Terms and Conditions
Doorguys Australia Pty Ltd T/A
EASTERN SUBURBS GARAGE DOORS
A.B.N 68 123 237 936
- 1. FULL PAYMENT is required on completion of installation of the goods by the Company. Retention of any monies owing to the Company or alternative conditions of payment will not be recognized unless specifically stated in writing by the Company. Accepted methods of payment are for deposit and balance are cheque, direct deposit (CBA 062 205 Account 1022 2556) or credit card (Visa or MasterCard an additional 1.5%merchant fee applies).
- 2. ACCEPTANCE OF OFFER Once a quotation has been accepted by the buyer, it cannot be cancelled by the buyer. The supply of goods or services is subject to availability. The seller reserves the right to suspend or discontinue the supply of goods or services to the buyer.
- 3. PROPERTY OF THE GOODS specified in quotations shall not pass to the purchaser until the purchaser has paid to the company the total amount specified amount specified as door and/or operator costs stated in quotation. It is further acknowledged that it is the intention of the Company and the purchaser that the specified installed goods shall not become fixtures until payment in full has been made.
- 4. THERE IS NO TERM as to delivery date, although the approximate delivery date stated in quotations is estimated as accurately as possible in good faith having regard to existing conditions. Unless specifically accepted by the Company in writing, there is no liability whatsoever for failure to deliver the specified goods in the estimated time.
- 5. ALL REASONABLE CARE will be taken by the Company during the installation of the goods purchased BUT NO LIABILITY shall attach to the Company for any damage occasioned by any means whatsoever to electrical wiring, plumbing, masonry or rendered surfaces.
- 6. IRREVOCABLE LICENCE TO REMOVE. If payment in full is not made within the stipulated time, the Company is hereby granted by the purchaser an irrevocable licence to enter onto premises on which the specified goods are installed, for the purpose of repossessing and removing the same (in which the property remains in the Company pursuant to Clause 3 above) AND the Company shall not be liable for any loss or damage whatsoever incurred as the result of such repossession and removal unless caused by the intention reckless or negligent acts or omissions of the Company or its servants or agents.
- 7. THE RIGHT of the Company to lawfully remove from the said premises the specified goods on the terms stipulated shall operate as an encumbrance on the specified goods until payment has been made in full by the purchaser and property has thereby passed to the purchaser pursuant to Clause 3 above.
- 8. The Company acknowledges that all conditions and warranties implied by the Trade Practices Act (Commonwealth) 1974 and any other relevant Commonwealth, State or Territorial legislation AND which by law cannot be excluded, restricted or otherwise modified are included in these terms of sale AND THAT the purchaser's rights under such conditions and warranties are not affected by any additional conditions and/or warranties, and any qualifications to their operation, which are included in these terms pursuant to Clauses 9 and 10 below.
- 9. WARRANTY. The Company warrants that the goods installed are free from fault or failure for a specified time. Goods are covered by manufacturers warranty, timer periods will vary. EXCEPT when such fault or failure is due to or contributed by fire, tempest, water, acts of God or any intentional reckless or negligent acts of omissions on the part of the purchaser or of any person using or interfering with the said goods or equipment in any manner whatsoever and whether with or without the consent of the purchaser.
- 10. Subject to the provisions of Clause 8 above, no condition or warranty otherwise than expressly stated in the Terms shall be included in the contract between the Company and the purchaser AND any such express condition or warranty shall be void and unenforceable in the event of:-
- (a) the purchaser not making payment in full within the stipulate time, as specified in clause 1 above
- (b) any alteration whatsoever to the form, content or appearance of the specified goods installed, otherwise than with the consent of the Company in writing
- 11. It will be the responsibility of the customer to advise the Company of any underground obstructions (including telephone cables, water and drainage pipes, concrete and rock) likely to be encountered in the installation, and whilst all care will be taken the Company accepts no responsibility for damage occasioned to such underground obstructions. All additional costs incurred by the Company as a result of such underground obstructions will be to the account of the customer in addition to the quotation price.
- 12. Any warranty replacements will be 'like for like' replacements ie: same colour / profile / model / size / frequency (if item is still manufactured and available).
- 13. The Company has the discretion to accept the cancellation of any door orders, this request must be made in writing to the Company within 24hours of acceptance. Cancellation of orders will incur an administration fee of $180.
- 14. Customers must obtain necessary council approval (if required) for all works carried out.
- 15. No refunds/exchanges on handsets purchased (unless faulty or incompatible). Faulty handsets must be returned to the Company in order for exchange to proceed.
- 16. All claims in respect of goods supplied and/or installed must be made within seven days of receipt of installation.
- 17. In clauses 1 to 16 inclusive the words The Company" shall mean the registered Company Doorguys Australia Pty Ltd T/A Eastern Suburbs Garage Doors.