Terms and Conditions
Terms and Conditions of Sale and Installation
a. “Conditions” means the condition of sale
b. “Customer” means the person or corporation to whom the quotation is addressed
c. “Products” means custom made doors, blinds, awning, shutters and or all other goods and services supplied by Wynstan to the customer pursuant to the quotation
d. “Quotation” means the quotation given by Wynstan to the customer in conjunction with these conditions
e. “Wynstan” means Wynstan Designs Pty Ltd ABN 98 120 486 099 of 6 Foray Street, Yennora NSW 2161.
2. These Conditions are incorporated into the quotation given to the customer for the supply of Products by Wynstan as specified on the quotation.
3. The prices quoted are valid for thirty (30) days from date as indicated on written, unless otherwise stated in writing by Wynstan. This does not apply to advertised specials’.
4. Prices quoted as inclusive of GST.
5. Upon receipt of the customer’s acceptance of the quotation, Wynstan reserves the right to review the quotation prior to commencement. The quotation is subject to correction, for clerical or mathematical errors.
6. Wynstan reserves the following, upon confirmation and acceptance of the quotation
a. Require a 50% deposit to proceed with the order.
b. Require final payment to be paid to a Wynstan Showroom on collection of the goods, or to the Installer, at the time of installation.
7. All orders are COD unless prior arrangements have been for a credit account which are due for invoice by 23rd of month end of the current month of invoice, created 24th of month are due the end of the next month.
8. Forms of payment accepted for COD orders are cash, cheque, eftpos, mastercard, visa card and American Express (a surcharge applies for all credit transactions and is subject to change without notice).
9. Any additional costs outside the contract agreement due to the Customer’s cause will be passed on to the Customer as an adjustment to the balance owed.
10. Any debt collection charges, legal expenses and collection agent’s commissions incurred in attempting to recover any outstanding payment shall be payable by the customer. Interest shall be charged on overdue accounts at 2.5% per month compounding.
11. Privacy Act 1988
a. The Customer agrees for Wynstan to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by Wynstan.
b. The Customer agrees that Wynstan may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency to assess an application by Customer; and/or to notify other credit providers of a default by the Customer; and/or to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or to assess the credit worthiness of Customer.
c. The Customer consents to Wynstan being given a consumer credit report to collect overdue payment on commercial credit in accordance with Section 18K(1)(h) of The Privacy Act 1988
d. The Customer agrees that personal credit information provided may be used and retained by Wynstan for the provision of Products; and/or marketing of Products by Wynstan, its agents or distributors in relation to the Products; and/or analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Products; and/or processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or enabling the daily operation of Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Products, and for other purposes as shall be agreed between the Customer and Wynstan or required by law from time to time
e. Wynstan may give information about the Customer to a credit reporting agency to obtain a consumer credit report about the Customer; and/or allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
12. The warranty of all products shall be three (3) years limited warranty; this is additional to the conditions under Australian Consumer Law. This warranty is only valid when the products have been have been fully paid for and does not cover normal wear and tear, including fading on or of fabrics and other materials. This warranty does not cover accidental damage, misuse, or incorrect installation from the Customer. Full details of our warranty can be found in our Warranty and Care Guide.
13. Wynstan will supply a safe storage, for a maximum of one month, where prior arrangement and balance has been paid.
14. Wynstan accepts no responsibility in the customer’s final selection of products, colour and fabrics.
15. Any date fixed for completion, of any work by Wynstan, is fixed in the light of circumstances existing at the date hereof. Wynstan will not be responsible for delay in completing, or failure to complete such work, caused by circumstances for which Wynstan is not responsible for, or has no control over (including but not limited to transport strikes, industrial disputation, manufacturing or fabric delays, etc.)
16. This order is given on the basis that all work is carried out during normal working hours, unless otherwise arranged and quoted for.
17. Title to the goods does not pass until the Customer has paid all monies owing to Wynstan on any account in full.
18. Wynstan will not be liable for any loss or damage whatsoever suffered by the customer as a result of any act, omission or statement made by Wynstan, its employees, contractors, or agents whether in contract, negligence or howsoever otherwise, except that nothing in these Conditions limits any liability imposed by any statute, unless or to the extent that it is lawful to do so.
19. Wynstan does not accept responsibility for the manufacturing of products to the measurement supplied by the Customer, if those measurements are incorrect. Any alterations to products will be at the customer’s expense. Wynstan does not install products manufactured to the Customer’s own measurements.
20. Variations of shade can occur in the manufacturing of different products and materials supplied under these conditions. Wynstan will take the best effort but can not assume responsibility for variations in colour or grain structure.
21. Measurements are shown for production only, and may not necessarily be the finished size of the Product.
22. Wynstan accepts no responsibility for changes in length, shrinkage or dropping of Products or material, and Wynstan shall not be liable in any way for loss or damage as a consequence thereof. Any alterations due to this will be charged.
23. Wynstan takes no responsibility for the structural imperfections of the Customer’s home.
24. It is the customer’s responsibility to ensure there is a suitable fixing point prior to installation. Items are to be cleared from in front of the installation area to allow a 1 meter access to the area at the time of installation. Where customers are responsible for the removal of any existing coverings, a charge will apply if a Contract Installer is required to remove any existing coverings on the actual date of installation and the contractor will not be liable to repair any holes or chipping on removal of any products.
25. Installations of Products at a height over three (3) metres may be subjected to additional charges for scaffolding, high ladders and safety equipment.
26. The Customer agrees that these Terms and Conditions of Sale shall be constructed according to the laws of the State or Territory of a Country as Wynstan may in its sole discretion determine, Proceeding may be instituted and/or continued on such State or Territory of a Country as Wynstan may in its sole discretion determine, Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court setting in the state of New South Wales in Australia applying the laws for the State of New South Wales in Australia.