CONTRACTS AND LIABILITY
LEGALLY BINDING CONTRACT
Payment by the Customer to Factory Blinds for the purchase of Goods and Services creates a legally binding valid contract which is enforceable by law and cannot be repudiated without mutual agreement.
BREACH OF CONTRACT
In the event that a contract is breached then Factory Blinds will take legal action to recover the debt along with any and all expenses and costs incurred in the recovery of the debt. Debt recovery will include but not be limited to all legal fees, interest charges and loss of profits.
A breach of contract may also result in;
- Interest being charged to the customer’s account at the rate of 18% per annum calculated on a daily basis effective from invoice date,
- Bookkeeping and notification fees being charged to the customer’s account.
RIGHT TO ENTER PREMISES
In as far as legislation permits the customer authorises and assigns to a representative of Factory Blinds the right to enter the customer’s premises without being guilty of any manner of trespass and at any reasonable time without notice using reasonable force if required and remain at the premises where the goods are located until all the goods have been collected.
RETENTION OF TITLE
Legal and beneficial ownership of the goods will not pass to the customer until the goods have been paid for in full. Until Factory Blinds has been paid all money due and owing the Customer agrees to;
- Keep all goods supplied in trust for Factory Blinds,
- Keep the goods in a manner that identifies Factory Blinds as the owner of the goods,
- And not to sell, damage or destroy the goods directly or indirectly,
In the event that the goods are sold inclusive of a property or business the customer is to hold any proceeds on trust for Factory Blinds.
As far as the law permits the terms of the contract are wholly contained in these terms.
All contracts are deemed to have been made at Factory Blinds place of business being 90-92A Invermay Road, Invermay, TAS 7248. Where an order was placed by means other than the customer being physically present at the business premises the cause of action is deemed to have taken place at the business premises.
In the event of any breach of the contract by the business the remedies of the customer shall be limited to damages which under no circumstances shall exceed the price of the goods in the contract.
If any statutory provisions under legislation apply to the contract between Factory Blinds and the customer then to the extent to which the business is entitled to do so liability to Factory Blinds under the statutory provisions is limited at the discretion of Factory Blinds to;
- replace or repair the Goods, or
- supply Goods of equivalent value and quality, or
- pay to the Customer the cost of replacing or repairing the Goods or of acquiring equivalent goods.
All other conditions and warranties which might be otherwise implied by law and which may be excluded are expressly excluded.
Factory Blinds shall be under no liability whatsoever to the customer for any loss suffered by the customer arising out of a breach of these Terms and Conditions by Factory Blinds
The customer shall not be entitled to set off against or deduct from the price of the goods any sums owed or claim to be owed to the customer by Factory Blinds nor to withhold payment of any invoice because part of that invoice is in dispute.
Factory Blinds is not subject to and the customer releases it from any liability including but not limited to consequential loss or damage because of any delay in delivery or fault or defect in the Goods.
The Business may review these Terms and Conditions at any time and if there are any changes to these Terms and Conditions the changes will take effect from the date the business posts such changes on its website, www.factoryblinds.com.au
WAIVER OF BREACH
The failure by Factory Blinds to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision nor shall it affect the right of the business to subsequently enforce that provision.
ASSIGNMENT OF CONTRACT
The customer cannot assign the contract or any rights under the contract without the prior written consent of Factory Blinds which will be at the absolute discretion of the business to do so.
If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
The Terms of contract and any dispute arising between Factory Blinds and the customer shall be governed by the laws of Tasmania and the parties are subject to and submit to the jurisdiction of the courts of Tasmania in Launceston Tasmania.
To view your full rights and entitlements refer to the Australian Consumer and Competition Commission (ACCC) website
ACCC Home Page https://www.accc.gov.au/consumers