About these terms:
These terms apply to the quote they accompany and to the goods and installation Blindex® Australia Pty Ltd ("we", "us") supplies under it. Nothing in them excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified, and each clause is to be read that way.
Your quote and prices:
Prices are in Australian dollars and include GST unless your quote says otherwise. Your quote is open for acceptance until the valid-until date shown on it; after that date please ask us to renew it, and the prices may change. If we have made an obvious error in a price we will tell you before you accept or as soon as we find it, and you may choose not to proceed.
What your quote covers:
Your quote covers the products, sizes, options and work written on it, and nothing else. Anything not listed, such as electrical work, removing existing window coverings, repairs to the opening, painting or patching, is not included unless your quote says so.
Accepting your quote:
You accept your quote by signing and accepting it online, in person or in writing, and, where your quote asks for a deposit, by paying that deposit. Your order is confirmed once you have accepted and any deposit your quote asks for has been paid. If we need to change your quote after you have accepted it, we will send you the revised quote and the change only applies once you accept it again.
Deposit and payments:
The deposit and every later payment are set out in the payment schedule on your quote. We order materials and start manufacturing once the deposit has cleared, or once you accept if your quote asks for no deposit. Each later payment is invoiced when it falls due and is payable by the due date on that invoice; a payment due before installation falls due no later than the day before your installation. We may move an installation to a later date until a payment then due has been made. If, for a reason on our side, we cannot supply your order, we refund everything you have paid for the goods we cannot supply.
Measurements:
Where our measurer measured your windows or openings, those measurements are our responsibility, and if goods do not fit because our measurement was wrong we will remake or adjust them at our cost. Where you supplied the sizes yourself, you are responsible for their accuracy: we make to the sizes you gave us, and goods that do not fit because a supplied size was wrong are not a defect, so remaking or altering them is charged at our current rates. We may ask to check measure before we order. If a check measure changes the sizes or the price, we will send you a revised quote to accept before anything is ordered, and if you decide not to proceed we refund what you have paid, less any check measure fee shown on your quote.
Made to order:
Our products are made to measure for your windows. For that reason we do not offer refunds or exchanges if you simply change your mind about a product, colour, fabric, size or option once your order is confirmed. This does not affect your rights under the Australian Consumer Law if a product is faulty or not as described.
Natural variation:
Timber, painted and stained finishes, PVC, aluminium and fabrics vary naturally, and grain, shade and texture can differ between batches and from a sample. Openings are rarely perfectly square, and small gaps around a product fitted to an existing opening, and the small manufacturing tolerances normal for made-to-measure products, are not faults.
Changes and cancellation:
You may ask to change or cancel your order at any time. Before we have ordered materials or started manufacturing, we will cancel it and refund your deposit less any costs we have reasonably incurred for your order, such as a measure or check measure fee shown on your quote. Once materials have been ordered or manufacturing has started, cancelling or changing an item means paying the costs we have reasonably incurred for it, which may be up to the price of that item if it has already been made. Any change to your order is confirmed by a revised quote, which may change the price and the lead time.
Lead times and delays:
Lead times and ready dates are our honest estimates, counted from when your deposit clears and your final measurements are confirmed. Some materials and components are made or shipped from overseas, and supply, freight, customs, weather or other events outside our reasonable control can delay them. If your order is delayed we will tell you as soon as we know and give you a new estimate. The installation date we book with you is one we plan to keep; if we have to move it, we will contact you promptly and offer the earliest available date.
Installation and access:
Please give us safe, clear access to each window and opening on the booked day, with furniture and valuables moved away from the work area, pets secured, and a person aged 18 or over at home. Removing existing window coverings is not included unless your quote says so. We fix into the frames and walls as quoted and take care to avoid concealed pipes, cables and services; please tell us about any you know of. Some of our installers are subcontractors, and we remain responsible to you for their work. If we cannot install on the booked day because access was not available or a site condition we could not reasonably have seen at the measure prevents it, we will explain why and agree a new date with you, and a return visit may be charged at a reasonable rate that we will tell you before it is booked.
Ownership and risk:
The goods remain ours until your order has been paid in full. Responsibility for loss or damage to the goods passes to you when they are installed or, if you collect them or we deliver them without installing, when they are handed over. If goods arrive damaged or something is missing, please tell us as soon as you can so we can put it right.
Warranty and consumer guarantees:
Our warranty is set out in our Warranty policy, published on our website and linked from your quote, and is given in addition to your rights under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Privacy and records:
We use your name, contact details, address and the details of your windows to quote, measure, manufacture, deliver, install, invoice and look after your order, and to contact you about it. We share them only where the work needs it, for example with our installers, our payment provider and our email and text message providers, and we never sell them. Our Privacy Policy, published on our website, explains this in full and how to see or correct what we hold. When you accept we record your typed name and any drawn signature, the date and time, your IP address and your device and browser, and whether you accepted in person on our device, and keep them with your order as the record of your acceptance.
General:
These terms, the quote you accepted and anything we later agree in writing about your order (such as a revised quote or an appointment confirmation) are the whole agreement between us about it. If any part of these terms cannot be enforced, the rest still applies. These terms are governed by the laws of Victoria, Australia. If something goes wrong, please contact us first; most problems are quickest to fix by talking to us.
Additional terms:
TERMS OF SALE - Blindex® Australia Pty Ltd
1. YOUR QUOTE AND YOUR PRICE. Your quote lists exactly what we will make and supply, and the price is firm until the validity date shown on your quote. Accepting the quote (electronically or in writing) forms a binding agreement on these terms. Anything not written on the quote is not part of the order.
2. PAYMENT. Unless your quote says otherwise, a deposit of 50% is payable on acceptance and manufacturing begins once it is received. The balance is payable at the time stated on your quote and invoice. Invoices can be paid by card from your invoice link or by bank transfer using the details on the invoice.
3. MADE TO MEASURE. Your products are manufactured specifically for your openings and cannot be resold. Once manufacturing has begun, an order cannot be cancelled for change of mind. Where measurements were taken by us, we stand behind them: if a product does not fit because we measured wrongly, we remake it at our cost. Where measurements were supplied by you, we manufacture exactly to them, and a remake needed because a supplied measurement was wrong is at your cost.
4. OWNERSHIP AND SECURITY (PPSR). Ownership of the goods remains with Blindex® Australia Pty Ltd until your order is paid in full, and we may register our interest on the Personal Property Securities Register. An unpaid balance may be referred to a collection agency, with recovery costs added where this agreement allows and a payment default recorded where the law permits. If anything about an invoice looks wrong, tell us before the work is done - we would much rather fix it than chase it.
5. ACCESS AND INSTALLATION. Where installation is included, you authorise our team to carry out the work described, including drilling into the surfaces the products attach to. Please ensure clear access to each opening on the day. Minor making-good (such as small fixing marks) is part of any installation of this kind. If a hidden condition (for example concealed wiring, asbestos, or unsound surfaces) prevents safe work, we will stop and agree the next step with you before continuing.
6. TIMEFRAMES. Lead times we give are honest estimates, not promises; manufacturing and supply delays outside our control can move them. We will keep you informed, and a delay does not of itself entitle either of us to cancel an order already in production.
7. WARRANTY AND YOUR CONSUMER RIGHTS. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for other reasonably foreseeable loss or damage, and to have goods repaired or replaced if they fail to be of acceptable quality where the failure is not a major failure. Any written warranty we give is in addition to those rights, never instead of them.
8. YOUR INFORMATION. When you accept, confirm or sign anything online we record the time, your IP address and your device details as the audit trail of your order. That record is used only for the life of your order and our legal obligations - see our privacy policy.
If any part of these terms cannot lawfully apply to you, the rest still do. Questions are welcome before you accept - it is much easier to change a quote than an order.
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