TERMS AND CONDITIONS
For the information of all our customers, outlined below are Reservoir Blinds Terms and Conditions as they appear on all Reservoir Blinds final orders.
We strongly suggest all our customers take note of the care and maintenance information provided upon final purchase and installation. Warranties are liable to be rendered invalid under misuse or if appropriate precautions are not observed.
Thank you for choosing Reservoir Blinds. Set out below are the terms and conditions of the agreement between you and Reservoir Blinds for your window furnishings. In this agreement the ‘Customer’ means you, the “Window Furnishings” means the products you have ordered, the “Order” means the order form overleaf and the “Purchase Price” means the total purchase price for the Window Furnishings shown on the order. Please make sure you have read this page and checked the Order carefully before you sign. Subject to any terms implied by law, the agreement comprises only this page and the Order, unless the Competition and Consumer Act 2010 applies.
THE CUSTOMER’S RIGHTS AND OBLIGATIONS
- By signing the Order, the Customer acknowledges that the Customer has read and understood the terms and conditions of this agreement and agrees to be bound by them. The Customer understands that Reservoir Blinds will manufacture square blinds and take no responsibility for windows being out of square. Reservoir Blinds will make the blinds to the Customer’s specifications as set out in the order.
- No quotation by Reservoir Blinds shall constitute an offer. All orders placed with Reservoir Blinds shall only be accepted subject to these Terms and Conditions. Reservoir Blinds may at any time, and from time to time alter these Terms and Conditions of Sale and such altered Terms and Conditions of Sale shall apply after notification by Reservoir Blinds to the Customer. If a Customer cancels or alters any order or part order for the goods with special materials at any time after Reservoir Blinds has received the order then Reservoir Blinds reserves the right to charge the Customer the costs of any special goods or materials already acquired for the order together with the cost of any labour and tooling expended to the date of such cancellation or alterations. Any Goods and Services Tax (GST), Sales Tax or any other applicable tax or duty payable shall be paid or reimbursed by the Customer to Reservoir Blinds on demand and the customer shall indemnify and keep indemnified Reservoir Blinds in respect of all taxes and duties including GST arising out of any sale of goods or the subsequent use of goods after the sale to the Customer.
TERMS OF PAYMENT
- The terms of payment are:
- a) For all orders, fifty percent (50%) of the selling price must be paid by the customer as a deposit at the time of acceptance of the quotation and placement of the order. A further forty percent (40%) of the selling price must be paid by the customer once the customer has been notified of the installation date. The remaining ten percent (10%) of the selling price must be paid by the customer directly to the company installer upon installation.
- b) If Reservoir Blinds advises the customer that the ordered goods are ready for installation and the customer refuses to accept the goods or fails to make arrangements for installation, or if Reservoir Blinds is unable to contact the customer after making reasonable endeavours to do so, the remainder of the selling price shall immediately become payable. Reservoir Blinds shall be entitled to treat an amount equal to the remainder of the selling price as a judgment debt and such debt shall be capable of enforcement as a judgment debt without Reservoir Blinds taking any further action to obtain a judgment debt against the customer;
- c) Notwithstanding the other provisions of clause 7, Reservoir Blinds reserves the right to require the Customer to pay the whole of the selling price in advance at the time of placement of the order.
- d) Title of any good purchased does not pass at law until payment of the account is made in full.
- If the customer fails to make payments in accordance with clause 3, Reservoir Blinds shall be entitled to:
- a) Require the payment of cash upon delivery of any further goods;
- b) Charge an interest rate of one point seven five percent (1.75%) per month on a cumulative basis on all overdue amounts (including late payment charges and amounts other than the price) calculated on a day to day basis on any monies due but unpaid, such interest charge to be computed from the due date for payment ANDthe parties agree that such interest charge is not a penalty but is a true measure of damages incurred by Reservoir Blinds. Payments received from the Customer will be credited first against any interest charge and all such fees shall be payable on demand by Reservoir Blinds
- c) Claim from the Customer all costs, expenses and charges incurred on any account whatsoever including but not limited to any action taken by Reservoir Blinds to recover monies or goods due from the Customer including but not limited to any mercantile agents costs and legal costs and disbursements on a solicitor-client basis; and
- d) Cease any further deliveries to the Customer and to terminate immediately any agreement in relation to goods that have not been delivered.
- The Window Furnishings remain Reservoir Blinds’s property until Reservoir Blinds has received the full Purchase Price.
- Any date or time quoted for delivery is an estimate only and Reservoir Blinds shall endeavour to effect delivery at the time or times required by the Customer but failure to do so shall not confer any right of cancellation or refusal of delivery on the Customer or render Reservoir Blinds liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof. If the Customer delays or defers their delivery or installation date more than 14 days, Reservoir Blinds will not hold the goods in storage. A five percent (5%) fee of the total Purchase Price will be added to each 14 day period of blinds being held in storage.
- In the event that a discount is given, if full payment of the discounted price is not received by the due date, Reservoir Blinds has the right to claim and receive from the Customer payment of the full and undiscounted price.
- Once the customer has placed an order and decides not to go ahead with the order (and Reservoir Blinds has agreed to cancel) for any reason they will incur a $100 admin fee). If the customer attempts to cancel the order within 24 hours of receipt of deposit or for any reason the Window Furnishings have not been installed within one month of the date of Reservoir Blinds’s letter, Reservoir Blinds may deal with the Window Furnishings as it thinks fit (whether or not title has passed to the Customer) and sue the Customer for the outstanding balance of the Purchase Price plus an administration fee of up to $75 and the Customer forfeits the deposit referred to.
- If the customer wants to make changes to the order (and Reservoir Blinds is in agreement) after the order is processed, they will incur a $75 admin fee. This may be waived at the discretion of Reservoir Blinds.
- The risk in the goods shall pass to the Consumer upon delivery as referred to in clause 9, to the Customer or his agent or to a transport company nominated by the Customer.
- The Customer shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery. The Customer shall store the goods separately from its own goods and those of any party and in a manner which clearly identifies the goods, whether as separate chattels or as components, as the property of Reservoir Blinds. The Customer shall maintain records of goods owned by Reservoir Blinds identifying them as Reservoir Blinds’s property, of the persons to whom the goods are sold or disposed to and of the payments made by such persons for such goods. The Customer shall allow Reservoir Blinds to inspect these records and the goods themselves on request by Reservoir Blinds.
THE CUSTOMER’S RIGHTS AND OBLIGATIONS
- Immediately on signing the Order, the Customer must pay Reservoir Blinds a deposit by cash, credit card, bank cheque, direct deposit or an EFTPOS payment made on day and receipt provided to installer of not less than 50% (or agreed amount) of the Purchase price. If the Customer wants the Window Furnishings to be installed by 10 days from the date the Customer signs the Order (subject to product availability), the Customer must pay the full Purchase Price (or agreed amount) to Reservoir Blinds by cash, bank cheque or direct deposit immediately on signing the Order. For any Internet banking final payments made, a printed copy of the receipt must be given to the installer upon completion.
- The Customer acknowledges that Reservoir Blinds will normally commence the manufacturing process of the Window Furnishings within 24 hours of this Order being signed. If the Customer cancels the Order after Reservoir Blinds commences manufacture, then the Customer forfeits the deposit referred to in clause 12 and must pay the balance.
- The Customer may only vary the Order if the Customer and Reservoir Blinds are able to agree on a new Purchase Price for the Window Furnishings. Any variations to the contract must be in writing.
- The Customer acknowledges that materials can be liable to variations in weave and colour due to differences between production runs. While Reservoir Blinds must do all it reasonably can to ensure that the materials used for the Window Furnishings matches the sample chosen by the Customer, the Customer acknowledges that Reservoir Blinds does not promise a colour or pattern match and the Customer must not make any claim against Reservoir Blinds where any such variations occur.
- The Customer acknowledges that all Window Furnishings must be maintained with regular cleaning and maintenance and operated in accordance with any operating instructions provided by Reservoir Blinds or its contractors. Failure to do so may void the Guarantee, referred to below.
- The Customer acknowledges that all PVC, Polystyrene and timber products are subject to movement, which exhibits itself in the form of bowing, twisting and general movement as environmental changes take place. The amount of this movement and the duration of its distortion are subject to the orientation of the window, the longitude and latitude, time of day, season, temperature, shading and quality of glazing used in the window and no claims or actions can be made or taken against Reservoir Blinds for such movement, bowing, twisting and general movement.
- The Customer must do all that the Customer reasonably can do to agree to the earliest mutually convenient date for the Window Furnishings to be installed. Prior to the agreed installation date, the Customer must remove any existing window coverings and support brackets, unless the Customer has elected to pay for this service. Any furniture located where the Window Furnishings are to be installed must be moved. On the agreed installation date, the Customer must give the installer safe and adequate access to where the Window Furnishings are to be installed. Before the installer begins work, the Customer must inform the installer of the location of any water pipes, electrical cables or any other potential hazard of any kind that may cause damage or injury to people or property during or as a result of the installation of the Window Furnishings. In addition, the Customer acknowledges that Reservoir Blinds cannot accept responsibility for sub-standard fixing points where Window Furnishings are to be installed.
- The Customer must pay final balance as per payment conditions on the Order/Quote. Ownership of product does not transfer to customer until final balance is paid. Once balance is paid, Reservoir Blinds will store the Window Furnishings at no additional cost for up to three (3) months.
- The Customer acknowledges that any other offer by Reservoir Blinds of a free gift (e.g. pelmets and fitting) has been made by Reservoir Blinds in good faith and with reasonable grounds, but is subject to availability. Such free gifts do not form part of this agreement and the Customer must pay the Purchase Price in accordance with this agreement.
- By signing this order the customer acknowledges and understands the Terms and Conditions of the agreement and authorises Reservoir Blinds to commence manufacture of the order as per specifications contained overleaf.
LIMITATION OF LIABILITY
- These Terms and Conditions of Sale do not exclude, restrict or modify the application of any provisions of any Commonwealth, State or Territorial Law that cannot be excluded, restricted or modified.
GUARANTEE & WARRANTY
- A number of our products attract a two (2) year Guarantee on all custom made Window Furnishings from the date of installation, except for fading which is for 12 months from the date of installation. Details of all warranties are outlined below. Ref. Clause 31. The 1styear of the guarantee is an in-home Guarantee (for products that are installed by Reservoir Blinds) and no call out fee applies. For the 2ndyear, the products must be returned to a Reservoir Blinds Showroom or a call out fee will apply. When products are not installed by Reservoir Blinds, all products must be returned to a showroom for Guarantee to be implemented.
- All Cut Down Products are covered by a one (1) year Guarantee. The Guarantee is a return to showroom only.
- Where a product under Guarantee is no longer available, a substitute product from Reservoir Blinds’s current range to the same value will be offered as a replacement during the Guarantee period.
- The Guarantee is against defects in components and/or faulty workmanship for the above periods from the date of installation. The Guarantee does not extend to damage caused by accidents, misuse or abuse of the product and does not cover depreciation through ordinary wear and tear. All other claims will attract pick up, delivery or service charges.
- Product care and operating instructions must adhered to otherwise warranty will be rendered void.
- Any attempts to repair, alter or adjust a Reservoir Blinds product by an unauthorised person will deem this warranty null and void
- Installation of window coverings above 3 metres are subject to special Guarantee conditions and chargers will be incurred for high ladders, safety equipment and scaffolding.
- Subject to payment in full being made as defined in clause 5 Reservoir Blinds shall use its best endeavours to pass on to the Customer the benefit of any warranties or guarantees it receives in respect of goods or parts thereof supplied to the Customer which are not of Reservoir Blinds’s manufacture.
- 12 months warranty on Vertical Fabric Blind Tracking System
- 2 year warranty on Fabric Roller/Sunscreen Blind Chain Control and Components
- 2 year warranty on all vertical blind fabric referred to in this Order from the date of Delivery
- 2 year warranty against fading on all vertical blind fabric referred to in this Order
- 5 year warranty on all timber and PVC shutters
- 5 year warranty on designer fabrics
- 5 year warranty on Somfy motorised blinds
- 2 year warranty on Louvolite motorised blinds
- All Venetian, Roller(Holland) and other products are guaranteed for 1 year from date of delivery
- Timber Blinds and shutters are a natural product and some variation in colour and slight warping of slats may occur over time. Such occurrences are not covered by warranty. Oiled timber blinds and shutters will require re-oiling from time to time and lacquered and painted timber blinds may flake or peel from time to time. This is the responsibility of the purchaser and is not covered by our warranty.
- This guarantee is not transferable.