QUOTE AND INVOICE
You acknowledge that, unless the Quote specifically provides otherwise, the Services do not include services from any separate trades to that of Garage Doors Whitsundays Pty Ltd such as a electrician, plumber , builder, carpenter, or engineer (Contractors) as such it is your responsibility to arrange the trade contractors.
You accept the risk of defects and deficiencies Garage Doors Whitsundays Pty Ltd is not required to investigate the suitability, quality, or fitness for purpose of existing or proposed building materials, drainage, or infrastructure at the Site.
You must pay the 40% balance of the Invoice on completion of the Service or supply.
If an Invoice remains unpaid for ten (10) days after the date of completion Garage Doors Whitsundays Pty Ltd is entitled to charge interest at the rate of 10% p.a. on the overdue amount until the date the funds are received by Garage Doors Whitsundays Pty Ltd. If Garage Doors Whitsundays Pty Ltd engages a third party service of an enforcement agency to retrieve the funds, Garage Doors Whitsundays Pty Ltd may retrieve the cost of the enforcer from you as well.
You acknowledge that Garage Doors Whitsundays Pty Ltd may register financing statements in regards to its security interest under this Agreement and that such financing statement may be registered at any time.
VARIATION TO SERVICES
You may request a change to any part of the Service but Garage Doors Whitsundays Pty Ltd has the final decision to accept or decline any request for change to the Services. If you request a change to any part of the Services, then Garage Doors Whitsundays retains the right to edit the Quote or Invoice.
If we have to rebook an appointment we will not be liable to you for any loss or inconvenience caused by the rescheduled appointment.
MINOR DEFECTS
You acknowledge that although Garage Doors Whitsundays provides the Services and the garage door products, you are purchasing the garage door products as a result of your own investigation and choice of the garage door products and that there is no defects liability period and Garage Doors Whitsundays Pty Ltd is not liable to do any repair to the garage door products. Garage doors Whitsundays may elect to complete repairs to the garage door products on terms it determines in its absolute discretion.
If there are any minor defects (for example, light scratches on the door) Garage Doors Whitsundays Pty Ltd has the right to repair the minor defect.
As the customer, you acknowledge that for every type of door there is an acceptable gap between the face of the door and the face of the brickwork. For example, a roller door has an acceptable gap of 30mm and a sectional/panel door has an acceptable gap of 5mm for the top and the sides.
The customer cannot dispute or submit any claims with respect to minor defects or acceptable gaps that are within range.
LIABILITY
You release and indemnify Garage Doors Whitsundays Pty Ltd and its staff, employees, and agents (those indemnified) from and against any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which any of those indemnified pays, suffers, incurs or is liable for arising out of or in connection with:
- Any breach of this Agreement by you; and
- Any breach of law or infringement of a third party’s rights; and
- Any act or omission of fraud, dishonesty, reckless or wilful misconduct or misrepresentation, to the extent caused or contributed to by any act or omission of you.
The liability of a Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss.
To the maximum extent permitted by law, the aggregate liability of Garage Doors Whitsundays Pty Ltd in respect of any causes of action arising under or in connection with this Agreement, whether in contract, tort (including negligence), statute, equity or otherwise, is limited to an amount equal to the cumulative total Quote and Invoice paid or payable by you to Garage Doors Whitsundays Pty Ltd.
You acknowledges that Garage doors Whitsundays Pty Ltd is only the distributor and installer and not the manufacturer of the garage door products, therefore although Garage Doors Whitsundays Pty Ltd will use best endeavours to assist in any warranty disputes within a reasonable time, you hold Garage Doors Whitsundays Pty Ltd harmless for any claim, action, demand, damage, loss, liability, cost, charge, expense, outgoing, fine or payment which you suffer as a direct result of product which is defective or not fit for purpose.
Without limiting Garage Doors Whitsundays Pty Ltd warranties and other obligations under this Agreement, Garage Doors Whitsundays Pty Ltd agrees to assign to you, without additional cost, the benefit of all manufacturers’ warranties and/or service warranties granted to Garage doors Whitsundays Pty Ltd the suppliers of the garage door products, and any components.
LABOUR WARRANTY
This labour warranty covers only to the installation Services provided by Garage Doors Whitsundays Pty Ltd to you and does not extend to manufacturer’s warranty.
You may make a labour warranty claim within 12 months from the date of instalment.
Garage Doors Whitsundays Pty Ltd will contact you within 7 days of receiving a labour warranty claim.
If Garage Doors Whitsundays Pty Ltd accepts the labour warranty claim, then Garage Doors Whitsundays Pty Ltd will attempt to attend to the labour warranty claim within 14 days of receiving the labour warranty claim.
If you engage the services of a third party to complete any repair works, Garage Doors Whitsundays Pty Ltd may choose not to honour the terms of this warranty and declare it void.
COMPLAINTS
At Garage Doors Whitsundays Pty Ltd, we aim to provide you with quality services at all times. If you feel you have received unsatisfactory service, we take this very seriously and want to hear from you. If you are dissatisfied for any reason with the Services provided we encourage you to make all reasonable efforts to inform Garage Doors Whitsundays Pty Ltd as soon as possible.
DISPUTE RESOLUTION
Objectives
At Garage Doors Whitsundays Pty Ltd, we aim to provide you with quality services at all times. If you feel you have received unsatisfactory service, we take this very seriously and want to hear from you. If you are dissatisfied for any reason with the Services provided we encourage you to make all reasonable efforts to inform Garage Doors Whitsundays Pty Ltd as soon as possible.
Each Party will bear its own costs in relation to its participation in any dispute resolution process. Costs resulting from the engagement of a mediator under this clause will be equally shared between the Parties.
Notification
If a dispute arises (including a breach or an alleged breach) under this Agreement, then the Party disputing the issue will provide the other Party with written notice of the nature and details of the dispute. If the dispute is not resolved at an operational level or is sufficiently serious that it cannot be resolved at the operational level, parties will submit the matter to mediation. If the parties cannot agree to a mediator then a mediator is to be appointed by the Law of Queensland.
Continued performance
Not with standing the existence of a dispute, you must pay any portion of the Invoice and Quote that is undisputed.
FORCE MAJEURE
Garage doors Whitsundays Pty Ltd will have no liability under and will not be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of Garage Doors Whitsundays Pty Ltd (a force majeure event).
If a force majeure event occurs, then Garage Doors Whitsundays Pty Ltd will notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements, and understandings.
SET OFF You may not reduce any fees or other charges or costs payable to Garage Doors Whitsundays Pty Ltd.
Under this Agreement.
Garage Doors Whitsundays Pty Ltd may set-off any amount payable by you to Garage Doors Whitsundays Pty Ltd under this Agreement against any other amounts payable by Garage Doors Whitsundays Pty Ltd to you.
RELATIONSHIP OF PARTIES Nothing in this Agreement gives rise to any relationship of agency, partnership, employment or otherwise between the Parties.
APPLICABLE LAW The laws of the State of Queensland govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of Queensland.