Australia’s Cheapest Blinds (AC Blinds) Terms and Conditions
TERMS OF SALE
Important consumer information: AC Blinds come with guarantees that cannot be excluded under the Australian Consumer Law.
Child Safety Regulations: AC Blinds will install child safety clips with window furnishings as required by law.
These terms apply to all goods and services (Products) that a customer (you) orders from Australia’s Cheapest Blinds.
- Quote Australia’s Cheapest Blinds quote (a) is not an offer to supply products ( but you can place an Order against it e.g. by signing it as an Order and paying the deposit) and (b) expires after 7 days if you do not place an Order
- Contract If Australia’s Cheapest Blinds accepts your Order, there is a Contract as per the Quote and these Terms. These Terms override anything else in the Contract.
- Payment Unless your contract states otherwise, you must pay (a) a minimum 70% part payment with your Order being a deposit (equal to 10% of Contract charges) and Contract prepayment (equal to balance of part payment) and (b) the balance of the Contract charges before AC Blinds commences supply of Products and (c) any other amount required by these Terms, on invoice. If your contract is not completed, we may retain from your part payment the deposit or our actual and reasonable losses connection with your Contract, whichever is higher (except if the non-completion was due to our breach of a Consumer Guarantee).
- Extra Charges Where an Extra Charge is optional; AC blinds will obtain your approval before it is incurred. Where it is not optional (a) it will be reasonable but (b) AC Blinds will notify you of the amount and you may cancel your Contract within 2 business days, subject to clause3.
- Variations Changes to a Product order, delivery date or arrangements at your requests are only effective if (a) we agree in writing and (b) you accept any delay and Extra Charges that arise from your request.
- Delays If installation or delivery is delayed AC Blinds may invoice an Extra Charge for storage of goods (except if AC Blinds cause the delay). Extra site visits to double check measurements or conditions may affect the price and delivery time.
- Tenancies, Owners Corporations, Councils etc. If you order Products for premises that are rented, subject to an Owners Corporation or otherwise owned or controlled by a third party, or where Council permission is required for installation (a) you must advise AC Blinds accordingly (b) you must provide written evidence of the consent or permission and (c) AC Blinds may suspend the supply of products until you have done so, or require payment under paragraph 10.
- Scheduled supply times. These are good faith estimates only, and maybe affected by factors beyond AC Blinds’ control. Subject to the Consumer Guarantees, delay is not a breach of the Contract.
- Supply and installation AC Blinds will supply Products within a reasonable time (a) at the installation Site in the Quote or (b) if there is no installation Site – from AC Blinds’ premises. Unless AC Blinds agrees otherwise in writing, AC Blinds supplies Products (including installation) between 8am and 5pm weekdays, except public holidays.
- If you are not ready for scheduled installation If products are ready for scheduled installation but you are not ready (e.g. you do not have owners Corporation consent or your site is not prepared) AC Blinds may require that you pay for the products (but not installation charges), take delivery and store them until you are ready for installation (when installation charges will be payable).
- Ownership and risk Goods are (a) AC Blinds’ property until you have paid in full for them and (b) at your risk when delivered to you or the installation Site
- Installation Site conditions You must, at your cost (unless included in the Quote) make the installation Site clear, accessible, safe for AC Blinds’ team and structurally suitable for installation of Products. AC Blinds may suspend supply of Products until you have done so, or have agreed to pay and Extra Charge to arrange it.
- Existing window furnishings You must, at your cost (unless included in the Quote) remove and dispose of any existing window furnishings. AC Blinds may suspend supply of Products until you have done so, or have agreed to pay an Extra Charge to arrange it.
- Electrical work You must, at your cost arrange an initial or follow-up electrical works required for motorised blinds. This includes the cost of electrical works to disconnect and reconnect motorised products that require servicing or replacement under warranty. AC Blinds may suspend supply of Products until you have done so, or have agreed to pay an Extra Charge to arrange it.
- Payment default If you fail to pay an amount when due: (a) AC Blinds may charge interest 2.5% per month (b) AC Blinds may repossess Products (before or after installation) (c) you indemnify AC Blinds against any loss or expense (including legal expenses) AC Blinds incurs in recovering payment or repossessing Products and (d) AC Blinds may suspend or terminate your Contract.
- Consumer Guarantees Rights and remedies for PDH goods and services If AC Blinds supplies you with Products of a kind ordinarily acquired consumption for personal, domestic or household use or consumption (abbreviated as ‘PDH’), you have extensive rights under the Australian Consumer Law (‘ACL’) including consumer guarantees (‘Consumer Guarantees’) and remedies. NOTHING IN THESE TERMS LIMITS THOSE RIGHTS AND REMEDIES IN ANY WAY.
Right and remedies non- PHD goods costing no more than $40,000 If AC Blinds supplies you with non-PDH Products costing no more than $40,000 you have Consumer Guarantees under the ACL but: (a) in relation to goods, AC Blinds’ liability for failure to comply with a Consumer Guarantee (other than certain guarantees about ownership and undisturbed use) is limited to: (i) replacing the goods or supplying equivalent ones; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent ones; or (iv) paying the cost of having the goods repaired; and (b) in relation to services, AC Blinds’ liability for failure to comply with a Consumer Guarantee is limited to; (i) supplying the services again; or (ii) paying the cost of having the services supplied again.
- Warranties and guarantees: You have the benefit of (a) the Consumer Guarantees described by clause 16 and (b) (after it is registered an activated) the written Warranty on Australia’s Cheapest Blinds website www.australiascheapestblinds.com.au. Subject to that, all other guarantees, warranties, terms, conditions, right and remedies in respect of Products are excluded.
- Service Call Charges Subject to the Consumer Guarantees, these apply after the first anniversary of installation or delivery.
- Other liability Subject to clause 16 and 17, AC Blinds is not liable to you for, and you release AC Blinds from and indemnify AC Blinds against, any harm, loss, damage, claim, demand, action (including without limitation, any indirect or consequential loss or damage) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of the supply or failure to supply Products, including but not limited to by virtue of breach of contract or negligence by AC Blinds or anyone for those acts and omissions AC Blinds is vicariously responsible.
- Force Majeure Subject to the Consumer Guarantees, AC Blinds is not liable for any breach of Contract to extent that the breach is due to circumstances beyond AC Blinds’ reasonable control.
- Governing Law Your Contract is governed by the laws and courts of the State where AC Blinds supplies Products to you, except that if AC Blinds does not have a permanent showroom and/or staff in that State, the law and courts of Victoria apply.
- Product information The Characteristics, Hints and Tips sheet supplied to you forms part of you Contract.
- GST: Prices and charges include GST.