Terms and Conditions of Sale
TEAL WINDOWS PTY LTD - (ACN 092 329 309)
Teal Windows Pty Limited (Teal Windows) will guarantee all our products will meet our valued customer’s expectations in material and workmanship. Our long-standing reputation in the industry, experience in manufacturing joinery and our ongoing commitment to strive to improve our service, product and range ensure that Teal Windows will produce the outcome our loyal and satisfied customers have come to know and expect.
All Teal Windows, doors and windows are guaranteed to be of good quality, workmanship and materials, and free from defects which would render them unserviceable or unfit for the use for which they were manufactured for seven years from the date of shipment by Teal Windows. Teal Windows, subject to its terms and conditions of sale, agrees to replace any product found to be defective within the meaning of this guarantee. Teal Windows will not be liable for any further claims relating to the removal of the defective product, reinstallation, hanging, re-painting or other costs associated with replacing the product.
Product Care and Maintenance
1. Teal Windows checks all timber for moisture content prior to manufacturing to ensure that it is within the allowable tolerance. Any warping or shrinkage due to the product not being properly sealed within 48 hours of delivery to site and/or not stored correctly away from the wind, moisture and direct sunlight, will not be considered a defect
2. All doors and windows must be properly sealed and finished on all four edges and both faces immediately after fitting and prior to installation. Do not forget to seal the bottom edge of doors and windows before installation. All sealing must be done with a suitable timber sealer. If in doubt you should contact Teal Windows to seek a recommendation as to a suitable sealer. If painting only oil-based paints should be used. Acrylic or water-based paints are not considered suitable for timber doors and windows and if used may invalidate the warranty. Doors and windows that are to be exposed to direct sunlight should be finished in light reflective colours the use of dark colours may invalidate the warranty.
3. All doors and windows should be stored flat in a dry location away from direct sunlight. .
4. All windows and doors should be inspected on delivery and if found to be defective we must be notified within 48 hours of delivery. The window or door should be returned to the point of purchase in its original condition together with your receipt as proof of purchase.
5. Hardware sourced from other manufacturers and suppliers used in our product (eg. locks, handles, hinges, insect and fire rated or security screens) are not covered by the above Warranty offered by Teal Windows but are subject to and covered by the Warranty (if any) given by the manufacturer and/or supplier of that hardware.
6. Grain, texture and colour variations are natural characteristics of timber and are not considered a product fault or defect.
7. It is the responsibility of the installer to ensure that all units are fitted in accordance with the Building Code of Australia and that the glazing beads are fitted to the outside of the frame, the frame is plumbed and level and fixed square with the diagonals equal when fitted, and those factory clearances are maintained on pre-hung units.
8. Should it be necessary for Teal Windows to re-fit or adjust our windows or doors after they have been incorrectly fitted, travelling and on-site labour will be charged.
9. If any joinery is to be cut down from the original size it is recommended that you contact Teal Windows first so not to exceed the maximum trimming amount. Ensure that any cut or planed surfaces are properly re-sealed, particularly end grains at top and bottom.
10. All glass is checked by our supplier and Teal Windows before delivery. Any Glass/ Hardware should be inspected on delivery and if found to be defective we must be notified within 48 hours of delivery. Due to the nature of building, we can not be held responsible for glass or hardware being damaged by other Tradespeople.
11. Joinery should be coated and maintained on a regular basis to prevent deterioration with Sikkens™ transparent woodcare products, or a similar premium coating or an appropriate paint or oil, having proper regard for weather conditions, building design and product exposure. This coating must be applied to all six faces of the product. If warping is caused by the product being coated on one face and not all six at the same time then this action may invalidate the warranty.
12. In the event of a claim in respect of the warranty as set out above Teal Windows will arrange for a representative to inspect the product said to be defective at the location to which those products were delivered, to ascertain the validity of the claim. No doors or windows once accepted for delivery will be considered by Teal Windows as regards a claim for defective material or workmanship unless so inspected. No liability will be accepted by Teal Windows where products have been used for an application for which they were not manufactured or supplied.
13. Teal Windows may charge the customer for costs incurred in relation to the transportation and delivery of goods ordered. Reasonable and unobstructed access to the delivery point and facilities for unloading must be made by the customer. Demurrage will accrue where any delivery vehicle is delayed at the point of delivery in excess of 1 hour.
14.1 Teal is not bound to accept any order.
14.2 Teal Windows reserves the right to amend specifications of products or services at any time, without notice, in the interest of quality, performance and availability of materials.
15.1 All contracts are deemed to have been entered into at Grafton, NSW.
15.2 The customer must pay for products and services on demand unless Teal Windows has agreed to provide credit facilities to the customer before the date of the customer’s order. If Teal Windows agrees to provide credit facilities, the customer must pay for the products and services within 30 days of delivery of the product or services provided (regardless of the date on which the customer received any invoice or statement in respect of the products or services) or within such other period as Teal Windows notifies in writing to the customer from time to time.
15.3 The customer acknowledges that Teal Windows has no obligation to agree to provide or to continue to provide any credit facilities to the customer. The customer is not entitled to any credit facilities until it receives notice from Teal Windows to that effect and Teal Windows may at any time by notice in writing to the customer reduce, vary or terminate any such credit facilities.
15.4 Teal Windows may charge an overdue account fee of $50.00 per month and interest on all overdue accounts. The rate of interest shall be equivalent to the rate prescribed for the purposes of section 101 of the Civil Procedure Act 2005 plus 2%.
15.5 Teal Windows may recover in full from the customer the costs of collecting any money due and payable by the customer to Teal Windows including the fees of any Mercantile Agent or Solicitor engaged by Teal Windows on a Solicitor/client basis.
Delivery and Acceptance
16. It is the customer’s responsibility on delivery to ensure that all products conform to the specifications and requirements as detailed in the order.
Risk and Title
17.1 Products are at the customer’s risk from the time of delivery.
17.2 Legal and beneficial title to all products remains with Teal Windows until the customer pays to Teal Windows all amounts the customer owes to Teal Windows on any account.
17.3 Whilst Teal Windows retains title to the products Teal Windows may, on reasonable notice, enter premises where the products are stored to inspect them or remove the products where demand for payment in respect thereof has not been met.
17.4 Until the customer pays all amounts it owes to Teal Windows, the customer:- (a) Must store the products in a way that identifies them as Teal Windows product and so that they can be distinguished from all other goods in the customer’s possession; (b) Must keep all products insured against theft, damage and destruction; (c) Acknowledge that it holds the products as Teal Window’s bailee and that a fiduciary relationship exists with Teal Windows; (d) Where the customer sells the products the customer does so as fiduciary agent of Teal Windows and money received from the sale by the customer must be held on trust for Teal Windows to the extent of all money owing by the customer to Teal Windows; and (e) The customer grants to Teal Windows and Teal Windows retains a purchase money security interest in the products and the proceeds of sale thereof under the Personal Property Securities Act 2009 (Cth).
18.1 In this paragraph, Default Event means any of the following:-
(a) The customer does not make a payment due to Teal Windows;
(b) The customer is unable to pay his/its debts as they fall due;
(c) The customer ceases or suspends the conduct of his/its business, or threatens to do so;
(d) The customer dies or commits any act of insolvency or act of bankruptcy;
(e) The customer makes or proposes to make any arrangements with his/its creditors;
(f) Execution is levied on any of the customer’s assets.
18.2 If a Default Event occurs:-
(a) All amounts owed to Teal Windows by the customer become immediately due and payable;
(b) Without notice to the customer and without prejudice to any of its rights Teal Windows may recover and/or resell the products or any of them and may by its servants or agents enter the customer’s premises or any other premises that the customer is entitled to enter.
(c) The customer indemnifies Teal Windows for all claims, actions, suits, demands or orders for costs or damages relating to or arising out of any such action.
18.3 Any legal proceedings may be served on the customer by posting or delivering same to the mailing address of the customers last notified to Teal Windows and in the case of posting shall be conclusively deemed to have been received by the customer on the second business day after posting.
19. These trading terms apply to all orders accepted by Teal Windows from any customer for the purchase of products or provision of services in relation to those products and services unless Teal Windows otherwise agrees in writing.
20. A certificate or statement by a director or secretary of Teal Windows purporting to state the amount owing by the customer to Teal Windows at any time shall be conclusive proof of its contents except in the case of manifest error. Teal Windows reserves the right to withdraw such certificate or statement and issue an amended or new certificate or statement.
21. Any person placing an order on behalf of a corporation:
(a) warrants he or she has the authority of the corporation to place the order and bind the corporation; and
(b) guarantees the due and punctual payment by the corporation of all money due by the corporation to Teal Windows from time to time; and
(c) Agrees to indemnify Teal Windows for any loss, cost or expense suffered by Teal Windows and arising from any failure by the corporation to satisfy any debt or liability or by reason of any payment, debt or liability, being void, voidable, avoided, unenforceable or irrecoverable.