Terms and Conditions
Below are the terms and conditions should you choose to proceed with Elite Window Furnishings. Please ensure you have read over the Terms and Conditions and the Order carefully before signing. Subject to any terms implied by the law, the agreement includes the Terms and Conditions and the Order only, unless the Competition and Consumer Act 2010 can be applied. The quote is valid for fourteen (14) days.
A. Elite Window Furnishings rights and obligations
1. Elite Window Furnishings must ensure that the Product(s) are made to the specifications as set out in the Order. The Customer recognises and acknowledges that Elite Window Furnishings will ensure the Product(s) are square and the Customer cannot make any claim against Elite Window Furnishings if the frames and/or windows in which the Product(s) are installed are out of square.
2. Elite Window Furnishings will make every effort to ensure the estimated delivery time is achieved, however, Elite Window Furnishings is not responsible for any estimated delivery time given and is not liable for any delays in the estimated delivery time or delay in the agreed installation date. The Customer cannot make a claim against Elite Window Furnishings if either the estimated delivery time or agreed installation date are compromised.
3. Elite Window Furnishings will not be liable to pay any compensation for any delays of any nature.
4. The Product(s) remain the property of Elite Window Furnishings until the full payment of the Purchase Price has been received.
5. In the event of a discounted price on any Product(s) or Service(s), all payments must be made by the agreed due date. If all payments are not met by the agreed upon due date, Elite Window Furnishings has the right to claim and received from the Customer the full and undiscounted price of the Product(s) or Service(s).
6. If the trading terms are not met by the Customer, the debt will be passed on for collection. The Customer is liable for all expenses associated with the recovery of outstanding amounts. Outstanding expenses includes, but is not limited to, any legal fees on a full indemnity and interest charges.
7. If for any reason the Customer decides to withdraw an order after it has been placed and received by Elite Window Furnishings (and Elite Window Furnishings has agreed to cancel) a $100.00 admin fee will be applied, or 10% of the purchase price, whichever is higher.
8. Any changes made to the Order by the Customer (and Elite Window Furnishings agrees to) after the Order has been processed will incur a $75.00 admin fee.
9. If applicable, fulfillment of the order and price may be subject to change after a site check measure has taken place.
B. The customer’s rights and obligations
1. The Customer acknowledges that by signing the Order and/or paying the deposit price, the Customer has read and understood the Terms and Conditions as set out in the agreement and agrees to be bound by them.
2. The Customer must pay a deposit of no less than 50% (or any other agreed upon amount) of the Purchase Price to Elite Window Furnishings for the Order to commence.
3. If the Customer requests any variations to be made to the Order, the Customer may be subject to a new Purchase Price and must accept the new Purchase Price set by Elite Window Furnishings. All changes to the contract must be in writing.
4. The customer is obligated to pay the final amount owing to ELITE Window Furnishings prior to installation.
5. The Customer acknowledges that Elite Window Furnishings commences the manufacturing of Product(s) within 24 hours of the Order being signed. If the Customer wishes to cancel the Order after manufacturing has commenced, then the Customer forfeits the deposit and must pay the remaining balance in full.
6. Industry guidelines for faults can be found at Blind Manufacturers Association Australia. Imperfections not visible to the naked eye at a distance of 1.2 meters in natural daylight is acceptable http://bmaa.net.au/wp-content/uploads/2014/10/Industry-Guideline-Final.pdf
7. The Customer acknowledges that materials and components may vary to the product(s) shown due to variations during the manufacturing process.
8. The Customer acknowledges that Elite Window Furnishings cannot guarantee any colour or pattern match. Elite Window Furnishings is not liable for any disparities between the samples shown and the Product(s) ordered, and the Customer cannot make any such claims against Elite Window Furnishings. Elite Window Furnishings will do all it can within reason to ensure that the materials ordered match the samples shown and chosen by the Customer.
9. The Customer acknowledges that all Product(s) have tolerances and performance standards deemed acceptable by industry standards.
10. The Customer acknowledges that all Product(s) require regular maintenance and cleaning in accordance with any operating instructions provided to the Customer by Elite Window Furnishings. Failure to do so may void any warranty.
11. Once the Product(s) are ready for installation, the Customer must allow the appropriate access to Elite Window Furnishings to commence installation. This includes the removal of any and all existing window coverings and support brackets by the Customer, unless the Customer has elected for this Service(s) to be done by Elite Window furnishings at agreed upon Cost Price.
12. To provide for safe and adequate installation, The Customer must remove any furniture located where the Product(s) are to be installed prior to Elite Window Furnishing commencing installation.
13. The Customer is responsible for advising Elite Window Furnishings about the location of any water pipes, electrical cables, and any hazardous objects of any kind that may cause damage or injury to the property or an individual during, or as a result of, the installation. The Customer acknowledges that Elite Window Furnishings is not responsible and cannot be held liable for any damages caused as a result of the Customer failing to oblige by the requirements set out in paragraphs B10, B11, or B12 and may void any warranty. In addition, the Customer acknowledges that Elite Window Furnishings cannot be held responsible for sub-standard fixing points where the Product(s) are to be installed.
14. The Customer is required to pay the full balance as per the trading conditions on the Order/Quote. The customer does not own any Product(s) partially paid or installed until the final remaining balance is paid. Once the final balance has been paid, Elite Window Furnishings can store the product at no additional cost for up to three (3) months.