GENERAL TERMS AND CONDITIONS OF SALE
To the fullest extent legally possible, all contacts made between Finesse Window Systems Pty Ltd (as defined in all order forms and invoices) and the Customer relating to any goods and services [the “goods” and/or the “services”] are subject to the following terms and conditions of sale [“these terms”] unless otherwise expressly agreed in writing.
1. Payment Terms: Payment is to be made by cash, cheque, bank cheque, or Electronic Funds Transfer without deduction within 30 days from the invoice date.
2. Interest on Overdue Accounts: Interest will be charged on overdue accounts at the Penalty Interest Rates Act 1983 (Vic) rate plus 2%.
3. Property: Property in goods shall not pass until payment in full of all monies owed by the Customer. Finesse Window Systems Pty Ltd reserves the right to take possession and dispose of goods as it sees fit at any time until full payment.
4. Customer’s Responsibilities: a) The Customer grants permission to Finesse Window Systems Pty Ltd to enter any property where any products are stored/installed and with such force as is necessary. b) Immediately upon delivery or installation, the Customer accepts liability for the safe custody of goods and agrees to indemnify Finesse Window Systems Pty Ltd for any losses relating thereto. c) Upon sale or disposition of any goods prior to full payment, the Customer agrees to deposit all proceeds into a bank account supplied by Finesse Window Systems Pty Ltd and shall forthwith account to Finesse Window Systems Pty Ltd. d) Until payment in full, the Customer agrees to keep all goods unpaid for as fiduciary for Finesse Window Systems Pty Ltd and to store products in a manner which shows Finesse Window Systems Pty Ltd as the owner. e) This clause is not intended to create a charge over any goods and shall be read down to the extent necessary to avoid creating a charge. f) The Customer agrees that a certificate signed by an officer of Finesse Window Systems Pty Ltd identifying goods as unpaid for shall be conclusive evidence that the goods have not been paid for and of Finesse Window Systems Pty Ltd’s title thereto.
5. Limitation of Liability: The Customer agrees to limit any claim it makes to the cost of supply of equivalent goods. Finesse Window Systems Pty Ltd reserves the right to withdraw any offers made or quotations provided at any stage. Finesse Window Systems Pty Ltd shall not be liable for any claim, loss, or expense arising more than 14 days from the date of delivery of goods and/or services, or once goods have been unpacked, on-sold, or otherwise used and applied. Finesse Window Systems Pty Ltd shall not be liable in any way for any contingent, consequential, direct or indirect, special, or punitive damages arising, whether due to Finesse Window Systems Pty Ltd’s negligence or otherwise, and the Customer acknowledges this express limit of liability and agrees to limit any claim accordingly.
6. Customer Material: The Customer acknowledges and agrees that it is the Customer’s sole responsibility to ensure that materials, designs, drawings, specifications, procedures, etc., provided by or on behalf of the Customer to Finesse Window Systems Pty Ltd are correct and appropriate in every particular and will be relied upon by Finesse Window Systems Pty Ltd.
7. Placement of Orders: a) In the event of any dispute concerning any order, the internal records of Finesse Window Systems Pty Ltd will be conclusive evidence of what was ordered. b) Each order placed by the Customer represents that the Customer is solvent and able to pay all debts as they fall due. c) Failure to pay Finesse Window Systems Pty Ltd in accordance with these terms shall be conclusive evidence that the representations made by the Customer were unconscionable, misleading, and deceptive. d) The Customer shall inform Finesse Window Systems Pty Ltd of any material facts that might reasonably affect the commercial decision by Finesse Window Systems Pty Ltd to accept the order and/or grant credit.
8. Purchase Price: All sales are made by Finesse Window Systems Pty Ltd at its ruling price at the time of delivery. The Customer shall provide its tax file number and any information required by any GST or equivalent to Finesse Window Systems Pty Ltd prior to seeking any tax exemption.
9. Delivery: a) Finesse Window Systems Pty Ltd accepts no responsibility for delivery but may arrange delivery at its discretion and without liability, at the Customer’s cost. b) Finesse Window Systems Pty Ltd reserves the right to charge for any delivery. c) The Customer shall be deemed to have accepted delivery and liability for the goods immediately upon notification by Finesse Window Systems Pty Ltd that any goods are ready for collection or delivery. d) A certificate signed by an office of Finesse Window Systems Pty Ltd confirming delivery shall be conclusive evidence of delivery. e) Finesse Window Systems Pty Ltd will not be liable for delay, failure, or inability to deliver once goods are ready for collection or delivery.
10. Price Beat Guarantee: If a competitor (another Australian uPVC Manufacturer) offers a cheaper price on an exact like-for-like basis (identical product – European Profile, German Hardware & Locally Made), Finesse Window Systems Pty Ltd may Price Beat if the conditions for Price Match are met.
11. Goods and Services: a) Finesse Window Systems Pty Ltd disclaims any responsibility or liability whatsoever for goods and/or services: i) Made or performed to designs, drawings, specifications, procedures, etc., provided or approved by or on behalf of the Customer. ii) Utilized, stored, handled, or maintained incorrectly or inappropriately. b) The Customer agrees to follow Finesse Window Systems Pty Ltd’s recommendations and directions as well as good practice.
12. Other Terms and Conditions: No terms and conditions sought to be imposed by the Customer upon Finesse Window Systems Pty Ltd shall apply.
13. Recovery Costs: The Customer shall pay to Finesse Window Systems Pty Ltd the costs and expenses incurred in respect of any action against the Customer for debt, possession of goods, or otherwise.
14. Variation: Any variation or cancellation of these terms or any order must be in writing.
15. Defaults: a) Upon any default or breach by the Customer, Finesse Window Systems Pty Ltd may (inter alia) retain all monies paid, cease further deliveries, recover all loss of profits, or take immediate possession of any unpaid goods. b) The Customer agrees not to commence or continue any action against Finesse Window Systems Pty Ltd while in default under these terms.
16. Severability: Any part hereof, whether a whole or part of a clause, shall be capable of severance without affecting any other part of these terms.
17. Customer Restructure: The Customer shall notify Finesse Window Systems Pty Ltd in writing of any change in its structure or management within 7 days of such change.
18. Jurisdiction: All contracts with Finesse Window Systems Pty Ltd are deemed to be made in Victoria, and the Customer submits to the jurisdiction of the appropriate Court nominated by Finesse Window Systems Pty Ltd.
19. Credit Limit: The grant of any credit facility or credit limit is at the discretion of Finesse Window Systems Pty Ltd and may be varied or withdrawn at any time without liability to the Customer.
20. Waiver: An election by Finesse Window Systems Pty Ltd not to exercise any rights arising from a breach of these terms shall not constitute a waiver of any rights relating to any subsequent breach.
21. Notice: The Customer shall be deemed to have notice of any changes to these terms immediately upon adoption by Finesse Window Systems Pty Ltd.
22. Indemnity: The Customer indemnifies Finesse Window Systems Pty Ltd against any claim or loss arising from any contract or transaction between them or resulting from any breach of these terms.
23. Security For Payment: Upon request, the Customer agrees to charge all its books of account, financial records, goodwill, documents of title, and property in favor of Finesse Window Systems Pty Ltd to secure payment of all monies owed.
24. Forward Orders: If the Customer places a forward order, it agrees to pay for invoiced amounts as they fall due.
25. Force Majeure: Finesse Window Systems Pty Ltd shall not be in breach of any contract due to Force Majeure, including strikes or lock-outs.
26. Insolvency: The Customer shall be deemed in default under these terms upon committing any act of insolvency.
27. GST: All amounts payable to Finesse Window Systems Pty Ltd are exclusive of GST, which must be paid by the Customer as required.
28. Warranty: Finesse Window Systems Pty Ltd guarantees products supplied against faulty workmanship or materials for 7 years for profile (including foil lamination) and 10 years for moving parts (hardware) from the date of delivery, subject to compliance with care instructions.
29. Maintenance of Windows & Doors: Although Finesse Window Systems Pty Ltd products are designed to resist ordinary attacks, the Customer must keep them clean and in working order as per maintenance instructions.
30. Important notes: – Do not clean the windows with a dry cloth, to avoid scratching the surface. – Never paint PVC-U profiles.
31. Maintenance of the gaskets: The gaskets and seals are made from TPE (thermoplastic elastomer ). It is advisable to powder the seals with talc once a year so that they retain their flexibility. This will also give them an increased length of life. They should not, however, be allowed to come into contact with concentrated detergents or with products manufactured from them.
32. Maintenance of hardware: The PVC-U windows and doors are fitted with high quality hardware. In order to make it work properly, all the moving parts should be checked at least twice per year and lubricated ( eg DW-40 or similar products ).
33. In addition, the tilt and turn mechanism might have to be adjusted occasionally:
* Please Note- Bayside/Oceanside Homes- required to wash/clean all metal hardware on profiles and
recommended to brush on clear grease (valvoline or similar) every 6 months for total protection of salt on hardware.
