1.1 These Conditions apply to all Products and Services supplied by Sunrise Blinds Pty Ltd to the Client. The Client is deemed to have read and accepted the Terms and Conditions upon formation of the Contract pursuant to clause 2 of these Conditions.
1.2 No other terms and conditions or other documents are relevant unless acknowledged or referred to in or attached to these Conditions.
2.1 The Quotation is valid for a period of 30 days from the date of the Quotation (‘Acceptance Period’). Any acceptance of the Quotation outside of this period will be void and of no effect unless Sunrise Blinds Pty Ltd confirms the Contract in writing.
2.2 Quotations provided by Sunrise Blinds Pty Ltd are displayed in Australian Dollars and are inclusive of GST.
2.3 Quotations are based on the current costs of supplying the Products and unless Sunrise Blinds Pty Ltd has otherwise agreed, are subject to amendment by Sunrise Blinds Pty Ltd at any time prior to commencement of manufacture of the Products the subject of the Quotation to meet any rise and fall in such costs between the date of the Quotation and the date of commencing manufacture. Sunrise Blinds Pty Ltd may provide a substitute Quotation at any time prior to manufacture commences, at which time any Contract formed prior to that time will be null and void and neither the Client or Sunrise Blinds Pty Ltd will be obliged to proceed with the previous Contract or the provision of Products or Services the subject of the revised Quotation until the Client has paid the revised Deposit and each of Sunrise Blinds Pty Ltd and the Client have approved in writing the formation of the Contract and commencement of manufacture. If the revised Quotation is not accepted in the Acceptance Period, Sunrise Blinds Pty Ltd will refund any Deposit paid in respect of the original quotation to the Client.
2.4 Upon acceptance of the quotation, the Client must pay the 50% Deposit to Sunrise Blinds Pty Ltd.
2.5 Upon formation of the Contract Sunrise Blinds Pty Ltd will place relevant purchase orders.
2.6 The supply of the Products specified in any Quotation is subject to Sunrise Blinds Pty Ltd ability to secure the Products. If Sunrise Blinds Pty Ltd is unable to supply the Products, the Quotation will be rescinded, and the Deposit will be refunded to the Client’s nominated bank account within 10 business days.
2.7 Sunrise Blinds Pty Ltd will supply the Products and Services on the details specified in the Quotation only. It is the responsibility of the Client to confirm the accuracy of the details of any order set out in the Quotation. Sunrise Blinds Pty Ltd will not be responsible for any errors or omissions in relation to the Products or Services where those errors or omissions result wholly or partially from incomplete or inaccurate or unclear instructions in the Client’s request for the Products or Services or are otherwise specified in the Quotation.
2.8 Once the Deposit has been paid, the Quotation cannot be altered, varied, or modified. Should changes be required a variation will be raised. All variations will incur a $75.00 administration fee.
3.1 Times for supply of the Products, Services or other milestones advised by Sunrise Blinds Pty Ltd to the Client are estimates only.
3.2 No delay in supplying the Products, Services or reaching other milestones relieves the Client of its obligations to accept or pay for the Products and Services in full.
4.1 The Client must provide access to Sunrise Blinds Pty Ltd or its sub-contractors to the property between 7.30 am – 5pm Monday to Friday or by prior arrangement.
4.2 The Client must co-operate with Sunrise Blinds Pty Ltd or with any third party engaged by Sunrise Blinds Pty Ltd to perform the installation of the Products in relation to any workplace health and safety obligations, issues or incidents including by ensuring a safe place of work.
5.1 Monies must be paid in full by the Client prior to Sunrise Blinds Pty Ltd departing the property upon completion of the installation of the Product. Ownership of product does not transfer to client until the final balance is paid and receipt is supplied to Sunrise Blinds Pty Ltd.
5.2 Monies must be paid into Sunrise Blinds Pty Ltd nominated bank account as specified on the Quotation and Invoice.
5.3 The Client is responsible for payment of any GST liability in respect of the provision of the Products or Services, which amount will be payable to Sunrise Blinds Pty Ltd at the same time as the GST inclusive consideration, subject to the provision by Sunrise Blinds Pty Ltd of a GST invoice to the Client.
6.1 Sunrise Blinds Pty Ltd will not be liable for and the Client releases Sunrise Blinds Pty Ltd against any Liability the Client suffers as a result of the Client not complying with any of its responsibilities listed in these Conditions and in the Product Warranty Terms.
6.2 Sunrise Blinds Pty Ltd grants the Client the warranties set out in the Product Warranty Terms. The warranties will only apply to the Products upon full payment of the Monies. If the Monies are not paid in full, the Client will not obtain the benefit of the Warranty Terms.
6.3 The Client acknowledges that the warranties in the Product Warranty Terms will be void if the Client fails to adhere to the actions required of the Client in the Warranty Terms.
6.4 To the greatest extent permitted by law, Sunrise Blinds Pty Ltd will not be liable for any guarantee, warranty, or representation as to the quality and fitness for purpose or otherwise of any Products or Services or in respect of their use by the Client, other than the warranties specified in the Product Warranty Terms.
6.5 None of the guarantees, conditions, warranties, or other terms implied by the Commonwealth of Australia, State or Territory laws apply to any Quotation or Contract except to the extent that the Implied Terms cannot be lawfully excluded.
6.6 The Client indemnifies Sunrise Blinds Pty Ltd against all Liabilities of any kind caused by any:
1. Breach by the Client of the Contract or these Conditions
2. Negligent, reckless or wilful act or omission of the Client
3. Act or omission of the Client causing property damage or injury to or the death of any person; and
4. Breach of any law by the Client,
6.7 Sunrise Blinds Pty Ltd’ liability for breach of any provision of any the Contract or for breach of any Implied Term that are not excluded by these Conditions is limited at the option of Sunrise Blinds Pty Ltd to re-supplying Products and/or Services, or, paying the cost of re-supplying Products and/or Services.
6.8 In no circumstance whatsoever will Sunrise Blinds Pty Ltd be liable to the Client or to any third party for any Consequential Loss arising out of the supply or late supply of the Products or Services or failure to perform or observe Sunrise Blinds Pty Ltd’ obligations under any Contract or Terms that are not excluded by these Conditions.
7.1 Without prejudice to any of its other rights, Sunrise Blinds Pty Ltd may without liability and notice terminate a Contract or suspend the supply of Products or Services:
1. If the Client commits any breach of this or any other Contract with Sunrise Blinds Pty Ltd including failure to make any payments in accordance with clause 5 of these Conditions.
2. If being an individual, the Client dies or has a receiver appointed over his or her assets.
3. If being a Company, the Client calls any meeting of its creditors or has a receiver of all or any of its assets appointed or enters into liquidation or becomes subject to a winding up order of the Court (‘Insolvency’); or
4. If, in the opinion of Sunrise Blinds Pty Ltd, the Client is not capable of paying any of its payments due to Sunrise Blinds Pty Ltd.
7.2 Sunrise Blinds Pty Ltd may terminate the provision of the Services and Products under any Contract at any time by giving notice in writing to the Client. If Sunrise Blinds Pty Ltd elects to terminate the Contract, all amounts paid by the Client to Sunrise Blinds Pty Ltd will be returned to the Client within 10 business days.
7.3 If Sunrise Blinds Pty Ltd terminates a Contract pursuant to clause 9.1, then the Client will be liable for any Liabilities which Sunrise Blinds Pty Ltd suffers in connection with such termination.
1. The client may not terminate the Contract once it has been formed (otherwise than as a result of the Insolvency of Sunrise Blinds Pty Ltd or Sunrise Blinds Pty Ltd committing a material breach of the Contract) Termination by the Client in those circumstances must be by written notice to Sunrise Blinds Pty Ltd
2. Any termination by the client of the Contract (other than as permitted by clause 10.1) does not absolve the Client from and Liabilities and the Client will remain liable to pay the monies in full within 14 days of the date of providing the notice of termination irrespective of the provision by Sunrise Blinds Pty Ltd of any Products or Services.
Sunrise Blinds Pty Ltd is bound under the Privacy Act 1989. Sunrise Blinds Pty Ltd remains responsible for the information collected and ensures that the information is stored and maintained according to the terms of the Privacy Act 1989 and used for the purpose only. The Client acknowledges that the basis on which (and purposes for which) Sunrise Blinds Pty Ltd may collect personal information of the Client and authorises such collection in accordance with the Privacy Act 1989
Sunrise Blinds Pty Ltd may sub-contract the supply and or installation of the Products or Services.
1. Sunrise Blinds Pty Ltd strongly recommends that all our customers take note of the Product care and maintenance information provided upon final purchase. Warranties are liable to be rendered invalid under misuse or if appropriate precautions are not observed.
2. Any attempts to repair, alter or adjust a Sunrise Blinds Pty Ltd product by an unauthorised person will deem the warranty null and void.
3. Sunrise Blinds Pty Ltd accepts no responsibility for material variations such as colour, grain, rippling, shrinkage or changes in length and Sublime shall not be liable in any way for loss or damage suffered as a consequence thereof.
4. Warranties are not transferrable to other parties.
5. Sunrise Blinds Pty Ltd offers 12 months warranty on product installation. In the event where a call out is required and Sunrise Blinds Pty Ltd is not at fault a call out fee maybe be incurred.