Terms & Conditions of Sale

TERMS AND CONDITIONS OF SALE

These are the entire Terms and Conditions of Sale of all goods, merchandise and services (Goods) supplied by ABBEY ALUMINIUM AUSTRALIA PTY LIMITED  (ABN 61 100 282 424) and any associated and related companies or businesses and its subsidiaries trading under various business names (all of which are referred to as ABBEY ALUMINIUM) to any person, firm or company placing an order with ABBEY ALUMINIUM for the purchase of any Goods (Customer). Except as otherwise expressly agreed upon in writing between a duly authorised officer of ABBEY ALUMINIUM and the Customer, these Terms and Conditions shall apply notwithstanding any provisions to the contrary which may appear on any order form or other document issued by any Customer, or any other contract executed by the Customer and ABBEY ALUMINIUM. Any supply of Goods by ABBEY ALUMINIUM to the Customer made after the date of acceptance of these Terms and Conditions is a supply pursuant to the supply agreement constituted by these Terms and Conditions and the relevant order accepted by ABBEY ALUMINIUM in respect of any such supply does not give rise to a new or separate Agreement.

  1. DEFINITIONS AND INTERPRETATION

1.1 “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.

1.2 “Customer” means any person, firm or company placing an order with ABBEY ALUMINIUM for the purchase of any Goods and to whom the Quotation is addressed and/or any person who accepts the Quotation.

1.3 “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.

1.4 “Courts” means, in relation to a Jurisdiction, those courts and tribunals exercising jurisdiction in that Jurisdiction, including any competent Federal court exercising jurisdiction in that Jurisdiction.

1.5 “Domestic Building Acts” means:

1.5.1 the Home Building Act 1989 (NSW);

As amended from time to time, and includes any other laws or regulations which imply certain warranties into the contract between ABBEY ALUMINIUM and the Customer.

1.6 “Glass” means Goods made out of glass and the components of glass within an ABBEY ALUMINIUM Good, including splashbacks, mirrors, glass components of windows and doors, and glass components of shower screens. This definition of Glass does not include IGU or THS, which have their own separate meaning.

1.7 “Goods” means the Goods, merchandise, and services the subject of the Quotation.

1.8 “IGU” means insulated glass units.

1.9 “Inter-related account” means an account where:

(a) the relevant Customer or guarantor(s) are the one and the same as those of another account held with ABBEY ALUMINIUM; or

(b) is an account where:

(i) the Customer or its guarantor(s) are a “related entity” of a second Customer holding an account with ABBEY ALUMINIUM; or

(ii) The guarantor(s) of the second Customer are a “related entity” to the relevant first Customer or its guarantor(s) for the purposes of the Corporations Act 2001.

1.10 “Order” means the acceptance of the Quotation in whole or in part by the Customer.

1.11 “Person” includes companies.

1.12 “Quotation” means the document issued by ABBEY ALUMINIUM outlining its estimate of the cost for the provision of specified Goods and Services.

1.13 “Services” means the Services, if any, to be supplied with the Goods and the subject of the Quotation.

1.14 “THS” means toughened and heat strengthened glass goods.

1.15 Headings are for convenience only and do not form part of these terms and conditions of sale.

1.16 Reference to the singular includes the plural and the plural includes the singular.

1.17 Reference to one gender includes the other.

  1. PLACING ORDER

     CHECK LIST

  • Please check your quotation carefully and ensure all details, glass, quantities, hardware, colour and sizes are correct.
  • Diagrams on this quotation depict units as being VIEWED FROM OUTSIDE of the building looking in.
  • All nominated sizes exclude the reveal width and are aluminium frame size only.
  • All windows and doors are sliding or opening the correct way, hinged doors are confirmed to open in/out?
  • Finger Jointed Primed Pine Reveals will add 36mm to 40mm to the aluminium size of products

2.1 To proceed with a quotation and you have signed and paid a deposit, you are bound by the Terms and Conditions of Abbey Aluminium.

2.2  Any person who accepts the Quotation warrants he is the duly authorised agent of the Customer for the purpose of placing the Order. An Order is deemed to have been accepted by the Customer upon the signing of the Quotation and/or payment of a deposit. By accepting the Order the Customer is deemed to have read and understood the ABBEY ALUMINIUM terms and conditions of sale.

2.3 No quotation by ABBEY ALUMINIUM shall constitute an offer.

2.4 ABBEY ALUMINIUM reserves the right to accept a part order by notifying the Customer in writing or by delivering the Goods to the Customer.

2.5 The Customer acknowledges that ABBEY ALUMINIUM has no obligation to agree to provide, or continue to provide any credit facilities to the Customer. The Customer is not entitled to any credit facilities until it receives notice from ABBEY ALUMINIUM to that effect and ABBEY ALUMINIUM may at any time by notice to the Customer reduce, vary or terminate any such credit facilities. Any credit limit that may apply from time to time in respect of credit facilities is for the administrative convenience and solely for the benefit of ABBEY ALUMINIUM and such credit limit does not constitute a term of this agreement nor of any Deed of Guarantee, Indemnity and Charge in respect of the obligations of the Customer.

2.6.1 Should ABBEY ALUMINIUM exercise its rights under clause 2.4 to reduce, vary or terminate any such credit facilities ABBEY ALUMINIUM may refuse to deliver further Goods to the Customer unless such Goods are paid by the Customer in cash before delivery.

2.7  The Customer must check all details of the Goods in the Quotation and/or Order form in relation to quantities, description, sizes, dimensions, colour, glass (if not clear float) and accessories. Unless otherwise represented by ABBEY ALUMINIUM, to the extent permitted by law, ABBEY ALUMINIUM will not be liable for any incorrect details of the Goods in relation to quantities, description, sizes, dimensions, colour, glass (if not clear float ) and accessories.

2.8 CHANGES TO AN ORDER

  1. Once the quotation has been accepted and materials have been ordered, changes thereafter will incur a fee for any additional cost of labour and materials as required.
  2. It is not possible to accept cancellations or provide refunds after placing a Supply Only order.
  3. For Installation Services it is only possible to accept a cancellation or provide a refund prior to check measure or within 24hours after check measure has occurred. After 24 hours from Check Measure it is not possible to provide  a refund or cancellation of the order.
  4. Any changes required are to be submitted by email to E: sales@abbeyaluminium.com.au
  1. TERMS OF PAYMENT

 

   SUPPLY ONLY PAYMENT SCHEDULE 

  1. A 50% deposit is required on the placement of order, progression payments may be required depending on the total cost of the quotation.
  2. Orders of $500 or less are required to be paid in full at time of order.
  3. Outstanding balances are required to be paid prior to or on delivery.
  4. A quotation that contains both Supply Only and part Installation, then the payment schedule will reflect that of a Supply Only Payment Schedule.

     INSTALLATION PAYMENT SCHEDULE 

  1. Installation quotations 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)

  1. An 80% PROGRESSION payment is required prior to start date of manufacturing and or installation services.
  2. The FINAL balance of 10% can be paid after the completion of installation work.

3.1 Unless ABBEY ALUMINIUM otherwise determines, payment terms  for account holders are thirty (30) days from end of month of delivery and any deviation from these terms must be agreed to in writing between ABBEY ALUMINIUM and the Customer. In situations where payment terms are not provided to a Customer and subject always to any restrictions imposed by the Domestic Building Acts, the Customer must make a 50% deposit payment in full at the time of placing the Order and final 50% Balance prior to receiving the order or on pick up.

3.2 Unless otherwise agreed in writing by ABBEY ALUMINIUM, all invoices and statements will be issued by email, to the email address nominated by the Customer. If the Customer requests that the invoices and statements are to be sent to it by post, in hardcopy paper form, ABBEY ALUMINIUM reserves the right to charge the Customer a paper account fee per month. It is agreed between the parties that this fee is agreed as the liquidated cost of issuing a paper invoice. The fee is payable simultaneously with the account invoice to which it relates to.

3.3 The Customer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless agreed to by ABBEY ALUMINIUM in writing. Customers who have overdue accounts are precluded from participating in any special deals, discounts, bonus payment redemptions, rebates and all other incentive programs until their accounts are paid up to date.

3.4 If at any time monies are overdue or any trading account the Customer maintains with ABBEY ALUMINIUM is in arrears, then at the option of ABBEY ALUMINIUM (but subject always to any restrictions imposed by the Domestic Building Acts) the whole account balance shall become immediately due and owing by the Customer.

3.5 ABBEY ALUMINIUM may, at its absolute discretion, charge interest on all overdue accounts at the published monthly Reserve Bank of Australia cash rate plus two (2) percent per month calculated and payable daily, compounded from the due date until the invoice is paid in full.

3.6 ABBEY ALUMINIUM will charge a reasonable administration fee for any payment made by credit card and the amount to be charged will be advised to the customer at the time of placing the order.If ABBEY ALUMINIUM is required to deviate from the Quotation in order to fulfil the Order, ABBEY ALUMINIUM may, in its absolute discretion, charge the Customer to the fullest extent permitted by law for any additional costs incurred by ABBEY ALUMINIUM in so doing. A certificate signed by an authorised representative of ABBEY ALUMINIUM shall be prima facie evidence of the amount of indebtedness of the Customer to ABBEY ALUMINIUM at that time.

3.7 The Customer is liable to pay to ABBEY ALUMINIUM and ABBEY ALUMINIUM may recover in full from the Customer all costs, expenses and disbursements incurred and / or payable by ABBEY ALUMINIUM (including debt collection agency fees and legal costs on a solicitor/client basis) arising from or as a result of ABBEY ALUMINIUM’s exercising or enforcing or seeking to 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 due to ABBEY ALUMINIUM. Such costs, expenses and disbursements may be recovered by ABBEY ALUMINIUM from the Customer as a liquidated debt. ABBEY ALUMINIUM 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.

3.8 Where ABBEY ALUMINIUM, in its absolute discretion, determines that any one or more inter-related accounts is non-compliant with the Terms of Payment under clause 3 of these Terms and Conditions then ABBEY ALUMINIUM may elect to suspend the supply of Goods and/or cancel any or all inter-related accounts whereby invoices rendered to all inter-related accounts shall become immediately due and payable to ABBEY ALUMINIUM.

  1. ABILITY TO SUPPLY

     4.1 SUPPLY OF PRODUCTS

 

  1. Customer acknowledges that the signature on the quotation implies that all details, glass, quantities, hardware, colour and sizes are correct.
  2. If reveals are requested, they will be supplied as Finger Jointed Primed Pine Reveals attached to the aluminium frame thus increasing the frame size.
  3. Abbey Aluminium takes no responsibility for customer supplied measurements.
  4. No protection to windows and doors is provided unless specified in quotation .
  5. No angles are included in the quote unless specified.
  6. Nailing fins come standard on residential frames unless requested to be removed.
  7. Fixing brackets are not included unless specified on the quotation.
  8. Client is responsible for the installation of all flyscreens and handle mechanisms.
  9. Restrictors are not included unless specified by the client.
  10. If specified on the Quotation, large frames at times can be delivered in knock down condition which means the client is responsible to screw frames together
  11. All door frames and door panels come separately, the client is responsible for the installation of the frame, the panel adjustments. If maintenance is required for poor installation then a cost will be incurred to the customer.
  12. Unless specified in the quote, NO onsite glazing is covered by Abbey Aluminium for windows or doors.
  13. Subsills on Residential Products are not provided unless requested.
  14. Client is responsible for waterproofing

4.2   INSTALLATION BY ABBEY ALUMINIUM

  1. Quotations that contain part Supply and part Installation services, your quote will be subject to the Terms and Conditions of Supply Only Payment. The full amount is to be paid for installation services prior to install unless a prior written negotiation has taken place through correspondence such as emails.
  2. We will provide ONE check measure (additional check measures will incur a charge)
  3. We will remove existing windows and or doors and dispose of this rubbish. Blinds – Curtains – Pelmets – Plantation Shutters are not included as rubbish and will not to be removed from the site.
  4. Existing Blinds are too be removed and replaced by others, not Abbey Aluminium. Customer is to be aware these items may not fit back into the replaced window or door product/AREA.
  5. Installation price is subject to site check measure.
  6. Where required, the supplied timber reveals and architraves are Finger Jointed Primed Pine Reveals unless otherwise requested and stated in the quotation.
  7. Quotation does not include cleaning of windows and doors or removal of furniture to access work area location.
  8. Installation does not include any type of demolition or rebuilding of structural walls, gyprock, glass splashbacks or tiling. Painting or filling of nail holes on any internal or exterior timber or any asbestos removal.
  9. Abbey Aluminium will only replace existing windows and or doors into the pre-existing openings when installing our products and no provision is made to re-locate or remove any external awning fixtures or safety bars that are attached to existing windows to be replaced.
  10. 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 own cost, not Abbey Aluminium.
  11. Uncovered, broken, chipped or torn gyprock, cement render, paint lines around windows or doors due to the installation is not covered by Abbey Aluminium.
  12. Any unforeseen problems such as steel or timber posts or, dry rot, window & door headers falling in during installation, electrical work, plumbing, white ants, tiles cracking or chipped gyprock, existing timber beams that may sag. These are NOT covered under the installation or Warranty by Abbey Aluminium. The client will be responsible for any rectification works.
  13. Abbey Aluminium strongly recommends having a structural engineer look at the existing opening before the customer accepts installation of a top hung door or window product.
  14. Abbey Aluminium may refuse to attend a site or continue with installation that is considered to be a WHS risk to our installers or employees.

4.3  Any obligation of ABBEY ALUMINIUM 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.

4.4 ABBEY ALUMINIUM 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 nor will they be relieved from any obligation to pay for the Goods on account of such failure to deliver within the stated time.

4.5 ABBEY ALUMINIUM 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, and interruption of transportation, accidents, war, governmental action or other circumstances beyond ABBEY ALUMINIUM’s control.

4.6 If for any reason ABBEY ALUMINIUM is unable to perform its obligations under the Contract, then ABBEY ALUMINIUM 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 and save for the recovery of the deposit neither party will have any claim against the other.

  1. PRICES

5.1 Except for sub-clause 5.2, the prices on the Quotation shall remain current for thirty (30) days. ABBEY ALUMINIUM reserves the right to vary the prices after lapse of thirty (30) days to the extent permitted by law.

5.2 Quotations given for site glazing will remain valid for a period of three (3) months (AUSVIEW 30 days) from date of completed manufacture of the Goods. ABBEY ALUMINIUM reserves the right to vary the charge after the lapse of three (3) months (AUSVIEW 30 days), to the extent permitted by law.

5.3 The quoted price is based upon the particular specifications of the Goods current at the time of Quotation. ABBEY ALUMINIUM reserves the right, to the extent permitted by law, to vary the price and the Customer agrees to pay such varied price if:

5.3.1 there is any variation in specification after the Order is placed; or

5.3.2 additional costs are incurred by ABBEY ALUMINIUM from the imposition of a special site allowance, or allowances applying to a project of which ABBEY ALUMINIUM was not advised of in writing before the date of the Quotation or where special site allowances that apply to a project have not been allowed for. Such additional costs relating to new or additional site allowances must be paid for by the Customer to ABBEY ALUMINIUM as amounts payable in addition to the sum stated in the Agreement;

5.3.3 the invoice price or contract price is varied as a consequence of currency fluctuations, taxes, customs duty or other imposts. Notwithstanding any other clause of these terms and conditions of sale, if any supply by ABBEY ALUMINIUM is subject to Goods and Services Tax (GST), the Customer must, unless the price on the Quotation expressly states that GST is included, pay an additional amount to ABBEY ALUMINIUM. The additional amount:

5.3.4 is equal to the price payable by the Customer for the relevant supply multiplied by the prevailing GST rate; and

5.3.5 is payable at the same time and in the same manner as the price for the supply to which the additional amount relates.

5.4 The Customer must pay to ABBEY ALUMINIUM all charges, duties, imposts, taxes (including any goods and services taxes and sales taxes) and similar amounts payable in relation to the sale or supply of any Goods or services by ABBEY ALUMINIUM to the Customer.

5.5 The Customer is not entitled to make any claim upon ABBEY ALUMINIUM if any amounts are outstanding from the Customer to ABBEY ALUMINIUM. The Customer is not entitled to set off any amounts against any amounts owed by the Customer to ABBEY ALUMINIUM unless specifically agreed to by ABBEY ALUMINIUM in writing. ABBEY ALUMINIUM may at any time set off amounts owed by ABBEY ALUMINIUM to the Customer against any sums owed by the Customer to ABBEY ALUMINIUM.

  1. DELIVERY

6.1 Abbey Aluminium will supply ONE MAN to unload, the customer is required to provide 1-2 OR MORE PHYSICALLY CAPABLE ADULTS TO ASSIST in unloading materials from the trailer or utility.

6.1.2 (NOTE: Installation Projects do not require anyone to provide assistance to the Driver or Delivery Unload)

 

6.1.3If the quotation states ‘delivery’ this means we will provide ONE Delivery service of the products listed in the quotation. This includes off loading from the truck to a distance of 5metres and at ground level only or street frontage on steep blocks.

Additional deliveries will incur a delivery charge.

6.1.4  The Customer authorises ABBEY ALUMINIUM to deliver Goods to the place nominated by the Customer and to leave the Goods at such place whether or not any person is present to accept delivery. ABBEY ALUMINIUM shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the Customer’s nominated delivery address.

6.2 ABBEY ALUMINIUM reserves the right to charge the Customer packing, crating and delivery charges in accordance with ABBEY ALUMINIUM’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall apply.

6.3 Delivery of the Goods shall be deemed to occur when they are handed to the Customer or his representative or are delivered to the premises or site or carrier nominated by the Customer and the Goods shall thereafter be at the Customer’s risk.

6.4 Upon the signing of a delivery docket unless the contrary is noted in that docket, the Goods shall be deemed to have been delivered in good order and condition and if no person is present to sign the delivery docket then the Goods will be deemed to have been delivered in good order and condition.

6.5 To the extent permitted by law, the Customer may only return Goods if a shortage, damage or other fault at the time of delivery is reported by the Customer to ABBEY ALUMINIUM within twenty four (24) hours of delivery and confirmed in writing within seven (7) days of such report. Any goods that have been modified at the request of the Customer will not be accepted for return. ABBEY ALUMINIUM reserves the right at its absolute discretion to charge a restocking fee of 15% of the Purchase Price of any Goods returned, which may be deducted from any refund. The Customer agrees that the restocking fee is a genuine pre-estimate of damages and not a penalty.

6.6 The Customer agrees to accept delivery of the Goods or to make alternative delivery arrangements within seven (7) days of ABBEY ALUMINIUM notifying the Customer that the Goods are available for delivery. To the extent permitted by law, ABBEY ALUMINIUM reserves the right at its absolute discretion to charge a minimum fee of $50 plus two (2) percent of the order value per week or part thereof, if the Customer fails to accept or make alternative arrangements for delivery within seven (7) days of being advised that delivery is ready. The Customer agrees that such fee and percent of order value is a genuine pre-estimate of damages and not a penalty.

6.7 Written advice to the Customer that Goods are ready for delivery whether in whole or in part shall constitute a tender of the Goods and the terms of payment shall apply. Where the parties have agreed that the Customer will advise ABBEY ALUMINIUM of a “load date” (being a date for delivery), the Customer must:

6.7.1 give sufficient notice of the load date (being not less than the standard published lead time for the Goods to be manufactured and delivered); and

6.7.2 ensure that the load date is not more than ninety (90) days after the date of the Order. To the extent permitted by law, the Customer shall be responsible to ABBEY ALUMINIUM for any extra costs (which term shall include actual costs and imputed costs for storage, handling or demurrage) incurred by ABBEY ALUMINIUM as a result of failure of the Customer to take delivery of the Goods at the time and place specified. ABBEY ALUMINIUM will be entitled to a lien over the Goods until such costs have been paid in full.

6.8 If the Customer is required to give ABBEY ALUMINIUM notice of a load date under clause 6.4, and fails to do so within ninety (90) days after placing the Order, ABBEY ALUMINIUM reserves the right to:

6.8.1 review and vary the price payable by the Customer under the Quotation to the extent permitted by law, if ABBEY ALUMINIUM considers it reasonable to increase those prices to reflect ABBEY ALUMINIUM’s then current prices for such Goods (or equivalent Goods), in which case the Customer must pay the difference on demand; and/or

6.8.2 supply to the Customer equivalent Goods to those described in the Quotation but which may contain slight variations in design. Such variations will not materially affect the dimensions, operation or appearance of the Goods. ABBEY ALUMINIUM must inform the Customer of such variations at the time of delivery of the Goods.

6.9 If the Customer fails to accept any part of the Goods which ABBEY ALUMINIUM has dispatched in conformity with the Contract and such part of the Goods is returned to ABBEY ALUMINIUM and re-dispatched subsequently, then ABBEY ALUMINIUM may, to the extent permitted by law, require the Customer to pay on demand a charge equal to double the current delivery charge.

6.10 It is the Customer’s responsibility on delivery to ensure that all Goods conform to its specification and requirements and no claims will be accepted for defects ascertainable on delivery in respect of Goods not confirming to the Customer’s written specifications and requirements, unless made in writing within fourteen (14) days after delivery.

6.11 Any claim by the Customer that any Goods or services invoiced by ABBEY ALUMINIUM have not been delivered to or received by the Customer must be communicated in writing by the Customer to ABBEY ALUMINIUM within fourteen (14) days that the Goods or services were invoiced, failing which the Customer will be deemed to have received delivery of the Goods or services.

6.12 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, should they, 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.

6.13.  FORCE MAJEURE. ABBEY ALUMINIUM is not liable for: (a) any delay in installing any Service, any and all components of the Package, or any other equipment; (b) any delay in correcting any fault in any Service, any and all components of the Package, or any other equipment;; (c) Service outages; or (d) any other delay or default in complying with the quotation, if it is caused directly or indirectly by any event beyond our reasonable and foreseeable control. We are not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of telephone service. No party is entitled to terminate this Agreement in such circumstances

  1. TITLE

7.1 Goods are at the Customer’s risk from delivery and property in the Goods supplied by ABBEY ALUMINIUM to the Customer will not pass to the Customer until the money owing for those Goods and any other money owing by the Customer to ABBEY ALUMINIUM has been paid. The Customer in the meantime takes custody of the Goods as the fiduciary agent and bailee of ABBEY ALUMINIUM.

7.2 Where the Customer does not make payment in respect of specific Goods, payment must be treated as having been made first in respect of Goods which have passed out of the possession of the Customer, and then in respect of whatever Goods still in the possession of the Customer ABBEY ALUMINIUM elects.

7.3 Until the Goods have been paid for in full:

7.3.1 the Customer must store the Goods in such a manner as to show clearly that they are the property of ABBEY ALUMINIUM. The Customer acknowledges that if it should mix the Goods with other products or items such that the Goods are no longer separately identifiable then the Customer and ABBEY ALUMINIUM will be owners in common of the new product;

7.3.2 the Customer may sell the Goods, in the ordinary course of its business, but only as fiduciary agent of ABBEY ALUMINIUM. Any right to bind ABBEY ALUMINIUM to any liability to a third party by contract or otherwise is expressly negatived. The Customer receives all proceeds, whether tangible or intangible, direct or indirect, of any dealing with the Goods (including any proceeds from insurance claims) in trust for ABBEY ALUMINIUM and must keep the proceeds in a separate bank account until the liability to ABBEY ALUMINIUM is discharged

7.3.3 the Customer must keep all Goods insured against theft, damage, and destruction (and if the Customer fails to insure the Goods, ABBEY ALUMINIUM may do so and invoice the Customer for the cost of insurance); and the Customer agrees not to sell, assign, charge or otherwise encumber or grant any interest over any obligations which any third party may owe to the Customer as a result of the use, manufacture or resale of the Goods.

7.3.4 The Customer irrevocably authorises ABBEY ALUMINIUM at any time, to enter any premises:

7.3.5 upon which the Goods are stored to enable ABBEY ALUMINIUM to:

7.3.6 inspect the Goods; and/or

7.3.7 if the Customer has breached these terms and conditions, reclaim possession of the Goods,

7.3.8 upon which the Customer’s records pertaining to the Goods are held to inspect and copy such records.

7.4 The provisions of this clause apply notwithstanding any arrangement between the parties under which ABBEY ALUMINIUM or a related body corporate grants the Customer credit.

7.5 The right to on-sell, deal or otherwise dispose of the goods in the normal course of trade may be revoked at any time by ABBEY ALUMINIUM and shall automatically cease if the Customer does not pay ABBEY ALUMINIUM, the Customer is unable to pay its debts as they fall due, the Customer ceases or suspends the Conduct of its business or threatens to, execution is levied on any of the Customer’s assets, a Receiver is appointed over any of the assets on the undertaking of the Customer or if a winding up order is made against the Customer or if the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or administration or calls a meeting of, or makes any arrangement or composition with, creditors or commits any act of bankruptcy, or where the Customer is in default of any of its obligations to ABBEY ALUMINIUM, and all amounts immediately become due and payable.

  1. WARRANTY AND GUARANTEES

ABBEY ALUMINIUM PTY LTD hereby guarantees all windows and door products, materials and on-site workmanship against any faults in the manufacture for a period of a   7 Year Warranty   from the date of completion on the contract.

 

WARRANTY CLAIM

All warranty claims must be made within sixty (30) days of the appearance of the defect.

To make a warranty claim, contact Abbey Aluminium PTY LTD by sending a written request to:

Email:  accounts@abbeyaluminium.com.au ,

PO BOX 2,

Revesby North 2214, 

T (02) 97712800 

or an enquiry through our website(s) at  https://www.abbeyaluminium.com.au/our-services/contact/

Attn: Warranty Claims are to include the following information: Quote Number,  your name, address, and telephone number, the date you purchased your product, a description of the issue with photo evidence to be supplied. Once we’ve received your letter or email, we will respond to your claim promptly.

WARRANTY WILL NOT APPLY TO:

PRODUCTS /  METAL

  1. Moving parts such as rollers, handles, lock mechanisms, hinges, flyscreens, tears in fly mesh or glass breakage,
  2. Parts supplied by other manufacturers or clients as separate components that we do not supply as standard to use on our products.
  3. Damage caused by accident, misuse, transport by others, installation or any external cause.
  4. Failure to install, use and operate the product in a way that it is not in accordance with the manufacturer’s instructions. Good building practice/ relevant building standards or a use for which the product has not been designed or recommended by the manufacturer.
  5. Service work that is carried out by others and not Abbey Aluminium or authorised agents.
  6. Installations of our products from third parties.
  7. Tea Staining, rust that can occur on stainless steel hardware near coastal areas
  8. Does not cover a leaking subsill in Supply Only quotations.
  9. Window reveals that have not been protected from the weather or its elements
  10. Does not cover marks and scratches that are subject to Australian Standards.
  11. Does not cover cosmetic imperfections or damage.
  12. Does not cover variations in colour of powder coating or any colour variation in anodised colours for any Abbey Aluminium supplied products.  Fading, darkening or colour change in aluminium surfaces of Goods, including powder coated finishes, caused by normal weather conditions or coastal areas.
  13. Does not cover mechanical abrasion of metal due to rollers or mechanisms for window and door use
  14. Condensation on the room and/or weather exposed side of insulated glass. • Condensation is not a product defect, but the result of excess humidity. Condensation, frost, or mould, mildew, or fungus on product surfaces is not covered.

GLASS

Glass is warranted to be free from defects caused by defective materials or poor workmanship for a period of seven (7) years. Insulated glass units are warranted against seal failure caused by defective materials or poor workmanship that results in visible obstruction through the glass. The glass warranty is extended from our glass supplier and the same warranties, limitations and exclusions provided by that supplier are passed through to the owner.

This Warranty does not apply to:

 

  1. Glass breakage is not covered by Abbey Aluminium once the product has been delivered and supplied to the customer.
  2. We do not accept any responsibility for thermal breakage in glass. Please note Low E laminated or Low E toughened glass while rare can be particularly susceptible to thermal breakage.
  3. Abbey Aluminium does not cover Glass in our products that have been modified in any way by the addition of a film, tint, privacy or any other finish not authorised by Abbey Aluminium.
  4. We do not warrant any natural variations in the clarity of glass and paint colour batching in respect of painted glass, laminated glass, translucent glass , Nanoclean EnduroShield® glass coating treatment.
  5. Any discolouration or delamination of glass finishes that may occur under certain climatic condition.

 

FLYSCREENS / RETRACTABLE SCREENS

This Warranty does not apply to:

  1. Improper assembly or installation. • Normal wear and tear including, but not limited to progressive deterioration of finishes and materials due to exposure to sun, rain, abrasion, heat and/or cold. • Damage to, or contamination of, screen mesh/fabric and framing materials caused by rough handling, abrasion, cuts, penetration, hot surfaces or aggressive cleaning agents.
  2. Damage to the operating mechanism caused by the presence of dirt and debris from inadequate maintenance, inappropriate operation or impact by people, animals or other objects. • Damage to the frame, screen mesh/fabric or mechanisms caused by pets or other animals. • Materials and quality of workmanship during on site assembly and installation; > Frame assembly, > Frame installation, > Cabling. • Damage caused by other trades or people on the building site. • Storing a Centor carton vertically. • Floor channel filled with debris. • Staining or scratching of visible surfaces. • Contamination by construction dust, debris etc. • Fasteners (nails, screws etc.) penetrating and/or interfering with screen mesh/fabric or operating mechanism. • Damage or deterioration caused by wind or other environmental impacts or contamination. • Costs for labour, installation, removal or refinishing of the replacement product or component, and incidental or consequential damages of any kind other than as mandated by applicable state law. • Wood materials that have not been appropriately protected from the site conditions. • Wood materials inadequately finished to protect against exposure to sun & rain.
  3. Any and all alteration or modification to the product other than those shown on the installation instructions. • Damage caused by any alterations made to the product. • Damage caused by misuse or inactivity of the screen stile.
  4. Abbey Aluminium Pty Ltd does not perform final assembly and installation into the building of Centor Screens, a third party is contracted to undertake this work such as Dolphin Screens or Volar Screens.  When these companies are on site they take no responsibility for either the quality or extent of work carried out of the door or window installation by third parties, if these are not installed correctly then Abbey Aluminium cannot fulfill the requirements of the Contract and installation of a Centor Screen.  Therefore Clause 9 shall apply. ABBEY ALUMINIUM has no liability to any person for any loss or damage of any kind whatsoever including without limitation, for any indirect or consequential loss (including loss of profits, business, revenue, opportunity, goodwill, or loss arising from any failure, breakdown, defect or deficiency in the Goods and/or the Services) arising out of or in connection with the Goods and/or the provision of the Services.

8.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.2 Where you are not a “consumer” within the meaning of the Australian Consumer Law, the guarantees referred to in sub-clause 8.1 do not apply.

In addition to any rights or remedies that you may have under the Australian Consumer Law or any other law, and subject to sub-clauses 8.3 and 8.4, ABBEY ALUMINIUM warrants that if, the Goods prove defective by reason of faulty workmanship and/or materials or any service is not rendered with due care and skill, in the case of Goods from the date the Goods are delivered or in the case of Services the date the Services are completed within the warranty period outlined in the ABBEY ALUMINIUM Group Standard Warranty (Warranty Period). ABBEY ALUMINIUM will repair or replace the Goods or Services without charge.

8.3 The warranty in sub-clause 8.2 does not apply and to the extent permitted by law ABBEY ALUMINIUM will not be liable:

8.3.1 if the Goods have not been properly handled, installed, maintained and operated in accordance with ABBEY ALUMINIUM’s standard specifications and recommendations;

8.3.2 if payment has not been received in full for the Goods;

8.3.3 in respect of any fault or failure arising from misuse, damage or neglect to the Goods by the Customer.

8.3.6 For hardware Goods:

8.3.6.1 where the Goods are incorporated into another entity’s or manufacture’s product;

8.3.7 fading, colour change or damage caused by the external environment due to normal weather conditions (that will cause any coloured surface to fade or darken gradually).

8.3.8 for manufacturing standards and tolerances nor industry variations in colour of aluminium, plastic and timber componentry.

8.4 ABBEY ALUMINIUM will not be responsible under clause 8.3 for additional charges of hanging, painting or other charges arising from the replacement of doors /windows or for installation, removal, labour or other costs arising from the replacement of any Glass Goods.

8.5 In order to claim under the warranty in sub-clause 8.2 you must:

8.5.1 Within thirty (30) days of any defect arising, notify ABBEY ALUMINIUM of the defect in writing (Notification);

8.5.2 Contact the ABBEY ALUMINIUM supplier within the Warranty Period; and

8.6 The Notification must include:

8.6.1 your full name, address and telephone number;

8.6.2 your original proof of purchase of the item(s) the subject of the defect or Claim;

8.6.3 a written description of the defect;

8.6.4 where possible, a photograph of the defect; and

8.6.5 a written assurance that the Goods have not been damaged, incorrectly assembled, installed or operated, negligently treated or misused.

8.7 The Notification must be made to:

8.7.1 the ABBEY ALUMINIUM supplier who supplied the Goods/Services to you;

*  Email:  accounts@abbeyaluminium.com.au , PO BOX 2, Revesby North 2214,  T (02) 97712800  or

* an enquiry through our website(s) at  https://www.abbeyaluminium.com.au/our-services/contact/8.7.4

* with photo evidence

This warranty does not include the cost of transportation to or from ABBEY ALUMINIUM.

  1. LIABILITY

9.1 Subject to clause 8, the only conditions, guarantees and warranties which are binding on ABBEY ALUMINIUM in respect of the state, quality or condition of the Goods and/or the Services (including advisory Services) are those imposed and required to be binding by statute (including the Australian Consumer Law and, if applicable, the Domestic Building Acts) and which cannot be excluded. To the extent permitted by law, the liability, if any, of ABBEY ALUMINIUM arising from the breach of such conditions, guarantees or warranties shall, at ABBEY ALUMINIUM’s option, be limited to and completely discharged in the case of the Goods, either the replacement or the repair by ABBEY ALUMINIUM of the Goods and in the case of the Services, by the supplying of the Services again. The Customer must bear the costs of returning to ABBEY ALUMINIUM any Goods in respect of which a warranty claim is made. All other conditions, guarantees and warranties whether express or implied by law in respect of the state, quality or condition of the Goods and/or the Services which may apart from this clause be binding on ABBEY ALUMINIUM are hereby expressly excluded to the fullest extent permitted by law and subject to clause 8.1, ABBEY ALUMINIUM has no liability to any person for any loss or damage of any kind whatsoever including without limitation, for any indirect or consequential loss (including loss of profits, business, revenue, opportunity, goodwill, or loss arising from any failure, breakdown, defect or deficiency in the Goods and/or the Services) arising out of or in connection with the Goods and/or the provision of the Services.

  1. CANCELLATION AND DEFAULT

10.1 The Contract may be cancelled/varied by the Customer only with the written consent of ABBEY ALUMINIUM. To the extent permitted by law, ABBEY ALUMINIUM may require as a condition of its consent that the Customer pay reasonable charges for such cancellation/variation, which take into account expenses incurred by ABBEY ALUMINIUM to the date of cancellation/variation, including recompense for any commitments made by ABBEY ALUMINIUM in consequence of the Order and all other losses both actual and prospective, incurred as a result of such cancellation/variation.

10.2 ABBEY ALUMINIUM shall be entitled to suspend delivery of the Goods and / or services or any part thereof and/or terminate the Contract if the Customer either fails to perform or observe any condition of the Contract including the terms of payment and/or delivery arrangements or if the Customer is made bankrupt, has a liquidator, receiver or official manager appointed for all or any part of his assets, or has a winding up order made against him or enters into any contract with creditors or voluntary insolvency administration. Such suspension and/or termination shall be without prejudice to and shall not affect any rights of ABBEY ALUMINIUM against the Customer prior thereto.

10.3 Upon termination of the Contract by ABBEY ALUMINIUM the security deposit (if any) shall be forfeited to ABBEY ALUMINIUM which may either sue the Customer for breach of Contract or resell the Goods and any deficiency arising on such resale and all expenses of and incidental to such resale or attempted resale and the Customer’s default shall be recoverable by ABBEY ALUMINIUM from the Customer as liquidated damages.

ABBEY ALUMINIUM may retain any monies paid by the Customer on account of the Contract other than the security deposit forfeited, as security for any damages awarded to ABBEY ALUMINIUM for the Customer’s default.

  1. PRIVACY

11.1 The Customer acknowledges that ABBEY ALUMINIUM may collect personal and credit information in connection with ABBEY ALUMINIUM’s dealings with the Customer or any Guarantor in accordance with ABBEY ALUMINIUM’s Privacy Statement, Privacy Policy, Credit Reporting Policy and Statement of Notifiable Matters pursuant to the Credit Reporting Code, the Privacy Act 1988 (Cth), the Privacy (Enhancing Privacy Protections) Act 2012, and the Australian Privacy Principles, and the Customer consents to that information being collected. A copy of ABBEY ALUMINIUM’s Privacy Statement, Privacy Policy, Credit Reporting Policy and Statement of Notifiable Matters will be provided to the Customer upon request in writing, and can be found on our website at http://www.Abbey Aluminium.com.au/.

  1. NOTICES

12.1 A statement in writing signed by ABBEY ALUMINIUM’s duly authorised officer (“Notice”) stating all or any of the following matters, facts or things:

(a) the amount due at any date for good(s) supplied to the Customer;

(b) the amount due at any date for interest on the monies due;

(c) the amount due at any time for legal costs actually incurred by the Company including costs of and incidental to any litigation, stamp duties and other expenses payable on these terms and conditions, or any credit application, guarantee or other security documents signed by the Customer together with any collection costs or dishonoured cheque fees;

(d) the date of making the default in preforming or observing any terms and conditions, covenant or agreement to be preformed or observed by the Customer;

(e) whether such default has continued between specified dates;

Such Notice Shall be conclusive and prima facia evidence of the Customer’s indebtedness to ABBEY ALUMINIUM and any such matter(s), fact(s), or thing(s) stated in the Notice.

12.2 A Notice or other communication connected with these terms and conditions (“Notice”) has no legal effect unless it is in writing. In addition to any other method of service provided by law, the Notice may be sent by prepaid post to the address of the addressee set out in the Contract or subsequently notified; sent by facsimile to the facsimile number of the addressee; sent by email to the email address of the addressee; or delivered at the address of the addressee set out in the Contract or subsequently notified.

12.3 If the Notice is sent or delivered in a manner provided by clause 12.2, it must be treated as given to and received by the party to which it is addressed:

12.3.1 if sent by post, on the 2nd Business Day (at the address to which it is posted) after posting;

12.3.2 if sent by facsimile or email before 5pm on a Business Day at the place of receipt, on the day it is sent and otherwise on the next Business Day at the place of receipt; or

12.3.3 if otherwise delivered before 5pm on a Business Day at the place of delivery, upon delivery, and otherwise on the next Business Day at the place of delivery.

12.4 Despite sub-clause 12.3.2:

12.4.1 a facsimile is not treated as given or received unless at the end of the transmission the sender’s facsimile machine issues a report confirming the transmission of the number of pages in the Notice.

12.4.2 an email message is not treated as given or received if the sender’s computer reports that the message has not been delivered; and

12.4.3 a facsimile or email message is not treated as given or received if it is not received in full and in legible form and the addressee notifies the sender of that fact within 3 hours after the transmission ends or by 12 noon on the Business Day on which it would otherwise be treated as given and received, whichever is later.

  1. PERSONAL PROPERTY SECURITIES ACT 2009 (“PPS ACT”) (PURCHASE MONEY SECURITY INTEREST (“PMSI”) AND ALL PRESENT AND AFTER ACQUIRED PROPERTY (“ALPAAP”)

13.1 ABBEY ALUMINIUM and The Customer hereby acknowledge that these Terms and Conditions of Sale will constitute a ‘Security Agreement’ for the purposes of the PPS Act. The PPS Act applies to all transactions pursuant to the Terms and Conditions of Sale or otherwise, and that the Goods under these Conditions fall within the PPSA classification of “Other Goods” acquired by the Customer pursuant to these conditions. Only one PPS registration is required for each supply under a continuing contract with a customer

13.2 The Customer herby grants a charge to ABBEY ALUMINIUM over all and any of their present and after acquired goods and or property (“ALPAAP”) as security for all monies, indebtedness and obligations now and in the future owing by the Customer under this Agreement.

13.3 The Customer hereby agrees to do all such things and sign all such documents as are necessary and reasonably required to enable ABBEY ALUMINIUM to acquire a perfected security interest in all goods supplied.

13.4 The Customer hereby agrees to provide such information as is required to enable registration of a Purchase Money Security Interest (“PMSI”) under the PPS Act.

13.5 The Customer hereby acknowledges that it will indemnify ABBEY ALUMINIUM for any liability and/or for any costs of registration, maintenance, enforcement or discharge or security interest and such other costs and expenses as ABBEY ALUMINIUM may incur under this Agreement. The Customer hereby agrees that it will not, without notice in writing, change its name, change its structure, status or partnership, or assign or sell its business to another party, or initiate any change to any registered documentation, or act in any manner which would impact on the registered security interest of ABBEY ALUMINIUM. No such event shall affect the liability of the Customer named in any applications for credit, until a new application for credit made in the name of the Customer (applicant and/or the new entity) as restructured or changed is received and approved by ABBEY ALUMINIUM.

13.6 ABBEY ALUMINIUM hereby reserves the right and the Customer agrees that at any time ABBEY ALUMINIUM, in its sole discretion, can alter this Agreement, including but not limited to making such amendments, alterations and additions to this Clause and the Terms and Condition as it sees fit, unilaterally by ABBEY ALUMINIUM giving thirty (30) days written notice to the Customer.

13.7 ABBEY ALUMINIUM may allocate amounts received from the Customer in any manner it determines fit, but in default will apply same first to payment of any unsecured amount owing to ABBEY ALUMINIUM, next as to any reasonable enforcement expense and then as to any secured balance owing to ABBEY ALUMINIUM.

13.8 The Customer will not (except with ABBEY ALUMINIUM’s written consent) allow to be, or be liable to become, perfected or attached in favour of any person, a security interest or transitional security interest in any of the monies from time to time payable to ABBEY ALUMINIUM (if any) or otherwise; and whether to a provider of new value or otherwise.

13.9 The Customer will not (as against any person who is a “related entity” of the Customer for the purposes of the Corporations Act 2001) without the prior written consent of ABBEY ALUMINIUM, before or until all monies payable to ABBEY ALUMINIUM in connection with the Agreement is paid in full:

(a) exercise a right of contribution or indemnity;

(b) claim the benefit of ( for example, by subrogation ), or seek priority ahead of, the transfer of or the benefit of a security ABBEY ALUMINIUM holds in connection with this Agreement;

(c) try to reduce liability to ABBEY ALUMINIUM through a set off or counterclaim; or

(d) prove in competition with ABBEY ALUMINIUM if the Customer is unable to pay debts when due.

(e) seek to perfect or attach in favour of the Customer or another ( either jointly or severally) a security interest in any of the Customer’s present or after acquired property which would rank in priority to the entitlements of ABBEY ALUMINIUM

13.10 To the extent permissible at law, the Customer:

(a) waives its rights to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer, as Grantor, to ABBEY ALUMINIUM.

(b) agrees to indemnify ABBEY ALUMINIUM on demand for all costs and expenses, including legal costs and expenses on a solicitor/client basis; associated with the;

(i) registration or amendment or discharge of any Financing Statement or a Financing Change Statement registered by or on behalf of ABBEY ALUMINIUM;

(c) agrees they and ABBEY ALUMINIUM contract out of and that nothing in the provisions of Sections 95, 96, 117, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA will apply to these Terms Conditions or the Security under these Terms Conditions;

(d) agrees to waive its rights under Sections 95, 123, 129, 130, 130(4); 132(3) (d), 135, and 143 of the PPSA:

13.11 The Customer hereby consents and appoints ABBEY ALUMINIUM to be an interested person and the Customer’s authorised representative for the purposes of section 275(9) of the PPSA.

13.12 ABBEY ALUMINIUM may assign or transfer this Agreement and/or any security under the PPSA to a related body corporate at any time by written notice to the Customer. The Customer must not assign or transfer the benefit or obligations of this Agreement without the prior written consent of ABBEY ALUMINIUM, which ABBEY ALUMINIUM will not unreasonably withhold.

This PMSI does not lose its priority as a result of the renewal, refinance, consolidation, or restructure of the subject matter of these terms and conditions and any purchase money obligations.

13.13 For the purposes of section 20(1) and (2) of the PPSA, and to ensure maximum benefit and protection for ABBEY ALUMINIUM under the PPSA, the Customer consents to grant ABBEY ALUMINIUM, as security for the Customer’s indebtedness and obligations, a charge over all of the Customers present and after-acquired property.

  1. GOVERNING LAW

14.1 The Customer agrees that these Terms and Conditions of Sale shall be construed according to the laws of the State or Territory as ABBEY ALUMINIUM may in its sole discretion determine. Proceedings by either ABBEY ALUMINIUM or the Customer may be instituted and/or continued in the specific Court in such State or Territory as ABBEY ALUMINIUM may in its sole discretion determine. Failing such determination the Customer consents to any proceedings being instituted and heard by any appropriate Court sitting in the State of New South Wales applying the laws of that State.

  1. MISCELLANEOUS

15.1 If any condition of a Customer’s Order, or any contract executed between the customer and ABBEY ALUMINIUM, conflicts with or purports to vary these conditions, then these conditions shall prevail to the extent of any inconsistency or variation unless otherwise agreed upon in writing.

15.2 The only terms and conditions binding on ABBEY ALUMINIUM are those contained herein or otherwise agreed to in writing by ABBEY ALUMINIUM and those, if any, which are imposed and which cannot be excluded by law.

15.3 Unless otherwise stated in the Quotation, all Glass shall be clear Glass.

15.4 It is expressly agreed that any variations in colour or texture of any material used in the Goods shall not be a defect.

15.5 If scaffolding and/or 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.

15.6 If anything in these terms and conditions or the Contract is unenforceable, illegal or void then it is severed and the rest of these terms and conditions and the Contract remain in force.

15.7 For the avoidance of doubt, and without limiting the generality of clause 15.7, the price variation provisions in Clauses 5 and 6 do not apply to Contracts for the supply of Services in Victoria.

15.8 ABBEY ALUMINIUM shall not be liable for and the Customer shall indemnify and keep ABBEY ALUMINIUM indemnified against, any liability and any loss or damage ABBEY ALUMINIUM may sustain as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any Terms and Conditions by the Customer or its representative.

15.9 The Customer agrees not to use any Goods for:

15.9.1 part of any aircraft of whatsoever nature; or

15.9.2 any other unintended purpose, unless the Customer or any other person establishes by a complete and comprehensive testing procedure that the Goods are fit for that purpose, and also where reasonable, a qualified engineer certifies that the Goods are fit for that purpose.

15.10 These Terms and Conditions are not to be construed to the disadvantage of the party because that party was responsible for its preparation.

15.11 The Customer acknowledges and agrees to charge all of the Customer’s interest in real property both (a) present and (b) future in order to secure payment of any and all monies which are now or hereafter become due and payable by the Customer to ABBEY ALUMINIUM and consents to the lodgement by ABBEY ALUMINIUM of a Caveat or Caveats noting its interest pursuant to such charge. Immediately on ABBEY ALUMINIUM’s request the Customer agrees to execute a mortgage in registrable form in ABBEY ALUMINIUM’s favour over any of the Customer’s real property and by reason of this agreement to execute a mortgage in ABBEY ALUMINIUM’s favour the Customer acknowledges that ABBEY ALUMINIUM is an equitable mortgagee in respect of the Customer’s land. If the Customer makes this application as Trustee of any Trust including, without limitation, the Trust (if any) described on the front page of any Application or Commercial Credit then:

15.12 The reference to “real property” in this clause includes any real property of the Trust in addition to the Customer’s real property;

15.13 The Customer warrants that it:

(i) is the only Trustee of the Trust; and makes this application for the purposes and benefit of the Trust;

(ii) has the power under the Trust to enter into and observe its obligations under this agreement/application; and

(iii) has a right to be indemnified out of the assets of the Trust in respect of its obligations under this agreement application.

15.14 ABBEY ALUMINIUM may at any time, and from time to time, alter these Terms and Conditions of Sale as it sees fit, unilaterally by ABBEY ALUMINIUM giving thirty (30) days written notice to the Customer. Such altered Terms and Conditions of Sale shall apply from the date of alteration as notified by ABBEY ALUMINIUM. A copy of current Terms and Conditions of Sale can be found on ABBEY ALUMINIUM’s website www.Abbey Aluminium.com.au The Customer acknowledges and warrants that he/she/it will regularly inspect the said website for any updated or altered Terms and Conditions.

  1. ELECTRONIC COMMUNICATIONS

16.1 In addition to delivery in person, via post and via facsimile, the customer agrees to have invoices and statements sent via email.

16.2 The Customer agrees that email communications from ABBEY ALUMINIUM 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 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, the Customer is in all instances designating “an information for the purposes of receiving electronic communications” within the meaning of the Electronic Transactions Act 2000 (NSW).

16.3 The Customer agrees that evidence of the “dispatch” (within the meaning of the Electronic Transactions Act 2000 (NSW) by ABBEY ALUMINIUM of an email is also prima facie evidence of the “receipt” of the email by the Customer within the meaning of the Act. Unless the contrary is proven the time of receipt will be deemed to be twenty (20) seconds after the time of the “dispatch” of the email.

  1. PRODUCTION SPECIFICATION

17.1 It is the Customer’s responsibility, in accordance with the relevant Australia Standards, to advise ABBEY ALUMINIUM in writing of:

(a) the window ratings;

(b) design window pressures;

(c) suitable terrain category;

(d) any design specifications; and

(e) the relevant building codes and Australian Standards

(“Building Specifications”) applicable to the installation site for all windows, louvres and doors.

17.2 Should the Customer fail to advise ABBEY ALUMINIUM of the Building Specifications in writing, all Goods produced will be suitable for fully sheltered terrains and will sustain the minimum ratings for wind and water.

17.3 To the extent permitted by law, ABBEY ALUMINIUM will not be liable for the non-compliance and/or faulty performance of any windows, louvres or doors where the customer failed to advise ABBEY ALUMINIUM in writing of the Building Specifications.

17.4 The Customer must inform ABBEY ALUMINIUM on the Order Form as to any specific purposes for which the Goods are to be used.

17.5 It is the customers responsibility to check their quotation and that the products meet the needs of their Basix, Nathers or DA Applications prior to signing and paying for commencement of production.

  1. INTELLECTUAL PROPERTY

18.1 Where Goods are manufactured to the Customer’s specification, the Customer will indemnify and keep indemnified ABBEY ALUMINIUM against any liability to or action by a third party for infringement or alleged infringement of a patent, registered design, trademark or copyright arising from ABBEY ALUMINIUM complying with the Customer’s specifications.

18.2 No right or licence is hereby granted to the Customer to use any patent, copyright, registered design, trademark or other industrial property right of ABBEY ALUMINIUM or otherwise.

  1. TRANSFER

19.1 Obligations and rights under these Terms and Conditions cannot be assigned or transferred to any third party without ABBEY ALUMINIUM’s written consent

2.8 CHANGES TO AN ORDER

 

  1. Once the quotation has been accepted and materials have been ordered, changes thereafter will incur a fee for any additional cost of labour and materials as required.
  2. It is not possible to accept cancellations or provide refunds after placing a Supply Only order.
  3. For Installation Services it is only possible to accept a cancellation or provide a refund prior to check measure or within 24hours after check measure has occurred. After 24 hours from Check Measure it is not possible to provide  a refund or cancellation of the order.
  4. Any changes required are to be submitted by email to E: sales@abbeyaluminium.com.au

 

 

 

 

 

  1. TERMS OF PAYMENT

 SUPPLY ONLY PAYMENT SCHEDULE

  1. A 50% deposit is required on the placement of order, progression payments may be required depending on the total cost of the quotation.
  2. Orders of $500 or less are required to be paid in full at time of order.
  3. Outstanding balances are required to be paid prior to or on delivery.
  4. A quotation that contains both Supply Only and part Installation, then the payment schedule will reflect that of a Supply Only Payment Schedule.

     INSTALLATION PAYMENT SCHEDULE 

  1. Installation quotations 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)

  1. An 80% PROGRESSION payment is required prior to start date of manufacturing and or installation services.
  2. The FINAL balance of 10% can be paid after the completion of installation work.

3.1 Unless ABBEY ALUMINIUM otherwise determines, payment terms  for account holders are thirty (30) days from end of month of delivery and any deviation from these terms must be agreed to in writing between ABBEY ALUMINIUM and the Customer. In situations where payment terms are not provided to a Customer and subject always to any restrictions imposed by the Domestic Building Acts, the Customer must make a 50% deposit payment in full at the time of placing the Order and final 50% Balance prior to receiving the order or on pick up.

3.2 Unless otherwise agreed in writing by ABBEY ALUMINIUM, all invoices and statements will be issued by email, to the email address nominated by the Customer. If the Customer requests that the invoices and statements are to be sent to it by post, in hardcopy paper form, ABBEY ALUMINIUM reserves the right to charge the Customer a paper account fee per month. It is agreed between the parties that this fee is agreed as the liquidated cost of issuing a paper invoice. The fee is payable simultaneously with the account invoice to which it relates to.

3.3 The Customer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless agreed to by ABBEY ALUMINIUM in writing. Customers who have overdue accounts are precluded from participating in any special deals, discounts, bonus payment redemptions, rebates and all other incentive programs until their accounts are paid up to date.

3.4 If at any time monies are overdue or any trading account the Customer maintains with ABBEY ALUMINIUM is in arrears, then at the option of ABBEY ALUMINIUM (but subject always to any restrictions imposed by the Domestic Building Acts) the whole account balance shall become immediately due and owing by the Customer.

3.5 ABBEY ALUMINIUM may, at its absolute discretion, charge interest on all overdue accounts at the published monthly Reserve Bank of Australia cash rate plus two (2) percent per month calculated and payable daily, compounded from the due date until the invoice is paid in full.

3.6 ABBEY ALUMINIUM will charge a reasonable administration fee for any payment made by credit card and the amount to be charged will be advised to the customer at the time of placing the order.If ABBEY ALUMINIUM is required to deviate from the Quotation in order to fulfil the Order, ABBEY ALUMINIUM may, in its absolute discretion, charge the Customer to the fullest extent permitted by law for any additional costs incurred by ABBEY ALUMINIUM in so doing. A certificate signed by an authorised representative of ABBEY ALUMINIUM shall be prima facie evidence of the amount of indebtedness of the Customer to ABBEY ALUMINIUM at that time.

3.7 The Customer is liable to pay to ABBEY ALUMINIUM and ABBEY ALUMINIUM may recover in full from the Customer all costs, expenses and disbursements incurred and / or payable by ABBEY ALUMINIUM (including debt collection agency fees and legal costs on a solicitor/client basis) arising from or as a result of ABBEY ALUMINIUM’s exercising or enforcing or seeking to 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 due to ABBEY ALUMINIUM. Such costs, expenses and disbursements may be recovered by ABBEY ALUMINIUM from the Customer as a liquidated debt. ABBEY ALUMINIUM 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.

3.8 Where ABBEY ALUMINIUM, in its absolute discretion, determines that any one or more inter-related accounts is non-compliant with the Terms of Payment under clause 3 of these Terms and Conditions then ABBEY ALUMINIUM may elect to suspend the supply of Goods and/or cancel any or all inter-related accounts whereby invoices rendered to all inter-related accounts shall become immediately due and payable to ABBEY ALUMINIUM.

ABILITY TO SUPPLY

     4.1 SUPPLY OF PRODUCTS

 

  1. Customer acknowledges that the signature on the quotation implies that all details, glass, quantities, hardware, colour and sizes are correct.
  2. If reveals are requested, they will be supplied as Finger Jointed Primed Pine Reveals attached to the aluminium frame thus increasing the frame size.
  3. Abbey Aluminium takes no responsibility for customer supplied measurements.
  4. No protection to windows and doors is provided unless specified in quotation .
  5. No angles are included in the quote unless specified.
  6. Nailing fins come standard on residential frames unless requested to be removed.
  7. Fixing brackets are not included unless specified on the quotation.
  8. Client is responsible for the installation of all flyscreens and handle mechanisms.
  9. Restrictors are not included unless specified by the client.
  10. If specified on the Quotation, large frames at times can be delivered in knock down condition which means the client is responsible to screw frames together
  11. All door frames and door panels come separately, the client is responsible for the installation of the frame, the panel adjustments. If maintenance is required for poor installation then a cost will be incurred to the customer.
  12. Unless specified in the quote, NO onsite glazing is covered by Abbey Aluminium for windows or doors.
  13. Subsills on Residential Products are not provided unless requested.
  14. Client is responsible for waterproofing

4.2   INSTALLATION BY ABBEY ALUMINIUM

  1. Quotations that contain part Supply and part Installation services, your quote will be subject to the Terms and Conditions of Supply Only Payment. The full amount is to be paid for installation services prior to install unless a prior written negotiation has taken place through correspondence such as emails.
  2. We will provide ONE check measure (additional check measures will incur a charge)
  3. We will remove existing windows and or doors and dispose of this rubbish. Blinds – Curtains – Pelmets – Plantation Shutters are not included as rubbish and will not to be removed from the site.
  4. Existing Blinds are too be removed and replaced by others, not Abbey Aluminium. Customer is to be aware these items may not fit back into the replaced window or door product/AREA.
  5. Installation price is subject to site check measure.
  6. Where required, the supplied timber reveals and architraves are Finger Jointed Primed Pine Reveals unless otherwise requested and stated in the quotation.
  7. Quotation does not include cleaning of windows and doors or removal of furniture to access work area location.
  8. Installation does not include any type of demolition or rebuilding of structural walls, gyprock, glass splashbacks or tiling. Painting or filling of nail holes on any internal or exterior timber or any asbestos removal.
  9. Abbey Aluminium will only replace existing windows and or doors into the pre-existing openings when installing our products and no provision is made to re-locate or remove any external awning fixtures or safety bars that are attached to existing windows to be replaced.
  10. 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 own cost, not Abbey Aluminium.
  11. Uncovered, broken, chipped or torn gyprock, cement render, paint lines around windows or doors due to the installation is not covered by Abbey Aluminium.
  12. Any unforeseen problems such as steel or timber posts or, dry rot, window & door headers falling in during installation, electrical work, plumbing, white ants, tiles cracking or chipped gyprock, existing timber beams that may sag. These are NOT covered under the installation or Warranty by Abbey Aluminium. The client will be responsible for any rectification works.
  13. Abbey Aluminium strongly recommends having a structural engineer look at the existing opening before the customer accepts installation of a top hung door or window product.
  14. Abbey Aluminium may refuse to attend a site or continue with installation that is considered to be a WHS risk to our installers or employees.

4.3  Any obligation of ABBEY ALUMINIUM 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.

4.4 ABBEY ALUMINIUM 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 nor will they be relieved from any obligation to pay for the Goods on account of such failure to deliver within the stated time.

4.5 ABBEY ALUMINIUM 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, and interruption of transportation, accidents, war, governmental action or other circumstances beyond ABBEY ALUMINIUM’s control.

4.6 If for any reason ABBEY ALUMINIUM is unable to perform its obligations under the Contract, then ABBEY ALUMINIUM 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 and save for the recovery of the deposit neither party will have any claim against the other.

  1. DELIVERY

6.1 Abbey Aluminium will supply ONE MAN to unload, the customer is required to provide 1-2 OR MORE PHYSICALLY CAPABLE ADULTS TO ASSIST in unloading materials from the trailer or utility.

6.1.2 (NOTE: Installation Projects do not require anyone to provide assistance to the Driver or Delivery Unload)

 

6.1.3If the quotation states ‘delivery’ this means we will provide ONE Delivery service of the products listed in the quotation. This includes off loading from the truck to a distance of 5metres and at ground level only or street frontage on steep blocks.

Additional deliveries will incur a delivery charge.

 

6.1.4  The Customer authorises ABBEY ALUMINIUM to deliver Goods to the place nominated by the Customer and to leave the Goods at such place whether or not any person is present to accept delivery. ABBEY ALUMINIUM shall not be liable on any basis whatsoever for loss suffered by the Customer after delivery to the Customer’s nominated delivery address.

6.2 ABBEY ALUMINIUM reserves the right to charge the Customer packing, crating and delivery charges in accordance with ABBEY ALUMINIUM’s current rates as at the date of dispatch. If there is no current rate, then a reasonable delivery charge shall apply.

6.3 Delivery of the Goods shall be deemed to occur when they are handed to the Customer or his representative or are delivered to the premises or site or carrier nominated by the Customer and the Goods shall thereafter be at the Customer’s risk.

6.4 Upon the signing of a delivery docket unless the contrary is noted in that docket, the Goods shall be deemed to have been delivered in good order and condition and if no person is present to sign the delivery docket then the Goods will be deemed to have been delivered in good order and condition.

6.5 To the extent permitted by law, the Customer may only return Goods if a shortage, damage or other fault at the time of delivery is reported by the Customer to ABBEY ALUMINIUM within twenty four (24) hours of delivery and confirmed in writing within seven (7) days of such report. Any goods that have been modified at the request of the Customer will not be accepted for return. ABBEY ALUMINIUM reserves the right at its absolute discretion to charge a restocking fee of 15% of the Purchase Price of any Goods returned, which may be deducted from any refund. The Customer agrees that the restocking fee is a genuine pre-estimate of damages and not a penalty.

6.6 The Customer agrees to accept delivery of the Goods or to make alternative delivery arrangements within seven (7) days of ABBEY ALUMINIUM notifying the Customer that the Goods are available for delivery. To the extent permitted by law, ABBEY ALUMINIUM reserves the right at its absolute discretion to charge a minimum fee of $50 plus two (2) percent of the order value per week or part thereof, if the Customer fails to accept or make alternative arrangements for delivery within seven (7) days of being advised that delivery is ready. The Customer agrees that such fee and percent of order value is a genuine pre-estimate of damages and not a penalty.

6.7 Written advice to the Customer that Goods are ready for delivery whether in whole or in part shall constitute a tender of the Goods and the terms of payment shall apply. Where the parties have agreed that the Customer will advise ABBEY ALUMINIUM of a “load date” (being a date for delivery), the Customer must:

6.7.1 give sufficient notice of the load date (being not less than the standard published lead time for the Goods to be manufactured and delivered); and

6.7.2 ensure that the load date is not more than ninety (90) days after the date of the Order. To the extent permitted by law, the Customer shall be responsible to ABBEY ALUMINIUM for any extra costs (which term shall include actual costs and imputed costs for storage, handling or demurrage) incurred by ABBEY ALUMINIUM as a result of failure of the Customer to take delivery of the Goods at the time and place specified. ABBEY ALUMINIUM will be entitled to a lien over the Goods until such costs have been paid in full.

6.8 If the Customer is required to give ABBEY ALUMINIUM notice of a load date under clause 6.4, and fails to do so within ninety (90) days after placing the Order, ABBEY ALUMINIUM reserves the right to:

6.8.1 review and vary the price payable by the Customer under the Quotation to the extent permitted by law, if ABBEY ALUMINIUM considers it reasonable to increase those prices to reflect ABBEY ALUMINIUM’s then current prices for such Goods (or equivalent Goods), in which case the Customer must pay the difference on demand; and/or

6.8.2 supply to the Customer equivalent Goods to those described in the Quotation but which may contain slight variations in design. Such variations will not materially affect the dimensions, operation or appearance of the Goods. ABBEY ALUMINIUM must inform the Customer of such variations at the time of delivery of the Goods.

6.9 If the Customer fails to accept any part of the Goods which ABBEY ALUMINIUM has dispatched in conformity with the Contract and such part of the Goods is returned to ABBEY ALUMINIUM and re-dispatched subsequently, then ABBEY ALUMINIUM may, to the extent permitted by law, require the Customer to pay on demand a charge equal to double the current delivery charge.

6.10 It is the Customer’s responsibility on delivery to ensure that all Goods conform to its specification and requirements and no claims will be accepted for defects ascertainable on delivery in respect of Goods not confirming to the Customer’s written specifications and requirements, unless made in writing within fourteen (14) days after delivery.

6.11 Any claim by the Customer that any Goods or services invoiced by ABBEY ALUMINIUM have not been delivered to or received by the Customer must be communicated in writing by the Customer to ABBEY ALUMINIUM within fourteen (14) days that the Goods or services were invoiced, failing which the Customer will be deemed to have received delivery of the Goods or services.

6.12 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, should they, 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.

6.13.  FORCE MAJEURE. ABBEY ALUMINIUM is not liable for: (a) any delay in installing any Service, any and all components of the Package, or any other equipment; (b) any delay in correcting any fault in any Service, any and all components of the Package, or any other equipment;; (c) Service outages; or (d) any other delay or default in complying with the quotation, if it is caused directly or indirectly by any event beyond our reasonable and foreseeable control. We are not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of telephone service. No party is entitled to terminate this Agreement in such circumstances

 

  1. WARRANTY AND GUARANTEES

ABBEY ALUMINIUM PTY LTD hereby guarantees all windows and door products, materials and on-site workmanship against any faults in the manufacture for a period of a   7 Year Warranty   from the date of completion on the contract.

 WARRANTY WILL NOT APPLY TO:

PRODUCTS /  METAL

  1. Moving parts such as rollers, handles, lock mechanisms, hinges, flyscreens, tears in fly mesh or glass breakage,
  2. Parts supplied by other manufacturers or clients as separate components that we do not supply as standard to use on our products.
  3. Damage caused by accident, misuse, transport by others, installation or any external cause.
  4. Failure to install, use and operate the product in a way that it is not in accordance with the manufacturer’s instructions. Good building practice/ relevant building standards or a use for which the product has not been designed or recommended by the manufacturer.
  5. Service work that is carried out by others and not Abbey Aluminium or authorised agents.
  6. Installations of our products from third parties.
  7. Tea Staining, rust that can occur on stainless steel hardware near coastal areas
  8. Does not cover a leaking subsill in Supply Only quotations.
  9. Window reveals that have not been protected from the weather or its elements
  10. Does not cover marks and scratches that are subject to Australian Standards.
  11. Does not cover cosmetic imperfections or damage.
  12. Does not cover variations in colour of powder coating or any colour variation in anodised colours for any Abbey Aluminium supplied products.  Fading, darkening or colour change in aluminium surfaces of Goods, including powder coated finishes, caused by normal weather conditions or coastal areas.
  13. Does not cover mechanical abrasion of metal due to rollers or mechanisms for window and door use
  14. Condensation on the room and/or weather exposed side of insulated glass. • Condensation is not a product defect, but the result of excess humidity. Condensation, frost, or mould, mildew, or fungus on product surfaces is not covered.

GLASS

Glass is warranted to be free from defects caused by defective materials or poor workmanship for a period of seven (7) years. Insulated glass units are warranted against seal failure caused by defective materials or poor workmanship that results in visible obstruction through the glass. The glass warranty is extended from our glass supplier and the same warranties, limitations and exclusions provided by that supplier are passed through to the owner.

This Warranty does not apply to:

 Glass breakage is not covered by Abbey Aluminium once the product has been delivered and supplied to the customer.

  1. We do not accept any responsibility for thermal breakage in glass. Please note Low E laminated or Low E toughened glass while rare can be particularly susceptible to thermal breakage.
  2. Abbey Aluminium does not cover Glass in our products that have been modified in any way by the addition of a film, tint, privacy or any other finish not authorised by Abbey Aluminium.
  3. We do not warrant any natural variations in the clarity of glass and paint colour batching in respect of painted glass, laminated glass, translucent glass , Nanoclean EnduroShield® glass coating treatment.
  4. Any discolouration or delamination of glass finishes that may occur under certain climatic condition.

 FLYSCREENS / RETRACTABLE SCREENS

This Warranty does not apply to:

  1. Improper assembly or installation. • Normal wear and tear including, but not limited to progressive deterioration of finishes and materials due to exposure to sun, rain, abrasion, heat and/or cold. • Damage to, or contamination of, screen mesh/fabric and framing materials caused by rough handling, abrasion, cuts, penetration, hot surfaces or aggressive cleaning agents.
  2. Damage to the operating mechanism caused by the presence of dirt and debris from inadequate maintenance, inappropriate operation or impact by people, animals or other objects. • Damage to the frame, screen mesh/fabric or mechanisms caused by pets or other animals. • Materials and quality of workmanship during on site assembly and installation; > Frame assembly, > Frame installation, > Cabling. • Damage caused by other trades or people on the building site. • Storing a Centor carton vertically. • Floor channel filled with debris. • Staining or scratching of visible surfaces. • Contamination by construction dust, debris etc. • Fasteners (nails, screws etc.) penetrating and/or interfering with screen mesh/fabric or operating mechanism. • Damage or deterioration caused by wind or other environmental impacts or contamination. • Costs for labour, installation, removal or refinishing of the replacement product or component, and incidental or consequential damages of any kind other than as mandated by applicable state law. • Wood materials that have not been appropriately protected from the site conditions. • Wood materials inadequately finished to protect against exposure to sun & rain.
  3. Any and all alteration or modification to the product other than those shown on the installation instructions. • Damage caused by any alterations made to the product. • Damage caused by misuse or inactivity of the screen stile.
  4. Abbey Aluminium Pty Ltd does not perform final assembly and installation into the building of Centor Screens, a third party is contracted to undertake this work such as Dolphin Screens or Volar Screens.  When these companies are on site they take no responsibility for either the quality or extent of work carried out of the door or window installation by third parties, if these are not installed correctly then Abbey Aluminium cannot fulfill the requirements of the Contract and installation of a Centor Screen.  Therefore Clause 9 shall apply. ABBEY ALUMINIUM has no liability to any person for any loss or damage of any kind whatsoever including without limitation, for any indirect or consequential loss (including loss of profits, business, revenue, opportunity, goodwill, or loss arising from any failure, breakdown, defect or deficiency in the Goods and/or the Services) arising out of or in connection with the Goods and/or the provision of the Services.

8.1 Our Goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

8.2 Where you are not a “consumer” within the meaning of the Australian Consumer Law, the guarantees referred to in sub-clause 8.1 do not apply.

In addition to any rights or remedies that you may have under the Australian Consumer Law or any other law, and subject to sub-clauses 8.3 and 8.4, ABBEY ALUMINIUM warrants that if, the Goods prove defective by reason of faulty workmanship and/or materials or any service is not rendered with due care and skill, in the case of Goods from the date the Goods are delivered or in the case of Services the date the Services are completed within the warranty period outlined in the ABBEY ALUMINIUM Group Standard Warranty (Warranty Period). ABBEY ALUMINIUM will repair or replace the Goods or Services without charge.

8.3 The warranty in sub-clause 8.2 does not apply and to the extent permitted by law ABBEY ALUMINIUM will not be liable:

8.3.1 if the Goods have not been properly handled, installed, maintained and operated in accordance with ABBEY ALUMINIUM’s standard specifications and recommendations;

8.3.2 if payment has not been received in full for the Goods;

8.3.3 in respect of any fault or failure arising from misuse, damage or neglect to the Goods by the Customer.

8.3.6 For hardware Goods:

8.3.6.1 where the Goods are incorporated into another entity’s or manufacture’s product;

8.3.7 fading, colour change or damage caused by the external environment due to normal weather conditions (that will cause any coloured surface to fade or darken gradually).

8.3.8 for manufacturing standards and tolerances nor industry variations in colour of aluminium, plastic and timber componentry.

8.4 ABBEY ALUMINIUM will not be responsible under clause 8.3 for additional charges of hanging, painting or other charges arising from the replacement of doors /windows or for installation, removal, labour or other costs arising from the replacement of any Glass Goods.

8.5 In order to claim under the warranty in sub-clause 8.2 you must:

8.5.1 Within thirty (30) days of any defect arising, notify ABBEY ALUMINIUM of the defect in writing (Notification);

8.5.2 Contact the ABBEY ALUMINIUM supplier within the Warranty Period; and

8.6 The Notification must include:

8.6.1 your full name, address and telephone number;

8.6.2 your original proof of purchase of the item(s) the subject of the defect or Claim;

8.6.3 a written description of the defect;

8.6.4 where possible, a photograph of the defect; and

8.6.5 a written assurance that the Goods have not been damaged, incorrectly assembled, installed or operated, negligently treated or misused.

8.7 The Notification must be made to:

8.7.1 the ABBEY ALUMINIUM supplier who supplied the Goods/Services to you;

*  Email:  accounts@abbeyaluminium.com.au , PO BOX 2, Revesby North 2214,  T (02) 97712800  or

* an enquiry through our website(s) at  https://www.abbeyaluminium.com.au/our-services/contact/8.7.4

* with photo evidence

This warranty does not include the cost of transportation to or from ABBEY ALUMINIUM.

WARRANTY CLAIM

All warranty claims must be made within sixty (30) days of the appearance of the defect.

To make a warranty claim, contact Abbey Aluminium PTY LTD by sending a written request to:

Email:  accounts@abbeyaluminium.com.au 

PO BOX 2,

Revesby North 2214, 

T (02) 97712800 

or an enquiry through our website(s) at  https://www.abbeyaluminium.com.au/our-services/contact/

Attn: Warranty Claims are to include the following information: Quote Number,  your name, address, and telephone number, the date you purchased your product, a description of the issue with photo evidence to be supplied. Once we’ve received your letter or email, we will respond to your claim promptly.

  1. CANCELLATION AND DEFAULT

10.1 The Contract may be cancelled/varied by the Customer only with the written consent of ABBEY ALUMINIUM. To the extent permitted by law, ABBEY ALUMINIUM may require as a condition of its consent that the Customer pay reasonable charges for such cancellation/variation, which take into account expenses incurred by ABBEY ALUMINIUM to the date of cancellation/variation, including recompense for any commitments made by ABBEY ALUMINIUM in consequence of the Order and all other losses both actual and prospective, incurred as a result of such cancellation/variation.

10.2 ABBEY ALUMINIUM shall be entitled to suspend delivery of the Goods and / or services or any part thereof and/or terminate the Contract if the Customer either fails to perform or observe any condition of the Contract including the terms of payment and/or delivery arrangements or if the Customer is made bankrupt, has a liquidator, receiver or official manager appointed for all or any part of his assets, or has a winding up order made against him or enters into any contract with creditors or voluntary insolvency administration. Such suspension and/or termination shall be without prejudice to and shall not affect any rights of ABBEY ALUMINIUM against the Customer prior thereto.

10.3 Upon termination of the Contract by ABBEY ALUMINIUM the security deposit (if any) shall be forfeited to ABBEY ALUMINIUM which may either sue the Customer for breach of Contract or resell the Goods and any deficiency arising on such resale and all expenses of and incidental to such resale or attempted resale and the Customer’s default shall be recoverable by ABBEY ALUMINIUM from the Customer as liquidated damages.

ABBEY ALUMINIUM may retain any monies paid by the Customer on account of the Contract other than the security deposit forfeited, as security for any damages awarded to ABBEY ALUMINIUM for the Customer’s default.