Terms & Conditions
Unless otherwise stated:
- A reference to this document or another instrument includes any variation or replacement of any of them;
- The singular includes the plural and vice versa;
- A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- A person includes any type of entity or body or persons, and the executor, administrator or successor-in-law of the person;
- The words “include” or “including” and any variation of those words must be read as if followed by the words “without limitation”;
- Headings are for convenience only and do not affect the interpretation of this Contract.
Terms in this Agreement
Acceptance Date means the date you sign the Details;
Business Day means a day that is not a Saturday, Sunday or public holiday in the capital city of the State or Territory of the Work Site;
Cost means the charges and fees described in this Contract;
Delivery Date means the later of the estimated commencement of Works as shown on the Details, and the actual date the Products are delivered to the Work Site, or the actual date the Work is commenced;
Details means the specifications in the “Contract of Work”;
Economic Loss means any loss or damage or liability or expense which is not directly incurred as a result of a breach of this Contract, and includes financial loss, loss of profits, and consequential loss;
Laws means all relevant Acts, regulations, codes, procedures, other statutory instruments, licences and laws applicable to the sole and supply of Products and Services to you at the Work Site. These include the Competition and Consumer Act 2010 (Cth), the Australian Consumer Low, and the Privacy Act, 1988 (Cth);
The Smart Blinds Co means any of the companies referred to at the top of the Details, and any other related body corporate pursuant to the Corporations Act 2001 (Cth);
Products means the goods identified in the Details;
We and Us means the company which is checked at the top of the Details, and if no company is checked, means the company which is operates in the State or Territory where the Work Site is located.
Work means the goods and services described in the Details, including all supply and installation of Products.
Work Site means the premises specified in the Details;
You and Your means you, the customer and owner of the Work Site.
This Contract comprises the Details overleaf and these Terms and Conditions.
When this Contract starts and ends
This Contract starts on the Acceptance Date and continues until you or we end it. For information about how this Contract can end, see clauses 3 and 4.
We will do the Work on the Delivery Date, which will either be:
- The end of the cooling off period;
- A later date as agreed by you and us.
The estimated date of commencement quoted overleaf is an estimate only of the Delivery Date.
We’ll do our best to meet that date but we cannot always guarantee it.
Cooling off Period
You can cancel this Contract during the 10 Business Day cooling off period.
The cooling off period starts from the later of the day after:
- The Acceptance Date; or
You receive this Contract and the customer disclosure statement provided to you with these Terms and Conditions You can cancel during the cooling off period even though you have signed this Contract or agreed to it over the phone, in writing or online.
Ending this Contract
After the cooling off period has expired, this Contract can only be terminated:
- By agreement between you and us;
- If we vary this Contract and you don’t accept the variation;
- If one of us breaches a term of this Contract, then the other may end this Contract by sending a written notice to the breaching party.
If the Contract is not terminated in one of these ways, then the Contract will continue until after we have performed all our obligations to you, and you have paid the Costs to us.
We will supply the Products and perform the Work as specified in the Details. We will comply with relevant legislation, codes, standards and specifications that the Products and the Work are required to comply with under Law.
What you have to pay
You must pay us the Costs. The Costs include:
- Amounts for the Products, as shown in the Details overleaf.
- Amounts for the Work as shown in the Details overleaf.
In some circumstances, you must also pay us the other amounts described below:
- Any reasonable costs that we incur for performing the Work or supplying Products, if you cancel this Contract after the Acceptance Date.
- If you breach this Contract, any reasonable costs we incur as a result of that breach. For example, if you fail to pay the Costs when due, then we may charge you interest at a rate which is 2% above the rate charged by our bank on overdrafts above $100,000, or we may engage solicitors or debt collectors whose reasonable fees we will claim from you.
Invoicing and payment
The Details specify how and when the Costs must be paid by you. If the Details do not say anything about this, then:
- You must pay a deposit of 50%, or a lesser amount if required by the Law of the place where the Work Site is located;
- The balance is due on when the Work is complete.
The Work is complete when it is finished in accordance with this Contract and free of apparent defects.
Ownership in the Products remains with us until you pay the Costs.
If the Products have been installed but you have not paid the Costs, then
- You hold the Products as bailee and agent for us.
- If the Products are on-sold by you before full payment to us is made, you hold the proceeds of sale on trust for us pending such full payment.
- We must be allowed reasonable access to the Work Site between the hours of 9am to 5pm to inspect the Products, and if any monies are still unpaid, to retake possession of them in accordance with this Contract. We will give you 48 hours’ notice of these actions.
- Provide safe, convenient and easy access at the Work Site for us and our workers and sub-contractors.
- Move all motor vehicles, children’s toys and outdoor furniture from the Work Site while the Work is in progress. You acknowledge there are risks of splashing or damage when performing the Work even when we take all reasonable precautions.
- Keep all children, pets and visitors away from the Work Site at all times while the Work is in progress.
- Supply all electricity and water that we may need to complete the Work, at your own expense.
- Repair any pre-existing rotten, insecure or unstable infrastructure at the Work Site. If you engage us to do this for you, additional Costs will apply and this Contract will be varied accordingly.
You must also take reasonable steps to limit any loss or damage you suffer in connection with this Contract.
Events beyond your or our control
In this Contract, “Force Majeure” means any event or circumstance occurring after the Acceptance Date that:
- Is not within our reasonable control;
- Could not be prevented, overcome or remedied by the exercise of reasonable effort by us; and
- Results in us being unable to perform our obligations under this Contract.
We will be excused for not meeting or performing our obligations during the time and to the extent that Force Majeure prevents us from doing so. We must:
- Try to remove, overcome or minimise the effects of Force Majeure as soon as we can; and
- Give you prompt notice.
You acknowledge that there may be slight variances in colour or materials from roll or section to section of Products. We may ‘touch up’ such Products at our discretion.
Warranties and rights
We warrant that the Products and the Work are of merchantable quality, free from defects, and comply with all relevant provisions of applicable Law in Australia. To the extent permitted by Law, the only warranties that apply to this Contract are those that are expressly set out in the Contract.
We also give the non-excludable consumer guarantees that apply under the Australian Consumer Law.
What laws apply
The laws of the State or Territory of the Work Site apply to this Contract. You agree to submit to the non-exclusive jurisdiction of the courts in that State or Territory.
Your privacy and creditworthiness
We collect, use, hold and disclose your personal, credit-related and confidential information where it is required
under the Law, and in order to provide you with Products and Work. We may disclose this information to our agents
and contractors (such as debt collectors) for these purposes and more broadly in connection with this Contract.
If you don’t provide this information to us, we may not be able to provide Products and Work to you.
From time to time we and any other company in the The Smart Blinds Co will let you know about other products and offers, even after this Contract ends. If at any time you decide you don’t want to receive these offers, please let us know. You can do so by writing to us.
We can take photos and video recordings of the Work, which may involve capturing the image or likeness of the Work Site. We own all rights in this media. We may use this media for an unlimited period of time for marketing purposes.
Unless the Law requires notice to be given a different way, we’ll give you notice in writing:
- By post, addressed to the address you nominate. We’ll consider that you’ve received the notice on the second Business Day after we post it;
- By email if you have provided an email address to us. We’ll consider that you’ve received the email the day after we send it to the email address you provided.
If you do not choose an address for notices or we can’t contact you at that address (eg. the notice is returned to us) we may send the notice to the Work Site and you’ll be deemed to have received it. You can send notices to us by email to firstname.lastname@example.org, or if this Contract or the Law allows you to send us a verbal notice, you can call us on 1300 568 533.
If you have an enquiry, complaint or dispute, including in relation to the Costs or any marketing enquiry, please contact us. We’ll handle your complaint and let you know the outcome of it, in accordance with our standard complaints and dispute resolution procedures.
Assignment or novation
You may not assign, transfer or novate this Contract without our consent. Subject to the Law, you agree that we may assign, transfer or novate this Contract to any third party. You will be notified of any assignment, transfer or novation.