These are the entire Terms and Conditions of Sale of all goods, merchandise and services (Goods) supplied by Abbey Aluminium NSW (ABN 53 663 304 149). Any supply of Goods by ABBEY ALUMINIUM to the Customer made after the date of acceptance of a quotation then the customers is 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. “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.
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.
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.
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.
5. “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.
6. This definition of Glass does not include IGU or THS, which have their own separate meaning.
7. “Goods” means the Goods, merchandise, and services the subject of the Quotation.
8. “IGU” means insulated glass units.
9. “Order” means the acceptance of the Quotation in whole or in part by the Customer.
10. “Person” includes companies.
11. “Quotation” means the document issued by Abbey Aluminium outlining its estimate of the cost for the provision of specified Goods and Services.
12. “Services” means the Services, if any, to be supplied with the Goods and the subject of the Quotation.
13. “THS” means toughened and heat strengthened glass goods.
14. Reference to the singular includes the plural and the plural includes the singular.
15. Reference to one gender includes the other.

1. PLACING ORDER –    CHECK LIST
2. Please check your quotation carefully and ensure all details, glass, quantities, hardware, colour and sizes are correct.
3. Diagrams on this quotation depict units as being VIEWED FROM OUTSIDE of the building looking in.
4. All nominated sizes exclude the reveal width and are aluminium frame size only.
5. All windows and doors are sliding or opening the correct way, hinged doors are confirmed to open in/out?
6. Finger Jointed Primed Pine Reveals will add 36mm to 40mm to the aluminium size of products
7. To proceed with a quotation and you have signed and paid a deposit, you are bound by the Terms and Conditions of Abbey Aluminium.
8. 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.
9. No quotation by Abbey Aluminium shall constitute an offer.
10. Abbey Aluminium reserves the right to accept a part order by notifying the Customer in writing or by delivering the Goods to the Customer.
11. 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.
12. Should Abbey Aluminium exercise its rights 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.
13. 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 and accessories. Abbey Aluminium will not be liable for any incorrect details of the Goods in relation to quantities, description, sizes, dimensions, colour, glass and accessories.

3. CANCELLATIONS AND 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

4. TERMS OF PAYMENT

        SUPPLY ONLY PAYMENT SCHEDULE

       A 50% deposit is required on the placement of order, progression payments may         be required depending on the total cost of the quotation.

1. Orders of $500 or less are required to be paid in full at time of order.
2. Outstanding balances are required to be paid prior to or on delivery.
3. Any Account holders it is (30) days from the date of invoice.
4. A quotation that contains both Supply Only and part Installation, then the payment schedule will reflect that of a Supply Only Payment Schedule.

1. INSTALLATION PAYMENT SCHEDULE 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.

• 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.
• Quotations given for site glazing will remain valid for a period of three (3) months (Austview 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 (Austview 30 days).
• The quoted price is based upon the particular specifications of the Goods current at the time of Quotation. Abbey Aluminium reserves the right, to vary the price and the Customer agrees to pay such varied price if: there is any variation in specification after the Order is placed; or 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, or where the customer has placed their order and then subsequently keeps delaying their project to more than 90 days.

• ADDITIONAL TERMS OF PAYMENT
• 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.
• 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.
• 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.
• 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.
• 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 charge the Customer to the fullest extent permitted by law for any additional costs incurred by Abbey Aluminium if a delay of more than 90 days has occurred due to the customer being unable to take ownership of the order; or has delayed the order.
• If Abbey Aluminium  , in its absolute discretion, determines that any one or more inter-related accounts is non-compliant with the Terms of Payment then Abbey Aluminium  may elect to suspend the supply of Goods and/or cancel any or all inter-related accounts until payment is made to Abbey Aluminium.

1. SUPPLY QUOTATIONS
2. Customer acknowledges that the signature on the quotation implies that all details, glass, quantities, hardware, colour and sizes are correct.
3. If reveals are requested, they will be supplied as Finger Jointed Primed Pine Reveals attached to the aluminium frame thus increasing the frame size.
4. Abbey Aluminium takes no responsibility for customer supplied measurements.
5. No protection to windows and doors is provided unless specified in quotation .
6. No angles are included in the quote unless specified.
7. Nailing fins come standard on residential frames unless requested to be removed.
8. Fixing brackets are not included unless specified on the quotation.
9. Client is responsible for the installation of all flyscreens and handle mechanisms.
10. Restrictors are not included unless specified by the client.
11. 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
12. 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.
13. Unless specified in the quote, NO onsite glazing is covered by Abbey Aluminium for windows or doors.
14. Subsills on Residential Products are not provided unless requested.
15. Client is responsible for waterproofing
16. INSTALLATION QUOTATIONS

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.

• ABILITY TO SUPPLY

1. Customer acknowledges that the signature on the quotation implies that all;

          Details, glass, quantities, hardware, colour and sizes are correct.

          Abbey Aluminium takes no responsibility for customer supplied measurements.

1. 1. No angles, reveals or lugs are included in the quote unless specified.
   2. Nailing fins come standard on residential frames unless requested to be removed.
   3. Fixing brackets are not included unless specified on the quotation.
   4. For large projects, handle mechanisms, strikers, window flyscreens and door screens are not fitted unless otherwise specified in the quote.
   5. Restrictors are not included unless specified by the client.
   6. 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
   7. All door frames and door panels,screens,stirkers come separately, the client is responsible for the installation of the frame, panel and adjustments. If maintenance is required for poor installation, then a cost will be incurred to the customer.
   8. Unless specified in the quote, NO onsite glazing is covered by Abbey Aluminium for windows or doors.
   9. Subsills on Residential Products are not provided unless requested.

PRICING

1. 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.
2. Quotations given for site glazing will remain valid for a period of three (3) months (Austview 30 days) from date of completed manufacture of the Goods.
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: there is any variation in specification after the Order is placed; or
   1. 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; OR 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: is equal to the price payable by the Customer for the relevant supply multiplied by the prevailing GST rate; and
   2. The quoted price is based upon the particular specifications of the Goods current at the time of Quotation. Abbey Aluminium reserves the right, to vary the price and the Customer agrees to pay such varied price if: there is any variation in specification after the Order is placed; or 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, or where the customer has placed their order and then subsequently keeps delaying their project to more than 90 days.
   3. 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

7. 6. DELIVERY
   1. Abbey Aluminium will supply ONE MAN to assist in unload
   2. The customer is required to provide 1-2 OR MORE PHYSICALLY CAPABLE ADULTS TO ASSIST in unloading materials from the trailer or utility.
   3. Driver will only deliver to a distance of 3-5 metres and at ground level only or street frontage on steep blocks.
   4. Additional deliveries will incur a delivery charge.
   5. 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. If the quotation states ‘delivery’ this means we will provide ONE Delivery service of the products listed in the quotation. 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.
   7. After delivery, the care of goods lies solely with the customer. If at any time of such delivery the customer is absent from the site, delivery shall be deemed to have been made at the place nominated by the customer or Abbey Aluminium. Goods shall be deemed to have been delivered in good order and condition and if no person is present to accept the products. A Customer may only return Goods if a shortage, damage or another fault at the time of delivery is reported by the Customer to Abbey Aluminium within 24 hours of delivery and confirmed in writing with 24 hours of such report.
   8. Any delay in our advised delivery date requested by the customer may incur a storage fee per day, of $50.00 (inc GST) at Abbey Aluminium’s discretion.
   9. The customer is to 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 or any extra costs (which term shall include actual costs and imputed costs for storage, handling or demurrage) incurred by Abbey Aluminium as 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.
   10. If the Customer fails to accept any part of the Goods which Abbey Aluminium has delivered and decides to return them back on the delivery truck, then Abbey Aluminium may, to the extent permitted by law, require the Customer to pay a charge equal to double the current delivery charge when the item is returned.
   11. The Customer and or assistants indemnifies and will keep the Abbey Aluminium 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 its Associates or any other person.
   7. TITLE
   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 been paid. The Customer in the meantime takes custody of the Goods as the fiduciary agent and bailee of Abbey Aluminium.
   2. If the Customer does not pay Abbey Aluminium then Abbey Aluminium reserves the right to cease or suspends the Conduct of its business with this customer.
8. 7. DELIVERY & COMPLETION OF QUOTATIONS
   • 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.
   • 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.
   • 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.
   • 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. 8. WARRANTY AND GUARANTEES
   1. Abbey Aluminium 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.
   2. To make a warranty claim, SEND a written email request to accounts@abbeyaluminium.com.au.
   3. 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 email, we will respond to your claim promptly.
   1. 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.
   • Damage caused by accident, misuse, transport by others, installation or any external cause.
   1. 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.
   2. Service work that is carried out by others and not Abbey Aluminium or authorised agents.
   3. Installations of our products from third parties.
   • Tea Staining, rust that can occur on stainless steel hardware near coastal areas
   • Does not cover a leaking subsill in Supply Only quotations.
   1. Window reveals that have not been protected from the weather or its elements
   2. Does not cover marks and scratches that are subject to Australian Standards.
   3. Does not cover cosmetic imperfections or damage.
   • 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.
   • Does not cover mechanical abrasion of metal due to rollers or mechanisms for window and door use
   • 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.
   1. Abbey Aluminium will not be responsible for additional charges of hanging, painting, gyprocking, plaster, a buildings structural integrity 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.

           GLASS

   1. 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.
   2. 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.
   • 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.
   • 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.
   1. Abbey Aluminium 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.

            INSTALLATIONS

   1. It is Abbey Aluminium’s responsibility to ensure that the Works start as soon as it is reasonably possible. The Works commencement date will be put back and the completion date extended by whatever time is reasonable in the event that Abbey Aluminium claims an extension of time (by giving the Customer written OR verbal notice) where completion is delayed by an event beyond Abbey Aluminium control including but not limited to any failure by the Customer to Abbey Aluminium (a) weather; or (b) have the site ready for the Works; or (c) notify Abbey Aluminium that the site is ready. The failure of Abbey Aluminium to deliver shall not entitle either party to treat this contract as repudiated. Abbey Aluminium shall not be liable for any loss or damage whatsoever due to failure by Abbey Aluminium deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the control of Abbey Aluminium.
   2. RISK: Notwithstanding that Abbey Aluminium retains ownership of the Materials, all risk for the Materials passes to the Customer on delivery and installation to the site. If any of the Materials are damaged or destroyed following delivery to the site, but prior to completion of the Works, the Customer shall be liable for any costs incurred by Abbey Aluminium in replacing or repairing the Materials.
   • If any Asbestos needs to be disturbed in any way. Work will stop and the owner will have to have it removed by professionals at their cost, not Abbey Aluminium.
   1. No responsibility will be taken for existing timber beams that may sag in the future. Uncovered paint lines around windows or door due to the installation is not covered by Abbey Aluminium. 
   2. Any unforeseen problems such as steel or timber posts or, dry rot, electrical work, plumbing, white ants, Structural brick work or building sections that may collapse on removal of an existing window or door, wall or kitchen tiles and so on are NOT covered under the installation by Abbey Aluminium. The Customer shall be liable for any costs associated with these unforeseen problems. 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.
   9. LIABILITY
   1. The Customer must bear the costs of returning to Abbey Aluminium any Goods in respect of which a warranty claim is made in excellent condition.
   2. 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. 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. Any variations to an order are required are to be submitted by email to E: sales@abbeyaluminium.com.au and you must receive acknowledgment from Abbey Aluminium to approve the variation and advice of costing. 
2. To the extent permitted by law, the customer may only return goods if 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.
3. The Contract may be cancelled/varied by the Customer only with the written consent of Abbey Aluminium. 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.
4. 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
5. 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, labour dispute, strike, lockout or interruption or failure of telephone service. No party is entitled to terminate this Agreement in such circumstances
6. 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.

1. 11. 11. PRIVACY
       1. Abbey Aluminium may collect personal and credit information in connection with Abbey Aluminium dealings with the Customer or any Guarantor . The Customer consents to that information being collected and held securely.
       16. ELECTRONIC COMMUNICATIONS
       1. The customer agrees to have invoices and statements sent via email.
       2. The Customer agrees that email communications and messages from our Service M8 system from Abbey Aluminium to the Customer constitute an “electronic communication” within the meaning of the Electronic Transactions Act 2000 (NSW).
       3. The Customer agrees that evidence of Service M8 program and photographic evidence that this constitutes evidence of the “receipt” of the email and or products by the Customer within the meaning of the Act.
       17. PRODUCTION SPECIFICATION
       1. The customer is always responsibility, to advise Abbey Aluminium of any specifications that relate to their BASIX; NATHERS; Architectural Plans; Wind Loads; Water Ratings; and Building requirements and consequently 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.
       2. Abbey Aluminium will not be held 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
       18. INTELLECTUAL PROPERTY

                Ownership

       1. All intellectual property in and to the Website and the Online Resource (including any updates, development, modification, adaptation, enhancement or improvement) and all trade marks (registered and unregistered) used by us in connection with the Website, the Online Resources or the Member Service belongs to us, or alternatively where we are licensed or authorised to use that intellectual property to our licensor.  Apart from the permitted use under these Terms of Use, you acquire no right, title or interest in or to that intellectual property by virtue of these Terms of Use or your access to or use of the Website or Online Resource.

                 Infringement

       1. Without limiting any other provision of these Terms of Use, if the Website or the Online Resource infringes or is alleged to infringe the intellectual property rights of any third party, we may at our discretion, modify or re-work the Website or the Online Resource so that such infringement is removed; procure the right for you to continue enjoying the benefit of the Website or the Online Resource in accordance with these Terms of Use; or immediately terminate these Terms of Use and your access to the Website, Online Resource and, where applicable, Member Service without liability.
       19. GOVERNING LAW

                The law in New South Wales governs these Terms of Use and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales