Abbey Aluminium Terms and Conditions
TERMS AND CONDITIONS OF SALE
For purposes hereunder, “Business Day” means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made. “Customer” means the person to whom the Quotation is addressed and/or any person who accepts it. “Contract” means the contract for the sale of the Goods and the supply of the Services specified in the Order and subject to these terms and conditions of sale. The Customer is liable to pay to ABBEY ALUMINIUM PTY LTD and ABBEY ALUMINIUM PTY LTD may recover in full from the Customer all costs, expenses and disbursements incurred and / or payable by ABBEY ALUMINIUM PTY LTD (including debt collection agency fees and legal costs of a solicitor and own client basis) arising from or as a result of Abbey Aluminium exercising or enforcing or seeking or exercise or enforce a right under these Terms and Conditions or the accompanying Deed of Guarantee, Indemnity and Charge, and in particular, in collecting or attempting to collect amounts that are due to Abbey Aluminium. Such costs, expenses and disbursements may be recovered by ABBEY ALUMINIUM PTY LTD from the Customer as a liquidated debt. ABBEY ALUMINIUM PTY LTD may apply payments received from the Customer firstly to any costs, expenses and disbursements, then to interest and then to other amounts owed by the Customer.
DELIVERY OF THE WORKS:
We will supply ONE MAN to unload unless stated otherwise on the quotation. For large deliveries, the customer is required to provide 2 OR MORE PHYSICALLY ABLE ADULTS TO ASSIST in unloading materials from the trailer or utility. The Customer and or assistants indemnifies and will keep the ABBEY ALUMINIUM PTY LTD and its Associates indemnified from and against all actions, suits, proceedings, claims, liabilities, demands, costs, losses, damages and expenses of whatsoever, nature and howsoever occurring, brought against or made upon ABBEY ALUMINIUM PTY LTD or its Associates by the customer or by any other person or which ABBEY ALUMINIUM PTY LTD or its Associates may themselves pay, suffer, or sustain, arising directly, indirectly or in any other way connected with the customer or any other person participating in the unloading of material, whether in contract, tort (including negligence), breach of statutory duty or otherwise. This indemnity applies irrespective of any negligence on the part of ABBEY ALUMINIUM PTY LTD, its Associates or any other person.
After delivery, the care of goods lies solely with the customer. If at any time of such delivery the customer is absent from the site, delivery shall be deemed to have been made at the place nominated by the customer or ABBEY ALUMINIUM PTY LTD. Goods shall be deemed to have been delivered in good order and condition and if no person is present to accept the products. To the extent permitted by law, the Customer may only return Goods if a shortage, damage or another fault at the time of delivery is reported by the Customer to ABBEY ALUMINIUM PTY LTD within 24 hours of delivery and confirmed in writing within 7 days of such report. If the Customer fails to accept any part of the Goods which ABBEY ALUMINIUM PTY LTD has dispatched in conformity with the Contract and such part of the Goods is returned to ABBEY ALUMINIUM PTY LTD and re-dispatched subsequently, then ABBEY ALUMINIUM PTY LTD may, to the extent permitted by law, require the Customer to pay on demand a charge equal to double the current delivery charge. Any delay in our advised delivery date requested by the customer may incur a storage fee per day, of $50.00(inc GST) at ABBEY ALUMINIUM PTY LTD discretion.
It is ABBEY ALUMINIUM PTY LTD’s responsibility to ensure that the Works start as soon as it is reasonably possible. The Works commencement date will be put back and the completion date extended by whatever time is reasonable in the event that ABBEY ALUMINIUM claims an extension of time (by giving the Customer written OR verbal notice) where completion is delayed by an event beyond ABBEY ALUMINIUM PTY LTD’s control including but not limited to any failure by the Customer to Abbey Aluminium (a) weather; or (b) have the site ready for the Works; or (c) notify ABBEY ALUMINIUM PTY LTD that the site is ready. The failure of ABBEY ALUMINIUM PTY LTD to deliver shall not entitle either party to treat this contract as repudiated. ABBEY ALUMINIUM PTY LTD shall not be liable for any loss or damage whatsoever due to failure by ABBEY ALUMINIUM to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the control of ABBEY ALUMINIUM PTY LTD. RISK: Notwithstanding that ABBEY ALUMINIUM retains ownership of the Materials, all risk for the Materials passes to the Customer on delivery and installation to the site. If any of the Materials are damaged or destroyed following delivery to the site, but prior to completion of the Works, the Customer shall be liable for any costs incurred by ABBEY ALUMINIUM PTY LTD in replacing or repairing the Materials. If any Asbestos needs to be disturbed in any way. Work will stop and the owner will have to have it removed by professionals at their cost, not ABBEY ALUMINIUM PTY LTD. No responsibility will be taken for existing timber beams that may sag in the future. Uncovered paint lines around windows or door due to the installation is not covered by ABBEY ALUMINIUM PTY LTD. Any unforeseen problems such as steel or timber posts or, dry rot, electrical work, plumbing, white ants, Tiles and so on are NOT covered under the installation by ABBEY ALUMINIUM PTY LTD. ABBEY ALUMINIUM PTY LTD strongly recommends having a structural engineer look at the existing opening before the customer accepts installation of a top hung door or window.
CONDITIONS OF SALE:
ABILITY TO SUPPLY
ABBEY ALUMINIUM PTY LTD takes no responsibility for customer supplied measurements, adjustment charges will be applied should the items need to be resized. In some cases, the whole item may be charged again as it cannot be resized Installation of door panels, window sashes or glazing installation is not included and will incur an additional cost if required. Any obligation of ABBEY ALUMINIUM PTY LTD to supply Goods or Services is subject to its ability to secure labour, materials and other Services for the manufacture and supply of the Goods and Services. ABBEY ALUMINIUM PTY LTD shall not be liable in any way for failure to deliver the Goods and/or supply the Services within the stated time and the Customer may not reject the Goods and/or Services on account of such failure to deliver within the stated time. ABBEY ALUMINIUM PTY LTD shall not be liable for any failure to supply or deliver the Goods or Services due to strikes, fires, explosions, flood, riot, lock-out, injunction, interruption of transportation, accidents, war, governmental action or other circumstances beyond Abbey Aluminium control.
If for any reason ABBEY ALUMINIUM PTY LTD is unable to perform its obligations under the Contract, then ABBEY ALUMINIUM PTY LTD may at any time by notice in writing to the Customer terminate the Contract whereupon the Contract will be at an end and any deposit money paid by the Customer will be refunded by ABBEY ALUMINIUM PTY LTD and save for the recovery of the deposit neither party will have any claim against the other.
ABILITY TO INSTALL
ABBEY ALUMINIUM PTY LTD will remove rubbish resulting from installation of doors/windows made by ABBEY ALUMINIUM PTY LTD from the site. Blinds – Curtains – Pelmets – Plantation Shutters are not included as rubbish and are not to be removed from the site. Existing Blinds are too removed and replaced by others, not ABBEY ALUMINIUM PTY LTD. Some external awnings are attached to existing timber windows. No provision is made by the ABBEY ALUMINIUM PTY LTD to re-locate these fixings, as no fixings can be made to the new aluminium frames. Installation price is subject to site check measure. The installation price does not include any type of demolition or rebuilding of structural walls, gyprock, glass splashbacks or tiling. It does not include any asbestos removal. ABBEY ALUMINIUM PTY LTD will only replace existing windows and or doors into the pre-existing opening when installing our products. No allowance is made on the quotation for painting or filling of nail holes on any internal or exterior timber and gyprock work. The timber reveals and architraves are finger jointed primed pine reveals unless otherwise requested and stated in the quotation.
The quotation shall remain current for 30 days. ABBEY ALUMINIUM PTY LTD reserves the right to vary the prices after the lapse of 30 days,to the extent permitted by law. Quotations given for site glazing will remain valid for a period of 3 months from the date of completed manufacture of the Goods. ABBEY ALUMINIUM PTY LTD reserves the right to vary the charge after the lapse of 3 months, to the extent permitted by law. The quoted price is based upon the particular specifications of the Goods current at the time of Quotation. ABBEY ALUMINIUM PTY LTD reserves the right to vary the price if there is any variation in specification after the Order is placed, to the extent permitted by law.
ABBEY ALUMINIUM PTY LTD hereby guarantees all windows and door products, materials and on-site workmanship against any faults in the manufacture or finish for a period of (7) Years from the date of completion on the contract. This guarantee covers leakage due to faulty fabrication or faulty installation from our designated installer. It does not cover installations from third parties. The warranty does not apply and to the extent permitted by law ABBEY ALUMINIUM PTY LTD will not be liable: if the Goods have not been properly handled, installed and operated in accordance with Abbey Aluminium standard specifications and recommendations; if payment has not been received in full for the Goods. In respect of any fault or failure arising from misuse or damage to the Goods by the Customer where the Goods include doors and windows, locks, rollers and glass, wheels, hinges, fly screens, security screens and glass breakage. These items are not covered under manufacturer warranty unless deemed to be faulty by an ABBEY ALUMINIUM PTY LTD representative. ABBEY ALUMINIUM PTY LTD reserves the right to apply additional costs for a site inspection, where goods are found not to be faulty.
Requires a 50% deposit on the placement of order and outstanding balance required prior to or on delivery. Orders of $500 or less are required to be paid in full on the placement of the order.
Acceptance of the quotation, we will require a 10% deposit prior to check measure. If we require to provide a final confirmation in price, this will be done at check measure stage. An 80% progression payment is required prior to start date of installation services or delivery of products and the balance of 10% can be paid after the completion of installation work.
Detailed progress payment claims may be submitted by ABBEY ALUMINIUM PTY LTD in accordance with the specified payment schedule. Such payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed. Time for payment shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due fourteen (14) days following the date of the invoice. Payment will be made by cash, bank cheque, credit card, direct credit, or by any other method as agreed to between the Customer and ABBEY ALUMINIUM PTY LTD. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price. Failure to make payment within a reasonable time frame will forfeit the right to any product warranties or installations. Further fines may apply if the Invoice is passed onto third-party debt collectors.
To the extent permitted by law, the parties submit to the exclusive jurisdiction of the Courts located in the capital city of the Jurisdiction. The dispute must be determined in accordance with the law and practice applicable in the court. Unless otherwise stated in the Quotation, all glass shall be clear glass. It is expressly agreed that any variations in colour, powder coating or texture of any material used in the Goods shall not be a defect. If scaffolding is required it shall be the responsibility of the Customer. If hoisting facilities are required for the removal of the Goods from the delivery vehicle or for their installation those facilities shall all be the responsibility of and at the cost of the Customer.
In addition to delivery in person, via post and via facsimile, the customer agrees to have quotations, invoices and statements sent via email. The Customer agrees that email communications from ABBEY ALUMINIUM PTY LTD to the Customer constitute an “electronic communication” within the meaning of the Electronic Transactions Act 2000 (NSW). The Customer agrees that in agreeing to receive quotations, invoices and statements via email, and the service of notices via e-mail under the NSW Act 1999 or any like or similar legislation that may be applicable in the State or Territory where the goods were delivered to the Customer.