T's & C's
Terms & Conditions
1.1 These terms and conditions constitute the entire agreement between Mr Curtains & Blinds, its successors and assignees (Mr Curtains & Blinds, we or us) and the Customer relating to the goods purchased by the Customer (Terms and Conditions). There are no agreements, understanding, warranties or representation between the parties other than those contained in these Terms and Conditions. The Customer expressly agrees that his/her offer to purchase the goods is in accordance with these Terms and Conditions and no others.
1.2 All goods and Services sold by Mr Curtains & Blinds are sold in accordance with these Terms and Conditions.
2.1 No title in the goods shall pass to the Customer until the purchase price is paid to Mr Curtains & Blinds in full.
3.1 Unless previously withdrawn, Mr Curtains & Blinds quotations are open for acceptance within 30 days from the date of the quote.
3.2 Mr Curtains & Blinds reserves the right to refuse any order based on this quotation within 7 days after the receipt of the order.
4.1 The Customer agrees to pay a deposit of 50% at the time of ordering.
4.2 The Customer agrees to pay the balance of the purchase price for the goods including GST in a manner acceptable to Mr Curtains & Blinds and must be made on or before installation of the goods.
4.3 If payment is not made Mr Curtains & Blinds may refuse to install the goods or uninstall and retake possession of the goods purchased under any agreement with the Customer.
4.4 Mr Curtains & Blinds may deliver and install the goods to the Customer in installments, at which time part payment would be required.
4.5 If Mr Curtains & Blinds delivers any of the goods by installments, and any one of those installments is defective for any reason:
(a). It is not a repudiation of the contract of sale formed by these conditions; and
(b). The defective installment is a severable breach and must be remedied by Mr Curtains & Blinds, and
(c). It will not give rise to a claim against Mr Curtains & Blinds.
4.6 If the Customer does not pay in accordance with these conditions then the Customer will also be liable for any legal costs incurred by Mr Curtains & Blinds in recovering the debt.
5.1 No order may be cancelled except with Mr Curtains & Blinds consent in writing and on terms which will indemnify Mr Curtains & Blinds against losses.
5.2 Should production have commenced including the cutting of fabrics, Mr Curtains & Blind is under no obligation to consent to the cancellation.
5.3 If a refund is offered for a cancelled order, the costs associated with the cancellation of the order is to be paid for by the Customer and will be deducted from the amount to be refunded.
6.1 Mr Curtains & Blinds acknowledges the Australian Consumer Law () requirements that goods sold to consumers will match the description and any sample provided. Mr Curtains & Blinds provides the following information regarding the accuracy of descriptions and samples.
6.2 Colour matching to samples cannot be guaranteed due to natural dyelot variations.
6.3 Variations to descriptions and samples:
The Customer accepts the composition and manufacturing processes of some goods may result in minor irregularities or variations which do not constitute a fault with the goods. Mr Curtains & Blinds will not be liable for the repair, replacement or refund of goods in the following circumstances:
a) where fabric shrinkage of up to 5% occurs; b) where fabric colours fade; and
c) where dye lot variations occur in fabrics.
6.4 Fabrics have inherent characteristics which could cause changes and imperfections to the goods over time, and fabrics are affected by wear and tear over time. Possible changes include fabric stretching, creasing, bruising, dropping, loosening and shrinking, brought on by a range of factors such as: a) Changes in atmospheric conditions (heating and cooling) b) Moisture and humidity
c) Gravity and the weight of the fabric when hung d) Time
e) Wear and tear
Minor change and imperfections are considered normal and reasonable. Minor change and imperfections are not considered to be a major or minor fault. If the Customer is unsure about whether the changed state is normal or ‘reasonable’, please contact us immediately.
7.1 Mr Curtains & Blinds expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms and Conditions.
7.2 Mr Curtains & Blinds will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising from the products, the services, the late supply of products, or the Terms and Conditions, even if Mr Curtains & Blinds was expressly advised of the likelihood of such loss or damage.
7. 3 Our total liability arising out of or in connection with the goods, services or the Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of goods under the Terms and Conditions.
8.1 The Customer shall indemnify, defend and hold harmless Mr Curtains & Blinds from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from any breach of these Terms and Conditions by the Customer and from any acts, omission or misrepresentation by the Customer in connection with the production, sale, installation, or use of the goods.
9.1 If by any reason of fact, circumstance, matter or thing beyond the reasonable control of Mr Curtains & Blinds that results in Mr Curtains & Blinds being unable to perform in whole or part any obligation hereunder, Mr Curtains & Blinds shall be relived of that obligation here under to the extent and for the period that it is so unable to perform and shall not be liable to the Customer in respect of such inability.
10.1. Any failure by a party to insist upon strict performance by the other of any provision in the Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms and Conditions shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
10.2. You must not assign any rights and obligations under the Terms and Conditions whether in whole or in part without our prior written consent.
10.3. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.4. These Terms will be governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the New South Wales courts.
10.5. These Terms and any document expressly referred to in them represent the entire agreement between you and Mr Curtains & Blinds and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
Please direct any notices to:
Wayne Mullock trading as Mr Curtains & Blinds (ABN 93 450 816 370)