Terms and Conditions
Effective Date: 01 August 2024
These Terms and Conditions (“Agreement”) governs the sale, installation, and use of products and services provided by Screen Whiz Pty Ltd (“Screen Whiz”, "we," "us," or "our") to the customer ("you" or "your").
By acceptance of a quote and/or a payment of a deposit, you agree to be bound by these Terms and Conditions, regardless of whether a formal agreement has been signed.
Please read the Terms and Conditions carefully before proceeding
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1. General Information
1.1 Screen Whiz offers sales, installation, and maintenance services for retractable screens, awnings, fly screens, and other related products.
1.2 We reserve the right to modify, update, or revise these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised version on our website or providing notice to you.
1.3 Quotations provided by Screen Whiz are valid for thirty (30) days from the date on the quote and may be subject to change after that time. Accepted orders are subject to change upon a final check measure by Screen Whiz.
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2. Orders and Purchases
2.1 All orders placed with Screen Whiz are subject to acceptance. We reserve the right to refuse or cancel any order at our discretion, including after payment has been processed.
2.2 You must provide accurate and complete information when placing an order. We are not responsible for any errors or delays caused by incorrect information provided by you.
2.3 Product images, descriptions, and specifications on our website or marketing materials are for general informational purposes and may not reflect the exact features or appearance of the final product.
2.4 Screen Whiz takes no responsibility for material variations such as colour, grain, rippling, shrinkage or changes in length and we shall not be liable in any way for loss or damage suffered as a consequence thereof.
2.5 Every attempt will be made by Screen Whiz to ensure that the products sold and delivered match samples provided to you. Any variation or change in colour or grain between the sample and the goods delivered shall not entitle you to reject the goods nor to claim any compensation for such variation or change.
2.6 The standard for imperfections on the final job is considered acceptable if it is not visible with the naked eye, and in natural daylight at a distance of 1.5 metres.
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3. Pricing and Payment
3.1 Prices for products and services are listed in Australian Dollars (AUD), unless otherwise specified. All prices are subject to change without notice.
3.2 An initial deposit of 50% is due upon acceptance of the quote and the final 50% shall be paid on the day of installation, unless otherwise agreed. We accept various forms of payment including credit cards, debit cards, and bank transfers.
3.3 Any applicable taxes, delivery fees, or additional charges will be added to the final invoice.
3.4 The goods and services supplied by Screen Whiz shall remain the property of Screen Whiz until full payment is received. We have the right (without serving notice) to retake possession of the goods supplied if you default on any terms of this agreement. Screen Whiz, its representatives, agents, or employees have the authority to enter premises upon which the goods are housed or stored for reclaiming possession.
3.5 If the customer is not ready to receive delivery or to have the goods installed within four weeks of Screen Whiz notifying the customer that the goods are ready to be installed, the customer agrees to pay the final payment, or as otherwise agreed.
3.6 If the customer refuses to accept delivery or installation of goods, the final payment is immediately payable to Screen Whiz. Screen Whiz is entitled to treat the amount equal to the final payment as judgement debt. This shall be capable of enforcement as a judgement debt without Screen taking any further action or the requirement to commence and additional legal action to obtain a judgement debt against the customer.
3.7 The customer agrees not to withhold payment for any reason.
3.8 The customer agrees that service of any notices or court documents may be effective when forwarded by email, pre-paid post, or facsimile to the last known address or facsimile number of the customer.
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4. Installation Services
4.1 Installation services will be provided by Screen Whiz or, where applicable, by an authorized third-party contractor.
4.2 You are responsible for ensuring that the installation site is accessible, safe, clear of any obstacles (e.g. furniture, old window furnishings, trip hazards and valuables), and suitable for the installation of products. Any delays caused by site issues will be at your cost, due and payable prior to completion of the installation.
4.3 We will make reasonable efforts to complete installations as scheduled, but we are not liable for delays caused by factors outside of our control including but not limited weather conditions, supply chain disruptions, permits or regulatory approval, infrastructure issues, health and safety concerns, or delays by third party carriers.
4.4 Any modifications or adjustments to the initial scope of work may result in additional charges, modified quotations and time delays.
4.5 We do not accept responsibility for any damage to the premises/installation
site, belongings, or interruption to services where such damage or interruption is due to circumstances beyond the control of Screen Whiz or where there is non-compliance with clause 4.2 above.
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5. Delivery and Shipping
5.1 If applicable, delivery charges will be added to the order.
5.2 Shipping costs are non-refundable, and delivery times may vary based on location and product availability.
5.3 Delivery timelines are estimates only and are not guaranteed. Screen Whiz is not responsible for delays caused by third-party shipping carriers.
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6. Warranty and Returns
6.1 We provide a warranty on our products and services as specified by the manufacturer or supplier. Warranty terms vary by product and may include defects in material or workmanship.
6.2 If you believe your product is defective, you must notify us within the applicable warranty period and provide proof of purchase. We will assess the issue and offer a solution, which may include a repair or replacement. If the Screen Whiz technician deems the reported defect is not due to faulty workmanship or material, a call-out fee of $200 will be charged and is payable. Non-payment of such fees will be capable of enforcement as a judgement debt.
6.3 As all our products are custom-made, we do not accept returns or process refunds.
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7. Limitation of Liability
7.1 To the fullest extent permitted by law, Screen Whiz's liability for any claims arising out of the sale, installation, or use of products or services is limited to the total value of the product or service purchased.
7.2 We are not liable for any indirect, incidental, or consequential damages, including loss of profits, business interruption, loss of income or damage to property, arising from the use or inability to use our products or services.
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8. Privacy and Data Protection
8.1 We are committed to protecting your privacy and personal information.
8.2 We will only share your information with third parties when and where necessary to process your order, to provide the products and services you requested, or as required by law.
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9. Force Majeure
9.1 Screen Whiz is not liable for any failure or delay in fulfilling its obligations under this Agreement due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, strikes, or supplier delays.
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10. Governing Law
10.1 These Terms and Conditions are governed by and interpreted in accordance with the Australian Consumer Law pursuant to Schedule 2 of the Competition and Consumer Act 2010.
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Contact Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Screen Whiz
PO Box 76, Belmore, NSW, 2192
+61 434 886 644
info@screenwhiz.com.au