1. Supply of Goods and Services
1.1. BCB agrees to supply the Goods and Services at the Property, subject to payment being received under clause 2.2(a) and 2.2(b).
1.2. The Customer agrees to be bound by this Services Agreement by:
(a) signing this Services Agreement; or
(b) continuing to give instructions to BCB after receiving a copy of these General Terms and Conditions or
(c) making a payment to BCB after receiving a copy of these General Terms and Conditions.
2. Payment
2.1. The Customer agrees to pay the Price to BCB.
2.2. Unless agreed in writing between the parties, the Customer agrees to pay the Price as follows:
(a) deposit of 50% of the Price before BCB begins carrying out the supply of any of the Goods and Services including any manufacturing, fabrication or ordering of any raw materials;
(b) 40% of the Price when BCB notifies the Customers that the Goods are ready for installation and prior to BCB supplying the Goods and Services; and
(c) 10% of the Price immediately upon BCB supplying the Goods and Services.
2.3. If the Customer fails to pay any part of the Price in accordance with clause 2 , then interest is payable on any outstanding balance of the Price at the rate that is 5% higher than the Cash Rate Target as published by the Reserve Bank of Australia from time to time.
2.4. If BCB makes a supply of Goods or Services prior to receiving payment in accordance with clause 2 , it does not waive any of it’s rights pursuant to clause 2
2.5. If the Customer provides BCB with credit card details for payment of the Services, the Customer authorises BCB to debit that card(s) with the amount of the Price payable under this Services Agreement.
2.6. BCB, at its discretion and upon request by the Customer, may submit to the Customer a valid tax invoice to enable the Customer to verify the amount payable under this Services Agreement
2.7. The Customer agrees that it will pay BCB’s tax invoices on the due date set out in the tax invoice.
2.8. BCB may use third party payment gateways or ancillary payment processing facilities and to the extent permitted by law (including under the Australian Consumer Law), BCB provides no warranty, express or implied, in connection with such payment facilities. The Customer agrees that it will not hold BCB liable for any Loss, damages, costs or expenses suffered by a Customer which arises out of, or as a result of, any error, mistake and/or misstatement in debiting or crediting a Customer’s bank account, third party account, or credit card as well as any malfunction, failure, disruption, downtime, interruption, miscalculation, delay, inaccuracy, loss or corruption of data, or any other non-performance related to such payment gateway/ancillary payment processing facilities.
3. Customer’s Obligations
3.1. The Customer acknowledges, agrees and warrants to BCB that:
(a) it will provide a safe working environment at the Property in order for BCB to safely perform the Services.
(b) it will provide unencumbered and unobstructed access to the Property to allow the safe provision of the Services by BCB.
(c) it will provide access to any service or utility at the Property required for the Services.
(d) the Property is free from hazards, risks and dangers that may cause harm to BCB and its property.
(e) it has obtained, and maintains, a policy of insurance to cover any Loss or damage that can arise from the Services.
(f) it is the owner of the Property or is authorised to allow the Services to be carried out at the Property.
(g) if the Services require the movement of objects, including heavy objects, present within the Property (such as furniture or appliances) then the Customer will arrange for the movement of those heavy objects at BCB’s request.
(h) it will secure or remove any fragile, delicate, breakable or valuable items, including jewelery, works of art, antiques, or items of sentimental value prior to the commencement of the Services.
(i) it will give BCB safe and adequate access to where the Good are to be installed. Before the installer begins work, the Customer must inform the installer of the location of any water pipes, electrical cables or any other potential hazard of any kind that may cause damage or injury to people or property during or as a result of the installation of the window furnishings.
(j) it will remove any previously installed window furnishings or other goods, for instance curtains or blinds.
(k) it will dispose of any previously installed window furnishings or other goods, for instance curtains or blinds, which BCB removes in the course of their installation of the Goods under this Services Agreement.
4. Warranty by BCB
4.1. Subject to clause 4.2, if the Goods fail to operate for any reason within the warranty period and the product is returned to BCB at the Customer’s expense, BCB will repair or replace the unit free of charge.
4.2. The warranty referred to in clause 4.1 is subject to the following conditions:
(a) the Goods must be returned to BCB with proof of purchase.
(b) the Goods must not have had its serial number removed, defaced or changed, nor have been tampered with in any other way.
(c) failure of the product must not be due to misuse, damage by the Customer or other abuse.
4.3. BCB makes no warranties to the Customer other than those required by law, including under the Australian Consumer Law.
5. Goods and Services Tax (GST)
5.1. Unless specified otherwise, all prices and quotations are expressed to be GST exclusive amounts.
5.2. In respect of any taxable supply, the Customer agrees to pay BCB an additional amount equal to the prevailing GST rate, which is payable at the same time and in the same manner as the Price.
6. Waiver, Representations, Releases & Indemnities
6.1. BCB is not liable to the Customer for any Claim, Loss or damage of any kind whatsoever caused directly or indirectly by any delivery of, delay in the completion of, or actions taken by any party in respect of, the Services or this Services Agreement.
6.2. The Customer acknowledges that, in entering into this Services Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in the Services Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Services Agreement to the fullest extent permitted by law.
6.3. The Customer further acknowledges and agrees that due to the nature of the Services, it would be unreasonable for BCB to be in any way responsible for any injury to, illness or death of a person affected by the Services and the Customer, to the fullest extent permitted by law, waives all of their legal rights of action against and fully releases BCB for Loss, damages, injury or death howsoever arising out of or in relation to Services including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of Services Agreement or breach of statutory duty on the part of BCB, its office bearers, directors, employees or agents.
6.4. The Customer further acknowledges and agrees that they permit BCB to carry out the Services, voluntarily and absolutely at the Customer’s own risk and with a full appreciation of the nature and extent of all risks involved in the Services.
6.5. The waivers under this clause bind the Customer and their executors.
6.6. The Customer agrees that it must indemnify and hold harmless BCB from and against any Claim made against, or Loss suffered by, BCB, arising out of or in connection with the Goods and Services.
6.7. The Customer releases BCB from and indemnifies BCB against any and all unavoidable damage to the Customer’s property that occurs during or after installation, including but not limited to damage to walls arising out of BCB’s drilling into walls to install Goods.
6.8. The Customer indemnifies BCB from and against any Claim, liability, Loss, damage or expense incurred by BCB in recovering any unpaid monies (including but not limited to legal costs on an indemnity basis, collection agency costs, and bank dishonour fees) under this Agreement.
6.9. The indemnities provided by the Customer under the Agreement survives the termination of this Agreement
7. Limitation of Liability
7.1. To the full extent permitted by law, the Customer agrees that BCB’s liability:
(a) excludes any loss, misplacement or damage to any personal property (for example, cash, jewellery, art, antiques, and items of sentimental value) during the performance of the Services at the Property.
(b) excludes any pre-existing and after occurring damage at the Property and to any area, object, or thing the Services relates.
(c) excludes all liability in respect of any Claim, Loss, interruption of experiences or any consequential or incidental Loss arising out of the Services.
(d) excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Services Agreement.
(e) for all Claims, Loss, damages and causes of action arising out of or in connection with this Services Agreement is limited to the amount paid by the Customer under this Services Agreement.
8. Risk and Title
8.1. Risk in the Goods passes to the Customer upon the earlier of:
(a) actual or constructive delivery of the Goods to the Customer; and
(b) collection of the Goods from BCB or any bailee or agent of BCB by the Customer’s agent, carrier or courier.
8.2. Title to the Goods will remain with BCB until payment of the Price in full has been received. If the Customer fails to pay the Price in accordance with this Services Agreement, BCB has the right, with or without prior notice, to recover possession of the whole or any part of the Goods (and the Customer agrees that BCB may enter any premises occupied by the Customer to satisfy that purpose) without prejudice to other rights and remedies.
9. Termination
9.1. BCB may terminate this Services Agreement for convenience immediately by providing written notice.
9.2. This Services Agreement expires and comes to an end on completion of the Services supplied under this Services Agreement.
9.3. A term in this Services Agreement expressed to survive termination of this Services Agreement, survives termination of this Services Agreement.
10. Force Majeure
10.1. Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this Services Agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
11. Waiver & Severability
11.1. If anything in this agreement is unenforceable, illegal or void, it is severed, and the rest of the Services Agreement remains in force.
11.2. A variation to this Services Agreement must be in writing and signed by the parties.
11.3. A failure by BCB to enforce any rights it has under this Services Agreement shall not be construed as a waiver of any of BCB’s rights, or a waiver of a continuing breach.
12. Entire Agreement
12.1. This Services Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Services Agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this Services Agreement.
13. Definitions
13.1. BCB means Massoud Investments Pty Ltd (ACN 070 234 785) ATF B & M Family Trust t/as Beyond Curtains and Blinds (ABN 84 970 405 313).
13.2. Claim means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in Services Agreement, tort or otherwise).
13.3. Customer means the customer whose details appear on the first page of this Services Agreement.
13.4. Delivery Date means the date that the Goods are delivered to the Property.
13.5. Goods means those goods specified in the Quotation.
13.6. Loss means all loss including financial losses, damages, legal costs and other expenses of any nature.
13.7. Price means the Price that appears on the first page of this Services Agreement.
13.8. Property means the property that appears on the first page of this Services Agreement
13.9. Quotation means the quotation described on the first page of this Services Agreement.
13.10. Services Agreement means the first page of this document and these General Terms and Conditions.
13.11. Services means the installation services we will provide in connection with the Goods, and which is further detailed in the Quotation and as we agree from time to time.