Shoalshade Pty Ltd trading as Budget Curtains and Shoalhaven Shade Solutions

Order Acceptance
The quotation is obligation free until a signature or acceptance via phone or by way of part or full payment is received. The client’s signature or verbal acceptance of the quote or part or full payment of the quote confirms the order and acknowledges agreement to proceed with the conditions of sale.

Responsibility for Measurement
Where Shoalshade Pty Ltd has taken measurements associated with the quotation we remain responsible for ensuring the order fits to the agreed specification. We take no responsibility in the instances where:

  1. Measurements are provided by the client and/or the measurements/specifications change due to errors made by the client or an agent operating on the clients behalf, (e.g: Architect/Builder etc).
  2. Changes in building and construction that are not advised to Shoalshade Pty Ltd that cause the measurements taken by Shoalshade Pty Ltd to be deemed invalid.

Additional charges may be incurred where either of these situations occur and result in changes required to the goods order.

Payment Terms
Part payment of approximately 50% of the total amount quoted is to be payed upon acceptance of the quotation. Final payment is to be paid on completion of originally quoted works unless a prior arrangement has been made and agreed upon by both parties.

-OVERDUE accounts will incur an administration fee of $20 per reminder.
-OVERDUE accounts will incur interest of 10%pa accrued daily

Title
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid for in full. All Goods and related items including but not limited to fasteners, tools, safety equipment, documentation, remain the property of Shoalshade Pty Ltd until the Goods have been paid for in full.

Quotation
Quote valid for up to thirty (30) days unless stated otherwise. A quotation is an offer to sell and no contractual arrangement shall arise from it until the client has agreed upon and signed the quotation or accepted the quote verbally via phone or paid a part payment.

Additional Works
Additional work may be work that is deemed to have not been reasonably foreseeable by any contractor or Shoalshade Pty Ltd at the time of the original quotation or additional work commissioned directly by the client.

Installation
Installation and additional trade contractor costs are as described on the quotation document. Installation and contractor costs must be paid directly to Shoalshade Pty Ltd as per the "payment terms". The client must also have regard for other contractors’ terms and conditions of supply of services, which are available at request from that contractor. The client should also have regard that the quoted price for installation and contractors may vary if additional work is required on site.

Right to Enter Premises
Should non-payment of invoice occur, title of good has not passed to the client. Under these circumstances the Customer authorises Shoalshade Pty Ltd by itself, its agents or representatives at all reasonable times, without notice, to enter onto and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass.

Buyers Cancellation
Unless otherwise agreed in writing, a client shall have no right to cancel an order which has commenced manufacture. If a client cancels an order before the goods have gone into production and there is no cost for Shoalshade Pty Ltd only then will an initial payment be refunded. Cancellation of an order where manufacturing has commenced will result in forfeiture of initial payment and Shoalshade Pty Ltd will pursue further costs involved in such cancellation.

Shoalshade Pty Ltd Cancellation
Shoalshade Pty Ltd Solutions reserves the right to terminate an order or refuse installation on the basis of harassment or inappropriate behaviour towards its staff.

Warranty
All goods supplied are covered by the manufacturer's warranty. The client acknowledges acceptance of warranty terms with acceptance of quotation.

Shoalshade Pty Ltd will guarantee all installation work for 12 months from installation date.

On discovery of any defect in the Goods, the Customer must immediately notify Shoalshade Pty Ltd in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of Shoalshade Pty Ltd to do so unless:

  • The Goods are deemed unsafe.
  • More damage will occur if action is not taken immediately.

Should either of the above circumstances arise, the customer has the right to employ another contractor to make the Goods safe. However, the customer must first attempt to contact Shoalhaven Shade Solutions by phone prior to any work commencing and all work done must be documented visually (photo or video), and in writing if a warranty claim is being made.

Electrical items supplied through Shoalshade Pty Ltd that are not covered by a manufacturer’s warranty, will be covered by Shoalhaven Shade Solutions for 12 months from the actual delivery date.

Definitions

Actual Delivery Date: The date at which the goods are provided to the client or the date at which the goods become available for the client to receive, whichever is the earlier date.

Additional work: Work that is deemed to have not been reasonably foreseeable by the contractor or Shoalhaven Shade Solutions at the time of the original quotation and/or additional work commissioned by the client during the course of the project / works.

Anticipated Completion Date: The date quote by Shoalshade Pty Ltd at the time the installation process is confirmed with the client. This date may vary where reasonably unforeseeable circumstances hinder the progress of the works/project.

Anticipated Delivery Date: The date quoted by Shoalshade Pty Ltd as the anticipated date of delivery on the original quotation/invoice document.

Client: The person named in the quotation/invoice document.

Payment: The payment required under the quotation/invoice.

Quotation: The quote submitted by Shoalshade Pty Ltd on the quotation/invoice document which the client signs or accepts via phone or by part or full payment to confirm the order and in which these terms and conditions are deemed to be incorporated.

Tax Invoice: The tax invoice provided by Shoalshade Pty Ltd based on the quotation/invoice document once the quotation has been signed or accepted via phone by the client, in which these terms and conditions are deemed to be incorporated.