Terms and Conditions
1. APPLICATION
These conditions apply to all products and services supplied by Hunter Blind Lab to the Customer. The Customer is deemed to have read and accepted the terms of the Quotation and these Conditions upon formation of the Contract pursuant to clause 2 of these Conditions.
2. QUOTATIONS
2.1 The Quotation is valid until the ‘Valid Until’ date written at the top right hand corner of the Quotation form, or where a date is not specified the Quotation will be valid for a period of 30 days from the date of the Quotation, (‘Acceptance Period‘). Any purported acceptance of the Quotation outside of this period will be void and of no effect unless Hunter Blind Lab confirms the Contract in writing.
2.2 Quotations are based on the current costs of supplying the Products and unless Hunter Blind Lab has otherwise agreed, are subject to amendment by Hunter Blind Lab at any time prior to commencement of manufacture of the Products to meet any rise and fall in such costs between the date of the Quotation and the date of commencing manufacture. Hunter Blind Lab may provide a substitute Quotation at any time prior to manufacture commencing; at which time any Contract formed prior to that time will be null and void and neither the Customer nor Hunter Blind Lab will be obliged to proceed with the previous contract or the provision of products or services of the revised quotation, until the Customer has paid the revised deposit and each of Hunter Blind Lab and the Customer have approved in writing the formation of the contract and commencement of manufacture. If the revised quotation is not accepted in the Acceptance Period, Hunter Blind Lab will refund any deposit paid in respect of the original quotation to the Customer.
2.3 If the Customer wishes to accept a quotation, the Customer must pay the deposit to Hunter Blind Lab. If the deposit is paid within the acceptance period, the contract is formed on receipt of the deposit. If the deposit is paid outside the acceptance period, the contract is only formed on Hunter Blind Lab’s written confirmation to the Customer of acceptance of the contract.
2.4 Upon formation of the contract Hunter Blind Lab will commence the manufacturing of the Products.
2.5 The supply of the products specified in any quotation is subject to Hunter Blind Lab’s ability to secure the materials for the manufacture and supply of the products. If Hunter Blind Lab is unable to supply the products, the quotation will be rescinded, and the deposit (if paid) will be refunded to the Customer.
2.6 Hunter Blind Lab will supply the products and services on the basis specified in the quotation. It is the responsibility of the Customer to confirm the accuracy of the details of any order set out in a quotation (whether or not a quotation has been prepared following oral or written instructions from a Customer or as a result of a representative of Hunter Blind Lab attending a Customer’s premises to take any measurements). Hunter Blind Lab will not be responsible for any errors or omissions in relation to the products or services where those errors or omissions result wholly or partially from incomplete or inaccurate or unclear instructions in the Customer’s request for the products or services or are otherwise specified in the quotation.
2.7 Once the deposit has been paid, the quotation cannot be altered, varied or modified without the written consent of Hunter Blind Lab and then upon such further terms and conditions as shall be specified by Hunter Blind Lab, including but not limited to the payment of extra Fees or extended timelines for delivery and/or installation.
3. TIMES FOR SUPPLY OF PRODUCT
3.1 The payment of the deposit to Hunter Blind Lab is deemed to be an authorisation for Hunter Blind Lab to provide the products and services.
3.2 Any times for supply of the products, services or other milestones advised by Hunter Blind Lab to the Customer are estimates only.
3.3 No delay in supplying the products, services or reaching other milestones relieves the Customer of its obligations to accept or pay for the products and services in full.
4. ACCESS TO SITE AND OTHER OBLIGATIONS
4.1 The Customer must permit and facilitate Hunter Blind Lab to have access to its premises at such times and on such notice as Hunter Blind Lab reasonably requires in connection with the supply of the services and installation of the products.
4.2 The Customer must co-operate with Hunter Blind Lab or with any third party nominated by Hunter Blind Lab to perform the installation of the products in relation to any workplace health and safety obligations, issues or incidents including by ensuring a safe place of work.
5. TITLE AND RISK
Risk in the products passes to the Customer when the products are delivered to the Customer (which may be before or at the time of installation of the products). Title in the Products only passes to the Customer upon payment in full of the fee to Hunter Blind Lab in cleared funds. Hunter Blind Lab is permitted at all times by the Customer to access and remove any products while payment of the fee remains outstanding.
6. PRICE AND PAYMENT
6.1 The fees must be paid in full by the Customer on demand from Hunter Blind Lab and, in any event, on the day of installation of the products.
6.2 The fees must be paid in the manner nominated by Hunter Blind Lab or specified in the quotation.
6.3 The withholding of payment of the fees or the extension of credit will be at the absolute discretion of Hunter Blind Lab.
6.4 Any failure to finalise payment by the Customer within 5 working days of installation date attracts a surcharge at a rate of 5%.
6.5 Interest will accrue starting from the day after the date payment is due until payment in full (together with all outstanding interest and additional costs of recovery) has been received by Hunter Blind Lab in cleared funds.
6.6 The Customer indemnifies Hunter Blind Lab against all Liabilities incurred by Hunter Blind Lab in recovering any debts owed by the Customer (including legal costs on a full indemnity basis).
7. GENERAL LIMITATION ON LIABILITY
7.1 Hunter Blind Lab will not be liable for and the Customer releases Hunter Blind Lab against any Liability the Customer suffers as a result of the Customer not complying with any of its responsibilities listed in these conditions and in the warranty terms.
7.2 Hunter Blind Lab grants the Customer the warranties set out in the warranty terms. The warranties will only apply to the products upon full payment of the fees. If the fees are not paid in full, the Customer will not obtain the benefit of the warranty terms.
7.3 The Customer acknowledges that the warranties in the warranty terms will be void if the Customer fails to adhere to the actions required of the Customer in the warranty terms.
7.4 To the greatest extent permitted by law, Hunter Blind Lab will not be liable for any guarantee, warranty or representation as to the quality and fitness for purpose or otherwise of any products or services or in respect of their use by the Customer, other than the warranties specified in the warranty terms.
7.5 The Customer indemnifies Hunter Blind Lab against all Liabilities of any kind caused by any:
7.5.1 breach by the Customer of the contract or these conditions;
7.5.2 negligent, reckless or wilful act or omission of the Customer;
7.5.3 act or omission of the Customer causing property damage or injury to or the death of any person.
7.6 Hunter Blind Lab’s liability for breach of any provision of any the contract or for breach of any Implied Term that are not excluded by these conditions is limited at the option of Hunter Blind Lab to re-supplying products and/or services, or, paying the cost of re-supplying products and/or services.
7.7 In no circumstance whatsoever will Hunter Blind Lab be liable to the Customer or to any third party for any consequential loss arising out of the supply or late supply of the products or services or failure to perform or observe Hunter Blind Lab’s obligations under any contract or implied terms that are not excluded by
these conditions.
7.8 Service calls for covered warranty or other repairs for jobs further than 100km from the Cardiff Post Office will incur a $100 call out fee to be paid at the time of booking the visit. Further charges may apply but will be quoted upon request.
8. TERMINATION BY HUNTER BLIND LAB
8.1 Without prejudice to any of its other rights, Hunter Blind Lab may without liability and notice terminate a contract or suspend the supply of products or services:
8.1.1 if the Customer commits any breach of this or any other contract with Hunter Blind Lab including failure to make any payments in accordance with clause 6 of these conditions;
8.1.2 if being an individual, the Customer dies or has a receiver appointed over his or her assets;
8.1.3 if being a Company, the Customer calls any meeting of its creditors or has a receiver of all or any of its assets appointed or enters into liquidation or becomes subject to a winding up order of the Court (‘Insolvency‘); or
8.1.4 if, in the opinion of Hunter Blind Lab, the Customer is not capable of paying any of its payments due to Hunter Blind Lab.
8.2 Hunter Blind Lab may terminate the provision of the services and products under any Contract at any time by giving notice in writing to the Customer. If Hunter Blind Lab elects to terminate the contract, all amounts paid by the Customer to Hunter Blind Lab will be returned to the Customer.
8.3 If Hunter Blind Lab terminates a contract pursuant to clause 8.1, then the Customer will be liable for any liabilities which Hunter Blind Lab suffers in connection with such termination.
9. TERMINATION BY CUSTOMER
9.1 The Customer may not terminate the contract once it has been formed (otherwise than as a result of the Insolvency of Hunter Blind Lab or Hunter Blind Lab committing a material breach of the contract). Termination by the Customer in those circumstances must be by written notice to Hunter Blind Lab.
9.2 Any purported termination by the Customer of the contract (other than as permitted by clause 9.1) does not absolve the Customer from any Liabilities and the Customer will remain liable to pay the fees in full within 14 days of the date of providing the notice of termination irrespective of the provision by Hunter Blind Lab of any products or services.
10. PRIVACY
10.1 To the extent that Hunter Blind Lab has obligations under the Privacy Act 1989 (Cth) (‘Privacy Act‘), it remains fully responsible for those obligations and ensuring that the products and services will comply with those obligations.
10.2 The Customer acknowledges the basis on which (and purposes for which) Hunter Blind Lab may collect personal information of the Customer and authorises such collection in accordance with the terms of Hunter Blind Lab’s Privacy Policy from time to time. If no such Privacy Policy is available on Hunter Blind Lab’s website the Customer authorises the collection and use of personal information for all business purposes of Hunter Blind Lab, including marketing and sale of goods, sharing with installers, manufacturers and suppliers, professional advisers and business partners. The Customer expressly permits Hunter Blind Lab to provide personal information (as defined in the Privacy Act) to third parties in connection with the supply of the products and services.
11. FORCE MAJEURE
Hunter Blind Lab will not be liable for any liability caused by Hunter Blind Lab’s failure to supply products or provide services as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, war, pandemic, or any other matter beyond Hunter Blind Lab’s reasonable control.
12. GOVERNING LAW AND JURISDICTION
This contract will be governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the New South Wales courts.
13. ASSIGNMENT
13.1 The Customer must not assign its rights under a contract without the consent of Hunter Blind Lab, which consent may be withheld in Hunter Blind Lab’s absolute discretion.
13.2 Hunter Blind Lab may assign its rights under a contract without the consent of the Customer.
14. MISCELLANEOUS
14.1 The quotation, conditions and warranty terms may be amended in writing with written consent from each party.
14.2 If the Customer is a trustee of a trust, it is bound to these conditions both personally and in its capacity as trustee for each trust for which it acts as trustee.
14.3 A contract constitutes the entire agreement between the parties about it’s subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter.
14.4 Any provision of these conditions must be read down to any extent necessary to be valid. If that is not possible, it must be severed. All other provisions of these conditions are unaffected.
14.5 A provision of these Conditions must not be construed to the disadvantage of a party because that party was responsible for including that provision and/or that provision benefits that party.
14.6 Each indemnity, obligation of confidence and other term capable of taking effect after the expiration or termination of a contract, remains in force after the expiration or termination of a contract
15. DEFINITIONS
In these Conditions:
15.1 ‘Conditions‘ means these terms and conditions;
15.2 ‘Consequential Loss‘ means loss of profits, loss of anticipated savings, economic loss, interruption of business or for any indirect or consequential loss;
15.3 ‘Contract‘ means the contract between the Customer and Hunter Blind Lab for the supply by Hunter Blind Lab of those Services and Products specified in the Quotation, which contract will be formed only as allowed by clause 2;
15.4 ‘Hunter Blind Lab‘ means A & C Manufacturing Pty Ltd ABN 81 648 553 824;
15.5 ‘Customer‘ means the entity named in the Quotation;
15.6 ‘Deposit‘ means the deposit payable to Hunter Blind Lab equal to 50% of the Fees or such other amount specified in the Quotation;
15.7 ‘Fees‘ means the fees payable for the Products and Services as set out in the Quotation, subject to amendment pursuant to clause 2.
15.8 ‘Liability‘ means liabilities, losses, damages, actions, causes of action, arbitrations, claims, orders, judgments, outgoings, costs (including legal costs calculated on a solicitor and own client basis) and expenses, whether present or future, actual or contingent;
15.9 ‘Maintenance Requirements‘ means the maintenance requirements set out in the Warranty Terms;
15.10 ‘Products‘ means goods provided by Hunter Blind Lab as specified in the Quotation as the context requires or otherwise permits, including but not limited to blinds, curtains, shutters, awnings and doors.
15.11 ‘Quotation‘ means the document provided to the Customer by an authorised representative of Hunter Blind Lab detailing the scope of works, the Products and Services to be supplied and the Fee;
15.12 ‘Services‘ means any services performed by Hunter Blind Lab as specified in the Quotation and includes but is not limited to installation of the Products.