Exitoso & Co Pty Ltd ABN 99 603 869 487 (“Company”)
Terms and Conditions For Sale of Goods and Services
These Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods & or Services by the Company to a Customer from time to time. Any supply of Goods & or Services by the Company to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms.
1.0 Interpretation
In these Terms unless the contrary intention appears:
“Additional Charges” includes all delivery, handling and storage charges, goods and services tax (GST), stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Company arising out of the sale of the Goods.
“Customer” means the person to or for whom the Goods and or Services are to be supplied by Company.
“Goods” means the goods sold to the Customer by Company to Customer.
“Services” means the service supplied by Company to Customer to fit, replace, repair or install any hardware to windows & doors or the routine maintenance of hardware affixed to windows or doors.
“Company” means Exitoso & Co Pty Ltd, ABN 99 603 869 487 of PO Box 836, Kensington NSW 1465.
“Purchase Price” means the GST exclusive list price for the goods or services as charged by Company at the date of delivery or such other price as may be agreed by Company and the Customer prior to delivery of the Goods.
“Window” means an opening in the wall of a building, for the admission of air or light, or both, commonly fitted with a frame in which are set movable sashes containing panes of glass.
“Sash” means the moveable part of the window that holds the glass and the framework around the glass to keep it in place. Window sashes are fitted into the window frame. There may be multiple sashes in a window. Single Hung Windows will have one moving sash at the front (bottom). Double Hung windows have two moving sashes, one at the front (bottom) and one at the back (top).
“Fixed panel” means the non-movable part of the window that holds glass and the framework around the glass to keep in place and admit light.
“Sliding Panel” means the movable individual framed or frameless panes within a door or window system.
“Awning Window” means a window that has a sash that opens out horizontally by either winding out of a winder or pushing the sash outward by hand.
“Casement Window” means a window that has a sash that opens out vertically with a casement metal arm.
“Estimate” means an amount given for the repair or replacement or service of hardware based on the information provided by Customer over the phone or in writing in an electronic format for the visible elements of the hardware without dismantling the sash or panel at the time of an onsite inspection. Additional repairs may be identified after dismantling the sash or panel and these additional repairs are not known until the repair commences.
Customer must pay a 30% deposit for Estimates over $7,000 dollars and Company will only schedule repairs after the deposit has been received.
2.0 Formal Estimates & Quotes
2.1 Estimates & quotes are confidential and are intended for the addressee only. Company prohibits the sharing of Estimates & Quotes with a 3rd party in any format whatsoever including verbally or written format without the prior written consent of Company.
2.2 Estimates & quotes carry a 30 day validity period and must be revised and resubmitted after the expiration of the Estimate. Company may at its sole discretion pass on all price increases incurred by Company as a result of supplier prices increases to Customer in revised Estimates.
2.3 Company will make every effort to ensure Estimates / Quotes are accurate. Customer is responsible for reviewing the details of Estimates / Quotes and immediately notifying Company of any errors. Customer is responsible for seeking clarity on the terminology used in an Estimate or Quote to ensure they understand the scope of works prior to accepting an Estimate or Quote. Company is not responsible for errors in Estimates & Quotes or misunderstandings where clarity was not sought by Customer once written acceptance has been given by Customer. Customer is responsible for reading the Terms & Conditions before approving an Estimate or Quote. Acceptance of an Estimate or Quote signifies that you agree with the Terms & Conditions. If you don’t agree with all or any part of the Terms & Conditions you should not accept the Estimate or Quote. Unless otherwise agreed to in writing a call out fee is chargeable for each repair attendance.
2.4 Phone Estimates:
Company provides phone estimates using the information provided by Customer over the phone and is not liable for incorrect information provided by Customer. Company will to the best of its ability use qualifying information to identify the estimated cost of repair or replacement of hardware including but not limited to:
2.4.1 type of window or door,
2.4.2 number of windows or doors,
2.4.3 number of sashes or panels,
2.4.4 direction window or door opens,
2.4.5 window fabrication material,
2.4.6 age, service history of window or doors
2.4.7 symptoms of the fault or issue
2.4.8 the use of FaceTime to view windows & doors for diagnostics purposes
2.5 Onsite Inspection Estimates
Company will schedule an onsite inspection at the property at a time convenient to Customer for the purpose of providing an Estimate for repairs or replacement of window or door hardware. Company will to the best of its ability provide an estimate to repair or replace the window or door hardware based on a non-dismantle inspection.
2.6 Onsite Inspection Quotes
Company will schedule an onsite inspection at the property at a time convenient to Customer for the purpose of dismantling the window, sashes, panels, doors to determine the actual costs of the repairs based on hardware inspection. Onsite Inspection Quotes are chargeable based on the time and effort required to complete the inspection.
2.7 Photographic Evidence
Company may take photos of windows, doors and hardware for the purpose of diagnosing a problem and to record accurate details of window and door hardware required for repairs. Photos may be taken before a job commences and after for the purpose of “before & after” shots. Photos may be used in Company’s website gallery to showcase repairs or hardware.
3.0 Warranties
3.1 Hardware or materials not manufactured by Company will be covered by the manufacturer’s warranty.
3.2 Company is not responsible for any damage caused through modification or incorrect fitting or not servicing of Goods.
3.3 Company cannot accept responsibility for glass breakage during window / door repairs and maintenance. The condition of the glass is unknown until the glass is removed and is subject to cracking for reasons beyond our control.
3.4 Water leaks and cold draughts are the most difficult repairs to diagnose and repair. The age of the window/doors, installation, waterproofing, glazing and rubber seals could all be contributing factors. For these reasons the Company cannot guarantee the remedy of leaks and draughts. We will investigate leak and draught problems, and, to the best of our ability recommend a solution.
3.5 Company liability is limited to, to the extent permissible by law and at Company’s option;
3.5.1 in relation to the Goods:
3.5.2 Where the Goods are services:
3.6 Any claims to be made against Company for workmanship and hardware failures or faults must be lodged with Company in writing within 7 days of the work or hardware failing or becoming faulty and within the 12 month warranty period.
3.7 To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or in any other Company approved documentation are excluded and Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate Customer for:
3.7.1 any increased costs or expenses;
3.7.2 any loss of profit, revenue, business, contracts or anticipated savings;
3.7.3 any loss or expense resulting from a claim by a third party; or
3.7.4 any special, indirect or consequential loss or damage of any nature whatsoever caused by the Company’s failure to complete or delay in completing the order to deliver the Goods or Services
3.8 Property Damage Claims
The company makes every effort to ensure that we protect your property during window and door repairs that’s why every repair is completed with protective drop sheets in place around the repair area. We also clean up after every repair. It is the customer’s responsibility to inspect the repair area at the completion of the repairs and before signing the Work Completion Form. If you identify property damage you must:
3.8.1 immediate notify the technician whilst he is onsite
3.8.2 in the event that you fail to identify the damage at the time of the repair you must:
3.8.2.1 notify to the company in writing immediately upon identifying the damage
3.8.2.2 not interfere with the affected damaged area whatsoever
3.8.2.3 not attempt to remedy the damage yourself
3.8.2.4 engage a third party to remedy the damage prior to notifying us in writing
3.8.2.4 provide company with the opportunity to remedy the damage first
3.8.3 No claims will be accepted if:
3.8.3.1 it is not submitted in writing
3.8.3.3 the claim is submitted more than 3 days after the repairs were completed and the work completion form was signed at the time of repairs
3.8.3.4 claims will not be accepted if your invoice has not been paid in full
3.8.4 Failure to comply with any of the above claim conditions will result in claims being rejected
3.8.5 In the course of investigating your property damage claim we may:
3.8.5.1 engage experts in the relevant field to inspect the damage and provide a detailed root cause analysis
3.8.5.2 in the event that company is not at fault you may be liable for the following cost
3.8.5.3 field expert investigations & reports
3.8.5.4 laboratory testing costs including swab and sample collections
3.8.5.5 administration costs associated with a fraudulent claim
4.0 Payment Terms
4.1 The Customer must pay the Invoice and the Additional Charges to Company
4.2 If the Customer is in default, the Company may at its option withhold further services or cancel a service without prejudice to any of its existing rights.
4.3 All payments are to be paid by the Invoice Due Date or where a Payment Term Variation is applicable the agreed payment date of that variation. Payment Term Variations may only be varied in writing between parties. Approval of any variation request will be at the sole discretion of Company and approvals may only be provided in writing by Company
4.4 Interest is charged at the rate of 2.5% per month or part of a month from the expiry of that period until the date payment is received by Company.
4.5 All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.
4.6 The Customer is deemed to be in default immediately upon the happening of any of the following events:
4.6.1 if any payment to Company is not made promptly before the due date for payment.
4.6.2 if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due
or if any cheque or bill of exchange drawn by the Customer payable to Company is dishonored;
4.7 Company may at its sole discretion commence debt collection activities after the invoice due date for payment. An administration fee of $50.00 + GST will be chargeable to the Customer at the commencement of debt collection activities and will be added to the outstanding invoice amount. Customer will be liable for all legal and court costs associated with lodging a statement of claim by Company to recover unpaid monies.
4.8 Invoice disputes must be sent to Company in writing before the due date of the invoice and must contain the item that is being disputed, the reason for the dispute, the amount that is in dispute. Items disputed will be removed from the invoice until such time as a dispute resolution is reached. Any item not disputed bust be paid by the due date provided by Company.
4.9 A call out fee of $159.50 inc GST is charged on each repair attended.
5.0 Safety Restrictor Policy
5.1 For the purpose of clarity the company will only issue Safety Restrictor Compliance Certificates onces devices have been fitted in all apartments and our invoice for the installation work is paid in full.
5.2 Access Restrictions
5.2.1 Should a customer fail to provide access either by:
5.2.2 Failing to be home on the day of installation
5.2.3 Failing to allow the technician entry
5.2.4 Failing to remove window dressings such as blinds, internal shutters, curtains
5.2.3 Failing to remove household items and furniture from around each window
5.2.4 Failing to provide a clear working space of at least 1m around each window
5.2.5 A re-attendance fee of $299 per re-attendance will apply to reschedule the installation of the devices
5.2.6 Re-attendance fees are in addition to the supply & installation charge of the safety devices
5.2.8 Re- attendance installations will be invoiced separately after completion of the work
5.2.7 Re-attendance appointments will be scheduled according to booking availability and customer shall not withhold payment of invoices for installation work already completed as a result of:
5.2.7.1 booking availability limitations
5.2.7.2 Your Preferred Date / Time is not available
5.3 Company reserves the right to withhold compliance certificates until such time as all outstanding invoices have been paid. The company reserves the right to enforce and apply the re-attendance fees in order to recover operational costs as a result of installation reschedules. Company will take all circumstances presented to us into account, to ensure fairness is achieved in the application of this policy.
6.0 Leaks & Draughts Policy
6.1 Water leaks and cold draughts are the most difficult to diagnose and repair. The age of the window/doors, installation, waterproofing, glazing, rubber & weather pile seals could all be contributing factors. For these reasons, the Company cannot guarantee the remedy of leaks and draughts. We will investigate leak and draught problems, and, to the best of our ability to recommend a solution. We may recommend a repair or replacement as appropriate.
7.0 Glass Breakage Policy
Company cannot accept responsibility for glass breakage during window/door repairs and maintenance. The glass condition such as age, thickness, previous repairs, stress & impacts can affect the integrity of the glass and is subject to cracking when being removed. We can arrange glass replacement should this be required, however, the costs must be borne by the customer
8.0 Cancellation Policy
8.1 Company makes every effort to ensure you don’t miss your repair appointment by sending you confirmation and reminder emails and SMS’s. The following outlines Company’s repair cancellation policy:
8.2 1st Repair Cancellation:
8.2.1 Two (2) business days notice – no cancellation fee
8.2.2 Less than one (1) business day notice but job is immediately rebooked – no cancellation fee
8.2.3 Less than one (1) business day and job not rebooked – cancellation fee applies
8.2.4 Missed Appointment (No Notice) – cancellation fee applies
8.2.5 2nd/Additional Reschedules or Cancellations – cancellation fee applies
8.3 Second (2nd) or Additional Repair Cancellation / Reschedules:
8.3.1 Two (2) business days notice – no cancellation fee
8.3.2 Less than one (1) business day notice and job is immediately rebooked – no cancellation fee
8.3.3 Less than one (1) business day notice and job is not rebooked – cancellation fee applies
8.3.3 Missed Appointment (No Notice) – cancellation fee applies
8.4 Half & Full Day Repair Cancellations:
8.4.1 Three (3) business days notice – no cancellation fee
8.4.2 Less than two (2) business day notice but job is immediately rebooked – no cancellation fee
8.4.3 Less than 2 business day and job not rebooked – 12.5% of Estimate charged
8.4.4 Less than 1 business day and job not rebooked – 25% of Estimate charged
8.4.5 Day of Repair Cancellation / No Notice – 50% of Estimate charged
8.4.5 Second (2nd) or Additional reschedules / cancellations – 50% of Estimate charged
9.0 Paint Damage Policy
Company cannot accept responsibility for paint damage during window/door repairs and maintenance. Whilst all care will be taken it is inevitable that during some repairs paint damage will occur. Repainting costs must be borne by the customer. We recommend that painting of timber frames and surrounds be completed after repairs have been accomplished.
10.0 Indemnity
To the full extent permitted by law, Customer will indemnify Company and keep Company indemnified from and against any liability and any loss or damage Company may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.
11.0 General
11.1 These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.
11.2 These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
11.3 Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
11.4 No waiver of any of these Terms or failure to exercise a right or remedy by Company will be considered to imply or constitute a further waiver by Company of the same or any other term, condition, right or remedy.
Lic: 322106C
ABN: 99 603 869 487