Terms and Conditions of Sale
1. General
• These terms and conditions (“Terms”) govern the sale of goods (“Products”) and services (“Services”) by The Blind Spot FNQ Pty Ltd (ABN: 71 675 697 711) to the customer. By placing an order with us, you agree to be bound by these Terms.
2. Orders and Payment
• Orders are confirmed upon acceptance of quote (written or verbal) and finalised by receipt of a deposit, all details are accepted as specified in the quote. Once accepted, the details of the quote are the customers responsibility. Orders cannot be changed or cancelled once quote has been accepted and deposit has been received. • Payment is due in full upon completion of installation unless otherwise agreed. We accept payments by bank transfer, credit card, and other methods agreed upon in writing. • In case of non-payment, we reserve the right to charge interest on overdue amounts and withhold further deliveries or services.
3. Pricing
• All prices quoted are in AUD and inclusive of GST unless otherwise specified. • Quotes are valid for 30 days from the date issued. After this period, we may adjust prices to reflect current rates.
4. Delivery and Installation
• Delivery dates are estimated and may be subject to change. Delays do not constitute grounds for cancellation unless they are unreasonably prolonged. • Installation services include basic fitting as per product specifications. Additional charges may apply for non-standard installations or custom requirements. Once and installation has begun, if unforseen issues arise causing inability to perform a standard installation it is up to the customer to rectify to allow standard installation to continue.
5. Ownership and Risk (Romalpa Clause)
• Retention of Title: Ownership of the Products remains with The Blind Spot FNQ Pty Ltd until full payment has been received and cleared for all Products and Services. • Risk Transfer: Risk in the Products transfers to the customer upon delivery. The customer is responsible for insuring the Products from the time of delivery. • Right to Recover Goods: In the event of non-payment, we reserve the right to reclaim any Products supplied that remain unpaid. The customer grants us permission to enter any premises where the Products are stored to repossess them. Any damages caused to property during this recovery are the responsibility of the customer. • Resale of Goods: Until ownership passes to the customer, the customer must not sell, lease, or otherwise deal with the Products. If the customer sells the Products before ownership passes, they hold the proceeds in trust for The Blind Spot FNQ Pty Ltd.
6. Product Functionality and Customer Responsibility
• Our Products are designed and manufactured to function as intended based on the specifications provided. However, individual results may vary due to differences in installation environments, usage, and maintenance.
• It is ultimately the customer’s responsibility to ensure that the selected Products are suitable for their specific needs, preferences, and environment. We encourage customers to thoroughly review product specifications, consult with our team if needed, and make any necessary measurements or assessments prior to purchase.
• We do not guarantee that the Products will meet all individual expectations if they differ from the intended design and specifications of the Product.
7. Returns & Refund Policy
• We abide by the guidelines set out by Australian Consumer Law. Therefore, our refund and return policy is as follows: • Faulty Products: If a product has a major fault that cannot be repaired or replaced, we will offer a refund, replacement, or repair, as applicable. • Minor Faults: For minor defects, we will repair or replace the product at no cost within the warranty period. • Change of Mind: Returns or refunds for change of mind are not accepted. Custom-made blinds and awnings cannot be resold and are not eligible for return. • If a fault is reported within a reasonable time frame, we may arrange an inspection to determine the appropriate remedy. • To qualify for a refund or replacement, you must notify us and provide proof of purchase.
8. Warranty Policy
• We offer a warranty on all products for the duration specified in the quote and invoice provided to the customer. • The warranty period typically includes: • Blinds and Awnings Products: up to 10 years - Duration varies by product. • Installation Warranty: 12 months on installation workmanship from the date of completion unless otherwise agreed. • Our warranty covers only defects resulting from faulty materials or workmanship. • The warranty does not cover damage caused by: • Misuse or abuse, including improper cleaning methods. • General wear and tear or changes in appearance due to sunlight exposure. • Unauthorized repairs or modifications. • If a product is found defective within the warranty period, we will, at our discretion, repair or replace it free of charge.
9. Limitation of Liability
• To the extent permitted by law, The Blind Spot FNQ Pty Ltd is not liable for any indirect, special, incidental, or consequential damages arising from the use or inability to use our products. • Our liability for any claim under these Terms is limited to the replacement, repair, or refund of the products, at our discretion, and does not exceed the purchase price paid.
10. Defamation and Public Statements
• We are committed to providing high-quality products and services, and we aim to resolve any issues or concerns professionally and fairly.
• The customer agrees not to make any public statements, reviews, or comments (in any media, including social media) that may be defamatory, false, misleading, or damaging to our reputation or goodwill.
• If a customer has a complaint or issue, we encourage them to contact us directly to seek a resolution before making any public statements.
• In cases where defamatory, false, or misleading statements are made, we reserve the right to take legal action to protect our reputation and may seek damages for any harm caused.
11. Consumer Guarantees
• Our goods come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for major failures and compensation for other foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality, and the failure does not amount to a major failure.
12. Governing Law
• These Terms are governed by the laws of Queensland, and any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Queensland. The Blind Spot FNQ Pty Ltd 2024
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