In these conditions “The Company” means Discount Aluminium Windows (Aust) Pty Ltd A C N 070 752 359 trading as ALL WEATHERWINDOWS. “The Customer” means that person, firm or organization to whom the goods and services are supplied.
ALL Weather Windows
Tel: 03 9580 2888 Fax: 03 9580 3077
We are pleased to submit this Quotation for your acceptance. It is your responsibility to ensure that the details contained on this Quotation are
accurate in every aspect before accepting this offer. Responsibility for accurate ordering rests entirely with you. All doors and windows supplied
need to be carefully installed and checked for squareness. The Company accepts no liability for faulty installation or for frames manufactured if
sizes or specification changes.
The company does not accept any responsibility for incorrect or inaccurate ordering.
Please check the Quotation carefully before accepting:
- 1. Are quantity sizes and handling of joinery is correct.
- 2. Are all frame sizes correct? Please check both “Frame Size” (overall aluminium) and stud opening size as they are different.
- 3. Is the glass correct on all windows and doors?
- 4. Are the reveal linings correct on each window, as they may differ around the building in different constructions methods.
- 5. Are the hand of all windows and doors correct? Do doors hinge or slide the correct way?
- 6. Do hinged and BiFold doors open IN or OUT? Diagrams on this quotation depict all units as being viewed from outside the building.
- 7. Hardware colour (locks, winders, handles, hinges and flush bolts) are black as standard for all products unless otherwise specified on this
quotation. Specially coloured hardware is more costly and take up to 5 weeks lead time for production.
COMPANY WORKSAFE POLICY
The Company has a strict OH&S policy to comply with Work safe Vic. Employees are not allowed to carry doors and windows where there is a
risk of injury. Heavy items will be unloaded and carried to the nearest storage point on the site, where the terrain is flat and accessible without
risk of injury.
When site glazing has been quoted, this is subject to access to the window or door to be glazed, being safely accessible to comply with Work
safe Vic standards and clear of obstruction.
- 1. Order
These terms and conditions form part of the sale contract between the Company and the Customer for the supply of goods or services by the
Company to the Customer formed upon acceptance of the order by the Customer. Any terms and conditions of the Customer’s order deviating
from or inconsistent with these terms and conditions, unless expressly agreed to in writing by the Company are expressly rejected by the Company and excluded.
- 2. Payment
All Payments are due in full 24 hrs. prior to the agreed accepted date of delivery. This also applies to any project where additional site works are
required (e.g. site glazing, installation) to be completed after delivery. If the acceptance of goods is delayed at the request of the customer the
company reserves the right to charge a storage fee for goods manufactured and held for more than seven days after the agreed accepted date on
this contract and the agreed accepted date of delivery payment date will remain unchanged. The company reserves the right to withhold the
certificate of glazing until payment has been made in full. At initial placement of order a non-refundable 30% deposit is required.
All payments are strictly 30 days and due on or before the agreed date. A tax invoice will be issued on the day of delivery. The company reserves the right to charge a storage fee for goods manufactured and held for more than seven days after the agreed accepted date on this contract. The company reserves the right to withhold the certificate of glazing until payment has been made in full.
Acceptable method of payment
For your convenience we accept Visa Card, Master Card, Bank Cheque, Electronic Bank Transfer and you can pay in person at our facility in Cash
- 3. Variation of order.
The Company will not accept any changes to the orderafter 48 hours of acceptance. All variations to the order after 48 hours of acceptance will
incur additional costs and there will be delays in delivery of the goods.
- 4. Default
Upon default in the payment of any money owing under the contract or breach of the contract by the Customer the Company may retain all monies
paid, cease further deliveries and recover damages for breach of contract including interest at a rate of 2% per annum plus the rate for the time being fixed by section 2 of the PenaltyInterest Rates Act 1983 is payable on overdue accounts.
- 5. Reservation of title for goods
(a) Until payment for the Goods has been made by the Customer, the Goods are merely entrusted to the Customer as fiduciary and the Company remains the legal and beneficial owner of the Goods with full power to resell and regain possession thereof in the event of the Customer’s default in payment of the purchase price.(b) Until payment in full of the purchase price, the Customer hereby acknowledges that the goods are not the property of the Customer, but remain the property of the Company. (c) The Customer shall not remove any markings or labels from the goods which may indicate that the goods are and remain the property of the Company. To the extent that the goods may be used in connection with any business conducted by the Customer, the Customer shall advise in writing any potential customer, purchaser or other third party that the goods are the property of the Company. (d) If the Customer defaults in payment of the purchase price, or the Customer becomes insolvent, the Company or its duly authorized servants or agents may at any time thereafter, without notice to the Customer, enter upon the Customer’s premises at which the goods are situated for the purpose of recovering possession of the same provided that, in the event that the goods shall have been sold or utilized by the Customer or built into any other products or disposed or stored in such a manner as to render the goods Irrecoverable or unidentified with the orders placed by the Customer, the cost of the goods and services shall forthwith be a debt due to the Company and recoverable by an action in law.(e) If the Customer receives any proceeds from the sale of goods from any other party, the Customer receives those proceeds on trust for the Company to be applied in payment of the purchase price for the goods and such proceeds shall be kept separate and dealt with separately by the Customer at all times until the purchase price has been fully paid to the Company.(f) In connection with the Company’s rights and remedies pursuant to these conditions and any other rights or remedies which may accrue to the Company, the Customer appoints the Company and its representatives as its attorneys to do all things, execute all documents and otherwise act in place of the Customer for the purposes of giving effect to these conditions and without limiting the forgoing, to recover possession of the goods and to recover the proceeds of the sale of the goods which may at any time be received or receivable by the Customer.(g) The continued operation of these terms and conditions shall not be affected by any repudiation or other termination of any contract or transaction relating to the goods between the Company and the Customer.
- 6. Limitation of Liability of the Company, its tradesmen and sub-contractors.
(a) To the extent permitted by law, no warranty, condition description or representation on the part of the Company is given or is to be implied from anything supplied, sold or written in the negotiations between the parties or their representatives, and any statutory or other warranty, condition, description or representation, express or implied as to the state, quality or fitness of the goods is hereby expressly excluded. Nothing herein shall derogate from or exclude any warranties or conditions implied by any statute, or other applicable law.(b) In the event that this contract constitutes a supply of goods or services to a customer defined in the Trade Practices Act 1974, as amended or similar State or Territory legislation (“The Acts’),nothing contained in this contract excludes, restricts or modifies any condition, warranty or other obligations in relation to this contract and the goods and services which, pursuant to the Acts, or any of them, is applicable or is conferred on the Customer where to do so is unlawful, in which event, the Company’s sole liability for breach of any condition, warranty or other obligations, including and consequential loss which the Customer may sustain or incur shall be limited (except to the extent specifically set forth therein) to: (i) the replacement of the goods and services; or (ii) the supply of equivalent goods or services; or (iii) the payment of the cost of replacing the goods or services or acquiring goods; or (iv) the repair of the goods or payment of the cost of having the goods repaired, as the Company may select; (c) The Company will not be liable for any failure to deliver the goods or services if the failure arises as a consequence of fire, embargo, strike, inability to acquire materials or labour or any other circumstance beyond the control of the Company.
- 7. Australian Standards
The Company warrants that the goods will comply with Australian Standards AS 1278 and AS 2047. The Customer agrees to notify the Company if it requires any variation to the Australian Standards.
- 8. Quality of goods and services
(a) The Customer shall inspect the goods immediately on delivery and within (7) seven days of delivery, give notice to the Company of any defect or allegation that the goods or services are not in accordance with the contract. If the Customer fails to give such notice within that time, the goods and services shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly.(b) Notwithstanding that any sample of the goods or services has been exhibited to and inspected by the Customer, it is agreed that such sample was so exhibited and inspected solely to enable the Customer to judge for himself of the quality of the goods or services and not so as to constitute as ale by sample. The Customer shall take the goods and services at their own risk as to their corresponding with the sample, or as to their quality, condition or sufficiency for any purpose. (c) The Customer having examined the goods, the Company will not be responsible for the quality or fitness for any purpose, and the Customer takes the goods on his own judgment as the result of such examination.
- 9. Warranty
The goods supplied will have the benefit of any warranty, as may be provided from time to time by the Company provided that the return of the goods or any part of them is in accordance with the Company’s installation and maintenance requirements and warranty; but the Company shall not be liable for any loss or damage either director consequential arising out of any defects from the design and use of the goods.
- 10. Indemnity
The Customer indemnifies the Company against any claim or loss arising fromor related to the contract or transaction between the Company and the Customer or anything arising there from or arising as a result of or subsequent to any breach of these terms.
- 11. Severance
In the event that any provision of this contract is or becomes void or unenforceable by reason of any provision or applicable law, it willbe deleted and the remaining provision of this contract will continue in full force and effect and, if necessary, be amended to give effect to the commercial
intentionof the parties.