Terms & Conditions (“Terms”)

Last Amended: March 27, 2023

These terms and conditions relate to the purchase, or possible purchase, of Window coverings from BANKSIA BLINDS & CURTAINS (BANKSIA BLINDS). This is an important document so please read and understand the conditions prior to accepting BANKSIA BLINDS quotation and giving BANKSIA BLINDS the go-ahead to supply your window coverings.

These Terms and Conditions and the order/quote comprise the full agreement, unless the Competition and Consumer Act 2010 applies.

(Please note that email agreement as go-ahead of the quotation is taken to be tacit agreement to these terms and conditions.)

BANKSIA BLINDS RIGHTS AND OBLIGATIONS

1. All blinds, curtains and shutters are made to measure products and are made to measurements taken by representatives of BANKSIA BLINDS.

2. It is assumed that the windows/recesses are square, and the Window coverings are made square.

3. With all window coverings there will always be light gaps and a certain amount of light glow that bleeds around the edges. BANKSIA BLINDS does its best to minimise this but in most cases it is unavoidable.

4. CURTAINS: Please note that due to the nature of fabric, slight variance may occur in the finished size. This may be due to the composition of the fabric or due to weather conditions. BANKSIA BLINDS tries to achieve a drop that finishes approx 10mm from the ground, but the exact drop cannot be guaranteed.

5. Any time frames given for delivery and installation are purely estimates and BANKSIA BLINDS cannot be held responsible for any delays incurred

6. ACCEPTANCE AND PAYMENT: On acceptance of the quote, a 50% (or agreed amount) deposit is required prior to us commencing production. Again, payment of this deposit is taken as tacit agreement that the Customer has read, understood and agreed to the terms and conditions herein. Once the order is ready for installation, the balance will be required.

7. Please note that if payment has not been made in full prior to installation, the goods remain the property of BANKSIA BLINDS until such time as payment in full has been received. Should payment not be received, the customer will be liable for any and all expenses related to recovery of the debt, including all legal fees. If any discounts had been applied to the invoice and full payment is not made, BANKSIA BLINDS also reserves the right to withdraw the discount given.

8. Should the customer choose to cancel the order once acceptance of the order has been given, BANKSIA BLINDS may, depending on where in the process of manufacture the cancellation is given, refuse to accept this cancellation, but will not do so without good reason. In any case, a cancellation/admin fee of $150, or 10%, of the total invoice value may apply , and will be deducted from any refund given against the deposit.

9. Once the goods are ready, BANKSIA BLINDS will contact the Customer to arrange a suitable date and time to install.

10. Installation will be done by BANKSIA BLINDS or by capable representatives nominated by BANKSIA BLINDS

THE CUSTOMER’S RIGHTS AND OBLIGATIONS

1. By signing acceptance of the quote and/or paying a deposit, the Customer acknowledges that the Customer has read and understood the terms and conditions of this agreement and agrees to be bound by them.

2. To commence the Order the Customer must pay to BANKSIA BLINDS a deposit of not less than 50% (or agreed amount) of the Purchase Price.

3. The Customer acknowledges that BANKSIA BLINDS will normally commence the manufacture or ordering process of the Window coverings within 24 hours of the quote being signed. If the Customer cancels the Order after BANKSIA BLINDS commences manufacture then the Customer forfeits the deposit referred to in paragraph 6 and must pay the balance.

4. The Customer may only vary the Order if the Customer and BANKSIA BLINDS are able to agree on a new purchase price for the Window coverings. Any variations to the contract must be in writing.

5. The Customer acknowledges that materials and components can be liable to variations from those shown due to differences between production runs. While BANKSIA BLINDS must do all it reasonably can to ensure that the materials used for the Window coverings matches the sample chosen by the Customer, the Customer acknowledges that BANKSIA BLINDS does not promise that an exact match, in colour or pattern, will be achieved, and the Customer must not make any claim against BANKSIA BLINDS where any such variations occur.

6. Recommended industry guidelines for faults can be found at the following link for the Blind Manufacturers Association of Australia. Imperfections not visible with the naked eye in natural daylight at a distance of 1.2 metres is acceptable http://bmaa.net.au/wp-content/uploads/2014/10/Industry-Guideline-Final.pdf

7. The Customer acknowledges that all Window coverings must be maintained with regular cleaning and maintenance and operated in accordance with any operating instructions provided by BANKSIA BLINDS. Failure to do so may void the product warranty. Please follow this link to see details of all product warranties

8. The Customer acknowledges that all products have tolerances and performances standards are deemed acceptable by industry standards.

9. On the agreed installation date the Customer must give the installer safe and adequate access to where the Window coverings are to be installed.

10. 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 coverings and BANKSIA BLINDS will not be held liable for any damage caused.

11. In addition, the Customer acknowledges that BANKSIA BLINDS cannot accept responsibility for sub-standard fixing points where Window coverings are to be installed.

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