We, us, our and similar expressions refer to Marcus James Domestic & Commercial Services Pty Ltd ABN 45 613 362 753 trading as Complete Doors Sydney and you, your and similar expressions, refer to you, our customer or proposed customer as named in any purchase order, written quotation or document setting out details of the goods and services agreed to be supplied by us (“Our Quote“). These terms and conditions apply to any supply of our goods and/or services to you.
Prices for goods and services are based on rates and costs at the date of the contract and are inclusive of GST unless stated otherwise in Our Quote. We reserve our right to increase the price for goods and services after we have accepted an order to cover the full amount of any increase in GST, duties, customs or other taxes or other additional costs that are discovered upon inspection of the installation site, such as unforeseen additional work that is required due to the condition of the installation site before your goods can be properly installed (Additional Costs). If the Additional Costs exceed the original amount in Our Quote by 50% or more before we commence production of the goods, then you may cancel the order within five (5) business days. If you validly cancel, we will refund 80% of the Deposit paid and retain 10% of the original price of Our Quote. The price in Our Quote excludes the following unless expressly stated otherwise:
- cost of repair of existing door jambs/frames
- waste disposal of old doors ($75 per door), and
- other trade works that may be required.
If you accept Our Quote, you must attend to payment of the 50% deposit in relation to Our Quote (Deposit) on our website at www.completedoorssydney.com.au (Website), by direct transfer to our account or by credit card over the telephone. By paying the Deposit you are making us an offer to purchase (Order). The agreement between you and us in respect of the Order will be formed and binding once your payment of the Deposit has been received by us.
Upon receipt of your Deposit and after we have attended at the installation site for final measurements and inspection, we will commence custom production of the Order and then upon completion of the custom production, arrange with you to attend to installation of the goods.
The balance of Our Quote and any Additional Costs will become due and payable immediately upon completion of the installation of your Order. Payment of the balance can be made on our Website. All payments are final, and your Order is non-transferrable.
Upon payment of the Deposit, you cannot cancel an Order unless we agree in writing to the contrary or in the circumstances as described in clause 1. You should therefore check your Quote carefully before paying your Deposit. If we agree that you can cancel an Order, you must pay us a reasonable cancellation fee. Each accepted order comprises a separate contract incorporating these terms and conditions unless agreed otherwise in writing by us.
An Order that has been accepted by us may be cancelled by us at any time for any reason, including but not limited to the following circumstances:
- if we suspect that you are acting fraudulently
- if there has been an inadvertent error in the pricing of a product
- if there is an unforeseen shortage of supply which results in the goods being unavailable.
If cancellation is due to a shortage of supply or error in pricing we will refund the total of the Deposit paid by you except in relation to any financial institution fees incurred by you in paying the Deposit.
4. Default in payment
You must pay interest at the rate of ten percent (10%) per annum calculated on a daily basis on any moneys that is due and payable but remains unpaid until payment is made in full, plus any costs or expenses (including legal costs and expenses on a full indemnity basis) that we incur in relation to seeking payment from you.
5. Title and risk
- Risk in the goods passes to you on completion of the installation.
- We retain title to the goods until we receive payment in full for all goods supplied.
- We will deliver and install the goods at the installation site indicated in Our Quote.
- If you refuse or fail to allow us to install the goods within four (4) weeks from the date we notify you the goods are ready for installation, then the goods are deemed to be delivered to you four (4) weeks from the date of our notification and you are liable to pay us fifty
- You must pay for all charges relating to delivery and installation in addition to the price for the goods including storage and transportation costs and expenses.
- Time of delivery is not of the essence. We will make every endeavour to dispatch and install your Order within three (3) to six (6) weeks of receipt of the Deposit, unless otherwise specified. However, this is an estimate only and we will not be liable for any delay in delivery and installation whatsoever.
- Any specifications referred to in any advertising, marketing or promotional material or in Our Quote are subject to change without notice.
- You acknowledge and agree we rely on the accuracy and completeness of any information you provide us for the purpose of providing you with the goods and/or services.
- We will not be responsible for goods and/or services that do not meet your requirements or fit your purposes if the goods and/or services were provided on the basis of inaccurate or incomplete information provided by you.
- If we provide any warranty in relation to the goods and/or services, subject to paragraph (b), our warranty will be in accordance with any warranty provided by the manufacturer or supplier of the goods or warranty document issued by us.
- However, you may not make a warranty claim if:
- you still owe us money for the relevant goods and/or services
- you do not return the goods to us or we are unable to investigate or verify the alleged defect
- the goods have been installed, painted, stained or used improperly or unreasonably or not in accordance with our recommended or the manufacturer’s recommended instructions
- you fail to promptly notify us of any defect or failure in the goods after installation
- the claim arises out of or in connection with fair wear and tear
- the claim arises out of or in connection with incorrect or inaccurate information provided by you
- the claim arises out of or in connection with the existing door jambs/frames, walls or floors not being square or level
- you continue to use the goods after you became aware of or should reasonably have become aware of, the defect
- the goods have been altered or modified unless you notified us at the time of purchase of your intention to alter or modify the goods and we agreed in writing that you would still be covered by a warranty
- the goods have been attached to other property and cannot be detached without damaging the goods
- the goods are lost, destroyed or disposed of so we are unable to investigate or verify the alleged defects, or
- further damage is caused to the goods in transit from you to us to the extent we are unable to investigate and verify the alleged defects.
- Where legislation implies in these terms and conditions any condition or guarantee which cannot be excluded or modified, the condition or guarantee is deemed to be included in these terms and conditions.
- To the fullest extent permitted by law, our liability for breach of any non-excludable condition or guarantee is limited as follows:
- in relation to goods, at our option, to replace or repair the goods or supply equivalent goods or pay for the cost of replacement or repair of the goods or supply of equivalent goods and
- in relation to services, at our option, to re-supply the services again or pay the cost for the re-supply of the services again.
10. Exclusions and Limitations
- To the fullest extent permitted by law we exclude all conditions, warranties, representations and liability in relation to the goods and/or services other than the warranties referred to in paragraph 8(a).
- To the extent we are unable to exclude liability under paragraph (a):
- we exclude all liability for:
- any indirect, consequential or special loss
- loss of profit, goodwill, business opportunity or anticipated savings or benefits, and
- any damage or injury of any kind howsoever arising, and
- our aggregate liability (whether under statute, contract or in tort including for negligence) in relation to the supply of the goods and/or services is limited to the price you have paid for goods and/or services ordered.
- we exclude all liability for:
Subject to clause 10, you indemnify and keep us indemnified against all loss and damage suffered as a direct result of any breach by you of any of these terms and conditions except to the extent the loss or damage is caused or contributed to by us.
- We may suspend or terminate any contract with you or this agreement with you by notice with immediate effect if you:
- commit an act of bankruptcy or become insolvent
- go into administration (voluntary or otherwise) or a liquidator, receiver or receiver and manager is appointed over any part of your property
- fail to comply with an essential term being the obligation to pay for the goods and/or services and associated delivery charges, and take or accept delivery of the goods and/or services
- are in breach of a material term which is not capable of rectification, or
- are in breach of a material term which is capable of rectification and after being a reasonable opportunity to rectify the breach having regard to the nature of the breach, which in any event will not exceed a period of thirty (30) days, you fail to remedy or rectify the breach to our satisfaction in our absolute discretion.
- Our right to suspend or terminate any contract or this agreement with you is without prejudice to any other right or remedy in respect of the breach or default.
- You may terminate any contract or this agreement by notice if we:
- become insolvent and legal proceedings have been commenced to wind up us
- are in breach of a material term which is not capable of rectification, or
- are in breach of a material term which is capable of rectification and after being given a reasonable opportunity to rectify the breach having regard to the nature of the breach we fail to remedy or rectify the breach to your satisfaction (acting reasonably).
- Termination of any contract or this agreement does not affect any accrued rights or remedies we or you may have against the other party.
- Clauses 2, 3, 4, 5, 8, 9, 10, 11, 12, 13 and 14 will continue to apply after termination of our agreement with you.
13. Personal information
We collect your personal information for the purpose of providing you with our goods and services, to provide you with Our Quote, to communicate with you and to provide you with information about our goods and services from time to time. If you do not provide the requested personal information to us, we may not be able to fully and effectively provide you with our goods and services.
- These terms and conditions together with any purchase order, written quotation, proposal or statement of work form the entire agreement and understanding between us and you in relation to the sale and purchase of relevant goods and/or services. Where there exists an inconsistency between these terms and conditions and a purchase order, a written quotation, proposal or statement of work, the order of precedence will be, from the document with the highest order of priority, our Quote and these terms and conditions.
- If a dispute arises between us and you, either party may notify the other party of the dispute and without prejudice to any other right or entitlement a party may have, the parties must explore resolution of the dispute informally by negotiation, mediation, independent expert appraisal or some means before commencing legal proceedings.
- If we are delayed or interrupted in, or prevented from, performing any obligation under these terms and conditions by any cause beyond our control
(and that cause was not originally and directly caused by any act or omission of ours), we will not be in breach of these terms and conditions and the time for performance of the obligation will be extended by a period of time equal to the duration of the cause of the delay, interruption or prevention.
- No failure, delay, relaxation or indulgence on the part of a party in exercising any right, power, privilege or remedy in connection with this document operates as a waiver of that right, power, privilege or remedy nor does any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of that or any other right, power, privilege or remedy. A waiver is not valid or binding on the party granting that waiver unless in writing and duly signed on behalf of that party.
- We may set off any amount owed by you to us against any amount owed by us to you and pay only the net amount remaining.
- Any notice or approval given pursuant to these terms and conditions must be in writing and duly signed on behalf of that party.
- You may not assign your rights under these terms and conditions without our prior written consent. We may assign our rights under these terms and conditions and if we do so, we will inform you to that effect.
- You agree to do all things and sign all documents necessary or desirable to give full effect to the provision of our agreement with you.
- If any term or condition in these terms and conditions is found to be void or unenforceable at law, that term or condition will not affect any other term of these terms and conditions and, as far as possible, will be read down to the extent required to make it enforceable. If necessary, the parties will, in good faith, negotiate a valid and enforceable replacement term to express their intention.
- These terms and conditions may only be amended in writing and signed by you and us.
- The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.
- These terms and conditions are governed by and to be interpreted according to the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts in New South Wales.