Terms & Conditions of Trade

1. Interpretation

In the interpretation of this agreement:

“Customer” means the customer as specified on the quote form, and in the case of a partnership, each partner and his heirs, successors and personal representatives and in the case of a corporation, the customer and each director and its and their successors, personal representatives and heirs as the case may be.

“Goods” means all goods and chattels, and all services associated with the supply and installations or repair of the goods or services supplied to the Customer, as specified on the reverse side of this form.

“Supplier” means NEYLOR HOLDINGS PTY LTD (ACN 071 629 377), its successors, assigns, related companies (within the meaning of the Corporations Act), sub-contractors, employees and agents.

2. Goods and Services Tax

Unless otherwise specifically stated, all amounts payable under this agreement are expressed on a GST exclusive basis.

3. Payment

1. Unless otherwise agreed in writing, the Customer must pay a 50% deposit when placing an order and signing this agreement, and must pay the balance owing on the day, and immediately after, the goods are installed.
2. The Customer shall make payment for the goods notwithstanding any minor or inconsequential defects or deviations from the specifications that do not affect the performance of the goods.
3. All money payable by the Customer under this agreement shall be paid free and clear of any and all deductions, set-offs or counterclaims.
4. If the Customer defaults in a payment required to be made pursuant to this agreement:
   1. All monies due to the Supplier immediately become due and payable and shall be paid by the Customer immediately on the Supplier’s demand;
   2. The Supplier is entitled to charge interest on the overdue amount, at the rate of 12%, from the due date for payment;
   3. The Customer agrees to pay all and any interest, costs, commissions and legal expenses of the Supplier whatsoever arising from the collection of any overdue monies or breaches of this agreement by the Customer. To avoid doubt, these costs are to be calculated on an indemnity basis, and include legal costs incurred as a result of making a claim in a court of competent jurisdiction. Such interest, costs, commissions and legal expenses may be recovered by the Supplier as a liquidated debt;
   4. The Customer will not initiate any claims against the Supplier in relation to loss or damage of goods or defective workmanship unless and until all amounts owing to the Supplier by the Customer have been paid in full;
   5. The Customer unconditionally agrees that the Supplier may be represented by a legal practitioner in any court of competent jurisdiction in which the Supplier may bring a claim in relation to the collection of any overdue monies or breaches of this credit agreement by the Customer;
   6. The Supplier may enter any premises where the goods may be stored from time to time (with or without others) and to retake possession of the goods, and the Customer hereby indemnifies the Supplier against any claim, action or damages arising out of any such action and against the cost of such action.

4. Retention of Title

Goods supplied to the Customer remain the absolute property of the Supplier, as legal and equitable owner, and no person shall be entitled to use, dispose of or otherwise deal with, the goods in any way which is inconsistent with the Supplier’s rights or this agreement until such time as all money due to the Supplier have been paid by the Customer.

5. Charge

The Customer agrees to charge any land now owned, or acquired in the future, by the Customer to secure payment of all outstanding accounts and the Customer agrees to enter into a Mortgage over such land upon being required to do so by the Supplier.

6. Acknowledgements

The Customer acknowledges that:

1. though the Supplier will use its best attempts to deliver and install the goods by the due date, it is not liable in any way for damages, loss or expense of any kind incurred by the Customer due to the Supplier’s inability to complete the installation by the specified date;
2. any claim for warranty relating to the goods or installation of the goods under these terms do not negate any of the terms of this agreement;
3. fabric shading and weaves can be subject to slight variations between product runs;
4. the Supplier’s blinds are made square, and whilst every effort is made for them to fit neatly, the Supplier is not responsible for windows being “out of square”;
5. if blinds are installed prior to floor coverings or sills, no responsibility for clearance lines is accepted by the Supplier. The Customer must notify the Supplier in writing prior to acceptance of the order, giving measurement details of any floor coverings or sills to be installed by the Customer or his agents;
6. the Customer is responsible to remove any existing window treatment and fittings for the purpose of providing free access for installation, unless previously agreed in writing.

7. Governing Law

This agreement shall be governed by the laws of Western Australia in force from time to time, and the parties agree to submit to the jurisdiction of the Courts of that State.