Terms of Trade &
Manufacturer Warranty Information
While it might feel a bit time-consuming to read the fine print, we do believe it is the best way to manage expectations and avoid any surprises. Our terms of trade set out what we will deliver to you and what we expect from you. The last thing we want is a mismatch in understanding and a poor outcome for you, the homeowner.
We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.
When you ask Shire Garage Doors to carry out work on your behalf, you agree to uphold your obligations under these terms of trade.
If you have any questions, please contact us on our office number 9548 6160 or email us at sales@shiregaragedoors.com.au. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. If you do not give us feedback or if you delay payment, it makes it difficult for us to put things right.
We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much - if not more - than you do.
Please click the links below access our Manufacturer's warranties that relate to your project.
After Hours Call Out Fee
We define our normal hours of business from 7.30am-5.00pm Monday to Friday. Work done outside of these hours is subject to an afterhours call out fee.
Call Out Fee
A call out fee is a one-off charge. We must cover the cost of the administration for your job.
After Hours Work
If, in the course of a job, you ask us to do work which falls outside of normal working hours, we will have to charge you additional fees. If it has been arranged as a call-out, call-out fees will be applied. If not, additional fees will be applied to cover the overtime rates. Cancellations/Rescheduling Appointments
We are always happy to reschedule an appointment free of charge. If you need to cancel your appointment, please provide us with at least 24 hours notice. A cancellation fee of $90 excl. GST may apply to appointments that are not cancelled within 24 hours of your appointment.
Payment
For call-out jobs and emergency jobs, payment is due when the work is complete, unless we have made other arrangements. If you have been sent an invoice, payment is due as per the payment date on the invoice. Once your job is complete, you will be sent a final invoice by email. Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.
Deposits
Some jobs will require a deposit before work commences. If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed.
Progress Invoices
Progress invoices are claims for work done on site, before the entire job is completed. This covers labour and materials for work done to date. The cost of materials and the amount of time spent on your job will dictate whether you will be sent progress invoices
As part of our agreement, you accept to pay these progress invoices when they are due. You understand that you cannot withhold payment for any reason. If for any reason work has paused on your job, you can request an invoice to settle the account by calling the office. We reserve the right to stop work if progress payments have not been made.
Discounts
Discounts applied to your account are administered at our discretion. Discounts may be revoked, and the full amount may be charged to you if an invoice remains unpaid for more than 20 days or any other agreed date.
Disputed Invoices
If you need to discuss any aspect of payment, please contact us immediately. If you are dissatisfied with the invoice, it is your responsibility to contact us immediately.
Unpaid Accounts
If payment remains outstanding for over 20 days from the invoice due date a late fee may be added to your account at our discretion.
Debt Collection costs may be added to invoices that remain outstanding for over 20 days from the due date.
Warranties
All goods are covered by the manufacturer's warranties.
Terms of Trade
Shire Garage Doors ABN 15 003 276 202
30.01.2020
Thank you for choosing us.
Please read the terms of trade listed below.
1. Application of Terms of Trade
1.1…. These terms are effective from the above date until these terms of trade are replaced by another document. Unless the context requires otherwise, the following definitions shall apply to these terms of trade.
2. Definitions
Unless the context requires otherwise, the following definitions shall apply to these terms of trade:
2.1…. Shire Garage Doors means ‘The Company Limited’ and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer's trustees, executors [if an individual or successors], permitted assigns, and/or administrators.
2.2…. “Goods” means the goods supplied to the Customer by Shire Garage Doors which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by Shire Garage Doors in respect of the goods.
2.3…. “PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.
2.4…. “PPSR” means the Personal Property Securities Register under the PPSA.
3. Payment
3.1…. The Customer shall pay in full for the goods and services no later than the date specified on the Company's invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which Shire Garage Doors may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date, Shire Garage Doors (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from due date until payment.
3.2…. The price for the goods and services supplied by Shire Garage Doors shall become immediately payable, regardless of any other terms of payment, and Shire Garage Doors may take immediate action to recover the price. This includes if the Customer is in default under any agreement with Shire Garage Doors or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors' composition, or has its credit standing impaired in any way.
3.3…. All warranties will not be upheld if the account is not paid in full and are subject to terms and conditions as set by the garage door manufacturer.
3.4…. All Credit Card transactions attract a merchant fee. This fee is subject to change depending on the current rate charged by the merchant.
4. Ownership
4.1…. Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to The Company.
4.2…. Notwithstanding the provisions of clause 4.1 regarding Shire Garage Doors ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.
5. Enforcement and PPSA
5.1…. The Customer irrevocably gives Shire Garage Doors and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if Shire Garage Doors has cause to exercise any rights it has under section 109 of the PPSA.
5.2…. The Customer indemnifies Shire Garage Doors for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes but is not limited to the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt.
5.3…. The Customer waives its right under the PPSA to receive any verification statement from Shire Garage Doors.
5.4…. The Customer shall immediately notify Shire Garage Doors in the event that the Customer changes its name.
6. Representations, Warranties, Terms and Conditions
6.1….To the maximum extent permitted by law, all representations, warranties, terms, and conditions(including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between Shire Garage Doors and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by Shire Garage Doors to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business.
6.2…. If Shire Garage Doors shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and not withstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser.
6.3…. Under no circumstances will Shire Garage Doors be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.
6.4.... Goods are covered by the manufacturers warranty and are subject to their terms and conditions.
7. Privacy
7.1…. The Customer agrees that Shire Garage Doors may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of Shire Garage Doors business, including credit assessment and debt collecting. The Customer consents to any person providing Shire Garage Doors with such information.
7.2…. The Customer agrees that Shire Garage Doors may use, for lawful purposes, any information it has about the Customer relating to the Customer's creditworthiness.
8. Amendment
Shire Garage Doors may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by Shire Garage Doors to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request at the office of Shire Garage Doors.
9. General
9.1….Unless expressly provided otherwise in any written agreement between Shire Garage Doors and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between Shire Garage Doors and the Customer relating to the supply of goods and services by Shire Garage Doors to the Customer.
9.2….Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect.
9.3…. These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of the Country you reside in. Shire Garage Doors and the Customer shall submit to the non-exclusive jurisdiction of the Courts in your Country.
9.4…. The installation and labour costs cover the work specified herein only and does not include any structural rectification unless noted.
9.5…. While all reasonable care will be taken when drilling and fixing, Shire Garage Doors will not be responsible for any damage to brickwork, flooring. masonry and/or rendered surfaces by cracking or collapsing. Shire Garage Doors will not be held responsible for damage to concealed electrical wiring, gas or water pipes etc.
9.6…. The Quotation is valid for a term of thirty days. Acceptancy after the thirty days may be subject to price increases in line with price increases to us by the Manufacturer.
9.7…. No claims for damage will be recognised unless made within 24 hours of delivery.
9.8…. Power to automatic openers are The Customer's responsibility to arrange. All power points need to be installed by a qualified Electrician and is not included in the quotation. If Shire Garage Doors are unable to complete the installation due to no power being on site, Shire Garage Doors reserve the right to charge a $90 excl. GST reschedule fee.
9.9.... The Customer is responsible for providing a clear and safe working area for Shire Garage Doors to complete their work. A minimum of 3.5-4 metres of space is required for most installations. In the event that an installation is not able to be completed due to insufficient space or an unsafe work environment, Shire Garage Doors reserve the right to charge a $90 excl. GST reschedule fee.