All Goods and services are supplied and delivered to the customer named hereon on the following terms and conditions: Application of terms: Unless otherwise agreed in writing, these terms apply to all orders placed with D&C Design. D&C Design reserves the right to alter these terms from time to time without notice to any customer. The altered terms will apply to all orders placed after the date when the alteration takes effect. Trading Terms: Receipt of a deposit of fifty percent and completed Quotation Acceptance and Terms & Conditions forms are required to activate the order. The job will not proceed to Manufacturing Schedule production stage until final site check measure is complete, and all fabrics received. The balance of payment must be made prior to goods being installed, collected or dispatched. Should you wish to view goods prior to installation, they will be available for inspection in the workroom. Payments: In respect of goods ordered a 50% deposit must be paid upon acceptance by D&C Design of the order and the balance must be paid for prior to delivery. However, in the event that the goods are completed ready for installation, but the site is delayed by a period greater than 30 days (thereby causing a delay in installation) , 75% of the balance will be due for payment at this time. If the customer requires delivery prior to installation, 100% of the balance is due prior to delivery. Acceptance: If this quotation is acceptable to you, please sign the document where indicated and return it with the stated deposit monies to our office as acknowledgement of your acceptance. Please note the person who signs this document acknowledges and accepts its terms and Conditions of sale as set out and hereby agrees to be personally liable and bound by its contents. No variation to this document will be accepted or become binding unless authorised and countersigned by D & C Design Pty Ltd. Cancellation: No order may be cancelled without the prior written consent of D&C Design, which may be granted or refused at its discretion. Repossession of goods: If payment in full is not made to D&C Design by the due date, the customer irrevocably grants to D&C Design or (where necessary) agrees to procure for D&C Design full and free licence to enter the site where the goods are installed and to repossess and remove the goods. The customer releases and indemnifies D&C Design from and against all claims, demands, actions, liability, damages, loss, cost and expense whatsoever arising out of or in consequence of such entry, repossession and removal and any damage necessarily caused thereby. Delivery: Completion of goods will be approximately 3-5 weeks from receipt of fabric and final site measure, re-upholstery 3 – 8 weeks and completion of shutters will be approximately 8 – 10 weeks Delivery dates or times indicated by D & C Design Pty Ltd are approximate only and do not constitute a guarantee of delivery at all or delivery by such date. Accordingly D & C Design Pty Ltd shall not be liable to the customer for any loss or damage suffered by the customer either directly or indirectly because of the delay in the supply of goods or services. Preparation for Installation: The customer is responsible for ensuring that its site has adequate, clear and safe access for delivery and installation of the goods. Fixing points must be adequate for proper and secure installation of the goods. The customer will be required to pay the cost of any modification to its site or the goods that is required to ensure a proper installation. D&C Design shall not be responsible for any loss, costs, damages, or expenses incurred or suffered by the customer because of the customer’s failure to comply with this clause. Ancillary works: The customer is solely responsible for all ancillary work required and costs incurred in connection with installation or repair of goods, including (without limitation) access, scaffolding hire, electrical work, decorating, repairing or making good. Hidden obstructions and indemnity: The customer must advise D&C Design of any hidden obstruction (including, without limitation, electricity, telephone and other communications cables and water, gas and drainage pipes) that may be encountered during installation of the goods. Whilst (where applicable) D&C Design will take all reasonable care in installation, it shall not be liable for any damage to any structure, surface or service. The customer will pay all costs incurred in consequence of any hidden obstruction and will indemnify D&C Design against all liability, loss, cost and expense that it incurs arising out of or in consequence of installation of the goods or damage to any structure, surface or service. Disposal of material: The customer is solely responsible for disposal of any material removed to enable installation of the goods. Changes to Site Conditions: This order has been accepted based on the final dimensions taken. Whilst the dimensions are the responsibility of D&C Design, if any obstruction is added at a later date that had not been previously brought to our attention and constitutes a re-work, all associated costs are to be charged accordingly to the client. Page 2 Installation Charges: The installation charge has been quoted and accepted based on one visit (unless specifically written on the quotation by the representative). If this is not possible due to the site not being ready, not being able to gain access, final finishes applied, services not in place or indeed items of that nature, then additional costs will be incurred and will be the responsibility of the Client – even if the instruction is given by another party (Builder etc.). Warranty: D & C Design Pty Ltd warrants its products under normal and proper use for the following periods. Notification of defective materials and equipment must be made within the warranty period. We will not be responsible for costs incurred in removal or re-installation of warranty claims. This warranty specifically covers products produced by D & C Design Pty Ltd. Motorised Control Units are not covered under this warranty. Dye lots and fabric specifications can vary. Child safety devices must be fitted to claim warranty. The warranty does NOT apply to: (a) any materials supplied by the customer, (b) any faults or failure due to any event or circumstance beyond the control of D&C Design that occurs after delivery or installation of the goods, (c) any faults or failure due to lack of proper and correct maintenance and use of the goods in accordance with the maintenance instructions provided, (d) any alterations to the goods. Internal Products The product produced by D & C Design Pty Ltd has a three (3) year warranty. The warranty only applies to a manufacturing defect to the product but does not extend to misuse of the product by the customer and does not extend to the cost of any tradesmen, fitter or subcontractor that is required to attend the location of the product. These costs will be charged to the customer at the normal rates. Damage to blinds is often due to windows being left open and the blinds left down. This is not covered by warranty. Warranty is on the product only. Goods must be returned to factory for warranty claims. External Products All external products carry a (3) three-year warranty, only if a Wind Sensor is installed. Our Warranty does not cover the cost of removal, re-installation or dispatch and it is not transferable. We do not warrant against abuse, water damage, incorrect installation or normal wear and tear. Conditions of Warranty: Any claim for warranty coverage must be made within 14 days of the date upon which the defect first became known or should have first reasonably been discovered. Written evidence of the purchase date must be provided if requested. Fabric: Fabric quantities are worked out on 1370mm wide with no Pattern Repeat unless otherwise stated. If fabric changes from these specifications, then fabric meterage may change. Fabrics are as supplied from the fabric company and do not have any additional fire retardancy treatment unless specified in quotation. Please ensure fabric details in the quote are correct, as orders will be placed using this information and D & C Design Pty Ltd will not be held responsible for incorrectly supplied fabric. As per the fabric company’s Terms & Conditions, possible movement of fabric 3%, also colour & dye lot variations of 3 – 5%. will not be held responsible for movement in fabrics. Curtains will move depending on the temperature, sun light and other factors. Industry standard is 3% (3m drop will move by as much as 30mm). If they drop, the cost to change the overall drop of curtains will be the customers responsibility. Floor to ceiling curtains may be affected by uneven floors or ceilings to which we cannot be responsible. It is the responsibility of the person who is supplying the fabrics to check correct meterage and faults for all fabrics. D & C Design Pty Ltd will not be responsible for incorrect meterage or faults once fabric is cut. Variation of Colour: Some variation in colour and texture can occur with fabrics and timbers. This is deemed acceptable. Remember, some samples are older and can vary from current stock. Variations in dye lots can occur. D & C Design Pty Ltd will not be responsible for such variations. On-Site Service: An on-site service can be arranged and charged out to customers at the normal rates. Standard Service Call in Melbourne Metro area $120.00 + GST. Plus parts and time if applicable. Roller Blinds: Fabric roll-off can occur on all roller blinds. This is an inherent nature of fabric. This is not covered under warranty, all blinds are checked & tuned both in the factory before they leave and on site by the installer on the day of installation. The main causes for roll-off are blinds being left down with windows open, pulling at the edges of the fabric and any insects being caught up in the fabric as it is rolling. Body Corporate: It is the responsibility of the customer to make sure the style of window furnishings and types of fabric and colour are acceptable to any body corporate or other similar governing body. D&C Design will take no responsibility or not be liable for incorrect / unacceptable fabric colour or window furnishings. Lien: Title to the goods manufactured and installed will not pass until payment has been made in full and D & C Design Pty Ltd will maintain a lien over such goods until such time as payment has been made. Governing Law: The contract for sale to which these terms relate shall be governed and construed in accordance with the laws for the time being in force in the State of Victoria, Australia and the parties agree to the exclusive jurisdiction of the Courts and Tribunals of that State.
