General Terms and Conditions of Quotations and Sale

 

This Quotation (“Quotation”), including all of the terms and provisions set forth on both sides hereof, constitutes the entire agreement between the Buyer, as identified on above quote, and Blinds & Shutters Co Australia Pty Ltd, trading as Hampton Homewares, (“Company”). No change, modification, amendment or other agreement with regard to this Quotation shall be binding upon Company unless made in writing and signed by an authorised officer of Company. The terms and provisions of this Quotation shall govern and control the terms of any purchase order or confirmation form from Buyer. Any additional or different terms in Buyer’s purchase order or confirmation will not be binding on Company. Buyer acknowledges that Company has not authorised any of its sales agents or representatives to make any representations, warranties or agreements on behalf of, or to bind Company in any way. All goods and services are supplied on the terms and conditions set out herein and no addition or variation to these terms and conditions will have any effect unless expressly agreed in writing by the Company.

1. Quotations

(a) Unless previously withdrawn, a quotation is valid for 30 days or such other period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from it until the Buyer’s order has been accepted by the Company.

(b) No Company shall be bound by any condition attaching to the Buyer’s order or acceptance of a Quotation and, unless such conditions are expressly accepted by the Company in writing, the Buyer acknowledges that such conditions are expressly negated.

(c)Cancellation of an order can be made only with the Company’s consent and upon terms that will compensate the Company against loss.

(d) Change orders or briefing updates, amendments or changes requested by the Buyer shall not be effective unless accepted in writing by the Company. The Buyer shall be liable for any costs, expenses, and liabilities incurred by the Company in connection with any such change order.

2. Price

(a) Quoted prices do not include GST unless otherwise stated on the Quotation.

(b) The Company, shall be entitled to vary the quoted price for the goods and services at any time prior to delivery if the cost to the Company of performing the contract is increased and the Company reserves the right to apply prices ruling at the time of providing the goods or services.

(c) A freight fee (if noted on Quotation) of $150 is charged for all applicable deliveries within 100km radius of the Companies premises (Ormeau, Gold Coast) and all freight outside of this area is quoted on an individual order basis.

3. Terms of Payment

(a) 50% of the invoice amount for the goods and services must be paid prior to the Company accepting the quotation as a non-refundable deposit, and upon payment the buyer accepts the quote in its entirety including the general terms and conditions of quotations and sales.

(b) The balance owed by the Buyer must be paid in full at least one (1) business day before the Buyer’s scheduled installation date.

(c) The Buyer is not entitled to withhold payment or make any deduction from the quoted price of the goods and services in respect of any set off or counterclaim.

(d) If the Buyer fails to pay for any of the goods or services, the Company may in its absolute discretion, but without prejudice to any other remedy it may have, postpone the fulfillment of its obligations under this order or briefing and under any other order or briefing with this Buyer until such payment is made and charge to the Buyer any extra expense incurred thereby.

(e) The Company reserves the right cancel or reschedule the Customer’s installation appointment if the balance of the Quotation has not been paid in full as set out in the terms of this contract.

(f) In the event of non-payment of the Quotation by the due date, the Buyer will be incur storage costs accrued at 2% of the total Quotation value per week until the day of installation confirmed in writing by the company.

(g) Delinquent payments shall accrue interest at the rate of 5% of the total Quotation value per week once outside of agreed terms.

(h) In the event of a dispute hereunder, threatened or actual, between the Company and Buyer, Buyer shall pay to Company all costs incurred by Company in enforcing the terms and provisions hereof, including, but not limited to, travel expenses, court costs, litigation costs and reasonable legal fees.

4. Cancellation or Suspension of Orders

Except where the Buyer has a statutory right of termination, orders accepted by the Company may not be cancelled either wholly or in part without the consent in writing of the Company.

5. Liability

(a) Any service or advice which may be offered by the Company, its servants or agents to the Buyer or its agents, is rendered in good faith and the Company shall not be liable for any loss or damage arising therefrom.

(b) For the avoidance of doubt, the Company will be under no liability whatsoever to the Buyer for any loss, injury or damage (including consequential loss, injury or damage) suffered or caused as a result of or arising out of any act or omission (whether negligent or otherwise) by the Company, its servants or agents or any other person in any way related to or arising out of the Quotation by the Company.

(c) The Company shall not be liable for any loss or damage to the Buyer’s property or contents arising from the installation.

(d) The Buyer accepts that the Company or persons carrying out work for the Company, may cause damage to the Buyer’s property or contents and accepts full responsibility and damages resulting thereof.

(e) The Buyer accepts that they will report damaged or missing products within 24 hours of receiving the products and prior to any movement from the Companies point of delivery and prior to the installation of the products.

(f) All products are inspected for damage by the Company’s manufacturer prior to shipping and the Company accepts no liability products damaged after the Buyer takes possession of the products or outside of the terms noted.

(g) The Company accepts no liability for losses or damages resulting from the Company failing to meet nominated product delivery dates and the Buyer accepts that no discounts to the total quotation amount will be given, unless stated in writing by an authorised officer of the Company.

6. Warranties and Conditions

(a) The Buyer accepts that all remakes and/or repair of goods resulting from manufacturing faults or errors will be manufactured and sea freighted at the Companies discretion and the Buyer will not be entitled to a discount or price reduction due to errors or faults with the products, unless otherwise stated in writing by the Company.

(b) All product warranties are only valid for the original purchaser or first end user and covers only the repair or replacement of the faulty product.

(c) All company warranties exclude shipping, labour or other associated costs with the installation, re-installation and removal of the faulty products. (d) The Company guarantees that it will repair or replace at its sole discretion any parts or items deemed to be faulty or suffering from a defect.

(e) All Company warranties do not cover a Buyer’s “change of heart” nor any issues that may arise from the Buyer, installer or end users modifying, installing incorrectly or installing in a configuration that does not suit the end users requirements.

(f) The Company accepts no liability and will not refund the Buyer in the event that the Buyer or end user did not fully understand the product specifications and operation.

7. Paramountcy

These General Terms and Conditions of Quotation and Sale shall constitute the entire agreement between the Company and the Buyer and no terms, conditions, obligations or other provisions of any nature not contained in these General Terms and Conditions of Quotation and Sale shall be of any effect. For the avoidance of doubt, these General Terms and Conditions of Quotation and Sale

shall apply in all circumstances, including where the Buyer validly accept this quotation or where the Buyer and the Company otherwise proceed with carrying out work under the brief, whether or not the Buyer, at any time and by any means, purports to impose its own terms and conditions.

8. Governing Law of Contract

These General Terms and Conditions of Quotation and Sale are governed by, and are to be construed in accordance with, the laws of Queensland and New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and any court hearing appeals from those courts.

I, hereby accept this quotation, in its entirety and agree to pay in full amount for all products ordered or services rendered to at request of the buyer in accordance with the terms of the Quotation. In addition to personally guaranteeing full payment, I agree to pay the Company for all orders and resulting costs and expenses of cancellation or changes of an order.

In the event the account is turned to a collection agency or attorney, I agree to pay all collection costs, court costs, and attorney fees in addition to all other sums due. All disputes, claims or actions or proceedings arising directly or indirectly, shall be litigated at the election of the Company. The buyer waives any right which he/she/they may have or change the venue of any litigation brought against the buyer by the Company. Payment terms set out in the above General Terms and Conditions of Quotations and Sale. I warrant above conditions has been carefully read and hereby agree to them.