(a). In the case of goods any one or more of the following:
(i). The replacement of the goods or the supply of equivalent goods;
(ii). The repair of the goods; or
(iii). The payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv). The payment of the cost of having the goods repaired; or
(b). In the case of services:
(i). Supplying of the services again; or
(ii). The payment of the cost of having the services supplied again.
17. The Buyer acknowledges that any liability that the Seller has to the Buyer in respect of any breach of a condition or warranty implied by the law into this contract is limited to the extent that the Buyer fails to act reasonably and agrees that it is not reasonable to the Buyer:
(a). Not to advise the Seller or a defect and give the Seller a reasonable opportunity to rectify the defect on the manner contemplate by clauses 16 (a)(i) &/or 16(b)(i):
(b). Not to warn the Seller in writing of any fact or circumstance know to the Buyer which might have the positional to increase any loss or damage suffered by the Buyer due to some defect occurring in the goods or the supply of them:
(c). To dispose of any goods found to be defective without returning them to the Seller makes for examination and possible repair or replacement; or
(d). To purchase other goods from another supplier to replace goods and services claimed to defective unless the Seller has first been given a reasonable opportunity to replace the goods or services and the Seller has failed to do so.
18. The Buyer selects the fabric, materials and layout at their own discretion. The Seller makes no representation in relation to the suitability, durability, hang or overall appearance of the fabrics and materials selected by the Buyer. The Seller denies and the Buyer accepts cannot make any claim against the Seller in respect of these aspects of the goods.
19. All of the Seller’s goods are made to fit in or on frames or feature that are straight and square. The Seller will not accept responsibility for the cost of respire, re-installation, modifications or remanufacture of goods that arise due to deviations from straight or square.
20. The Seller is requires to install the goods in accordance with any applicable Australia Standards and Manufacture’s specifications including those applicable to the fixing devices used. The cost of rectification or repair caused by doing so or resulting from an inability to comply with standards or specifications due to the condition or dimensions of the fixing points or any other works necessarily undertaken in order to ensure the installation is safe and secure in the responsibility of the Buyer and will be charged to the Buyer at the Seller’s usual rates.
21. It is the Buyer’s responsibility to ensure that all existing window fitting/furnishings are removed and any damaged as a result of the removal made good before installation of the goods by the Seller. If the Buyer does not comply with this condition a $300 attendance fee will be chargeable by the Seller.
Appearance of Goods
22. The Seller does not accept responsibility in the event that the Buyer insists on purchasing goods which may not be suitable for the use with the Buyer proposes or against the recommendation of the Seller.
23. Fabric colours may vary due to variations in dye batches, Swatch samples shown are representative only.
24. The Seller takes no responsibility for fading, colour change or other damage caused by solar or other heat or lighting sources.
25. The Buyer must pay a deposit equivalent to 30% of the total cost of goods ordered.
26. The Seller does not have to commence working on or preparing the goods until the full deposit is paid.
27. No order may be cancelled expect with the Seller’s consent in writing and on term which will indemnify the Seller against losses.
28. The Seller may charge the Buyer a cancellation fee sufficient to cover the costs that the Seller has incurred up to the time when the Buyer provides either written or verbal notice of cancellation.
29. The balance of the purchase price for the goods including GST in a manner acceptable to the Seller must be made on or before delivery and installation of the goods.
30. If payment is not made the Seller may refuse to install the goods and retain them until such time as payment is made. If the Seller has attends and payment is not made then the Seller has the right to charge an attendance fee of $300.
31. Interest will be charged in accordance with the Penalty Interest Rates Act on all accounts outstanding 7 days after due date for payment.
32. If the Buyer does not pay in accordance with these conditions then the Buyer will also be liable for any legal costs incurred by the Seller in recovering the debt.
Rights in relation to goods
33. The Seller has the following rights in relation to the goods until all accounts owed by the Buyer to the Seller are fully paid;
(a). The Seller remains the owner of the goods;
(b). The Seller can enter the Buyer’s premises (or the premises of any associate company or agent where the goods are located) without liability for trespass or any resulting damage (including physical damage as a result of removing the installed good) and retake possession of the good;
(c). The Seller can keep or resell any goods repossessed pursuant to sub-clause (b) above.
34. If the Buyer sells the goods or goods are reprocessed from them the Buyer must hold such part of the proceeds of any such sale as represents the invoice price of the goods sold or used in a separate identifiable account as the beneficial property of the Seller and must pay the amount to the Seller upon request. Notwithstanding the provision above the Seller is entitled to maintain an action against the Buyer on delivery.
35. The Seller is not under any duty to accept goods returned by the Buyer and will do so only on term to be agreed in writing in each individual case.
36. If the Seller agrees to accept returned goods from the Buyer under Clause 36 above then the Buyer must return goods to the Seller at the Seller’s place of business referred to at the head of these conditions.