Terms and Conditions of Sale and Installation

1. Definitions

a. “Conditions” means the condition of sale

b. “Customer” means the person or corporation to whom the quotation is addressed

c. “Products” means custom made doors, blinds, awning, shutters and or all other goods and services supplied by Wynstan to the customer pursuant to the quotation

d. “Quotation” means the quotation given by Wynstan to the customer in conjunction with these conditions

e. “Wynstan” means Wynstan Designs Pty Ltd ABN 94 120 486 099 of 6 Foray St Yennora NSW 2161

2. These Conditions are incorporated into the quotation given to the customer for the supply of Products by Wynstan as specified on the quotation.

3. The prices quoted are valid for thirty (30) days from date as indicated on the quotation, unless otherwise stated in writing by Wynstan. This does not apply to special offers as offered from time to time.

4. Prices quoted are inclusive of GST.

5. Upon receipt of the customer’s acceptance of the quotation, Wynstan reserves the right to review the quotation prior to commencement or at check measure. The quotation is subject to correction, for clerical or mathematical errors or unforeseen costs associated with manufacturing or installation.

6. Wynstan reserves the following, upon confirmation and acceptance of the quotation

a. Require a 50% deposit to proceed with the order.

b. Require final payment to be paid to a Wynstan Showroom on collection of the goods, or to the Installer, at the time of installation.

c. All finance approved orders will be settled in full at the time of ordering.

7. All orders are COD unless prior arrangements have been made for a credit account which are due for invoice by 23rd of month end of the current month of invoice, created 24th of month are due the end of the next month.

8. Forms of payment accepted for COD orders are Cash, Cheque, Eftpos, Mastercard, Visa card and American Express (a surcharge applies for all credit transactions and is subject to change without notice).

9. Any additional costs outside the contract agreement due to the Customer’s cause will be passed on to the Customer as an adjustment to the balance owed.

10. Any debt collection charges, legal expenses and collection agent’s commissions incurred in attempting to recover any outstanding payment shall be payable by the customer.

11. A payment must be made for any part of the order left on site. No goods will be left on site if the part payment is not made. This will include but is not limited to removal of any products if payment or part payment is not made at time of installation.

12. Once the order has been given the go-ahead (a deposit paid or accepted purchase order) the order cannot be cancelled or modified. Any costs associated with any modification or cancellation will be immediately payable by the customer.

13. The warranty of all products shall be three (3) years limited warranty. This warranty is only valid when the products have been fully paid for and does not cover normal wear and tear, including fading of fabrics and other materials. This warranty does not cover accidental damage, misuse, or incorrect installation from the Customer. A copy of the Warranty document can be found at www.wynstan.com.au.

14. Wynstan will supply a safe storage, for a maximum of one month, where prior arrangement and balance has been paid. A fee of 10% of the total order per month will be charged as a storage fee.

15. Wynstan accepts no responsibility in the customer’s final selection of products, colour and fabrics.

16. Any date fixed for completion, of any work by Wynstan, is fixed in the light of circumstances existing at the date hereof. Wynstan will not be responsible for delay in completing, or failure to complete such work, caused by circumstances for which Wynstan is not responsible for, or has no control over (including but not limited to transport strikes, industrial disputation, manufacturing or fabric delays, etc.)

17. This order is given on the basis that all work is carried out during normal working hours, unless otherwise arranged and quoted for. Normal Hours are 7am to 6pm Monday to Friday and 7am to 4pm on Saturdays.

18. Title to the goods does not pass until the Customer has paid all monies owing to Wynstan on any account in full.

19. Wynstan will not be liable for any loss or damage whatsoever suffered by the customer as a result of any act, omission or statement made by Wynstan, its employees, contractors, or agents whether in contract, negligence or howsoever otherwise, except that nothing in these Conditions limits any liability imposed by any statute, unless or to the extent that it is lawful to do so.

20. Wynstan does not accept responsibility for the manufacturing of products to the measurement supplied by the Customer, if those measurements are incorrect. Any alterations to products will be at the customer’s expense. Wynstan will not be responsible for any electrical work, organizing any electrical work or be liable for any associated costs.

21. Variations of shade can occur in the manufacturing of different products and materials supplied under these conditions. Wynstan will take the best effort but cannot assume responsibility for variations in colour or grain structure.

22. Measurements are shown for production only, and may not necessarily be the finished size of the Product.

23. Wynstan accepts no responsibility for changes in length, shrinkage or dropping of Products or material, and Wynstan shall not be liable in any way for loss or damage as a consequence thereof. Any alterations due to this will be charged.

24. Wynstan takes no responsibility for the structural imperfections of the Customer’s home.

25. It is the customer’s responsibility to ensure there is a suitable fixing point prior to installation. Items are to be cleared from in front of the installation area to allow a 1 metre access to the area at the time of installation. Where customers are responsible for the removal of any existing coverings, a charge will apply if a Contract Installer is required to remove any existing coverings on the actual date of installation and the contractor will not be liable to repair any holes or chipping on removal of any products.

26. Installations of Products at a height over three (3) metre may be subjected to additional charges for scaffolding, high ladders and safety equipment.

27. These trading terms and conditions of sale shall be governed and interpreted in accordance with the laws for the time being in force in New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.