Terms and Conditions

  1. QUOTE AND INVOICE
    1. Quotes provided by Aussie Garage Doors “AGD” are valid for a period of thirty (30) days from the date of the quote. You must pay a 50% deposit (the Deposit) in order to accept the Quote in which case the Quote will be referred to as an Invoice. The quote(s) may be subject to change depending on whether the Services change.
    2. You acknowledge that, unless the Quote specifically provides otherwise, the Services does not include services from contractors and or consultants such as a plumber, electrician, builder, carpenter, or engineer (Contractors) as such it is your responsibility to engage the Contractors under separate contracts for these services.
    3. You accept the risk of defects and deficiencies in your own property. AGD is not required to investigate the suitability, quality, or fitness for purpose of existing or proposed building materials, drainage, or infrastructure at the Site.
    4. You must pay the 50% balance of the Invoice on completion of the Service.
    5. If an Invoice remains unpaid for seven (7) days after the date of completion of the Service, AGD is entitled to charge interest at the rate of 10% p.a. on the outstanding amount until the date the funds are received by AGD. If AGD engages the services of a debt collection agency to recover unpaid invoices from you, AGD may recover the cost of the debt collection agency’s fee from you as well.
    6. As security for the payment, performance and discharge of the your obligations under this Agreement, you charge all of your present and future interest and all your present and future rights in relation to any land and personal property in favour of AGD. You acknowledge that AGD may register one or more financing statements in relation to its security interest under this Agreement and that such financing statement may be registered at any time. If permitted by the PPSA, you waive your rights under section 157 of the PPSA to receive notice of any verification statement relating to the registration of any such financing statement or any related financing change statement.
  2. VARIATION TO SERVICES
    1. You may request a change to any part of the Service but AGD has absolute discretion to accept or decline any request for change the Services. If you request a change to any part of the Services, then AGD reservices the right to change the Quote or Invoice.
    2. If we have to reschedule an appointment we will not be liable to you for any loss or inconvenience caused by the rescheduled appointment.
  3. MINOR DEFECTS
    1. You acknowledge that although AGD provides the Services and the garage door products, you are purchasing the garage door products as a result of your own investigation of the garage door products and that there is no defects liability period and AGD is not obligated to do any repair to the garage door products. AGD may in its absolute discretion elect to complete repairs to the garage door products on terms it determines in its absolute discretion.
    2. If there are any minor defects (for example, light scratches on the door) AGD have the right to repair the minor defect.
    3. 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.
    4. The customer cannot dispute or many any claims with respect to minor defects or acceptable gaps that are within range.
  4. LIABILITY
    1. You release and indemnify AGD and its officers, 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:
      1. Any breach of this Agreement by you; and
      2. Any breach of law or infringement of a third party’s rights; and
      3. 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.
    2. The liability of a Party arising under and/or in connection with this Agreement will exclude any liability for indirect or consequential loss.
    3. To the maximum extent permitted by law, the aggregate liability of AGD 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 AGD.
    4. You acknowledges that AGD is only the distributor and installer and not the manufacturer of the garage door products, therefore although AGD will use best endeavours to assist in any warranty disputes within a reasonable time, you hold AGD 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.
    5. Without limiting AGD’s warranties and other obligations under this Agreement, AGD agrees to assign to you, without additional cost, the benefit of all manufacturers’ warranties and/or service warranties granted to AGD by the suppliers of the garage door products, and any components.
  5. LABOUR WARRANTY
    1. This labour warranty covers only to the installation Services provided by AGD to you and does not extend to manufacturer’s warranty.
    2. You may make a labour warranty claim within 12 months from the date of instalment.
    3. AGD will contact you within 7 days of receiving a labour warranty claim.
    4. If AGD accepts the labour warranty claim, then AGD will attempt to attend to the labour warranty claim within 14 days of receiving the labour warranty claim.
    5. If you engage the services of a third party to complete any repair works, AGD may choose not to honour the terms of this warranty and declare it void.
  6. COMPLAINTS
    1. At AGD, 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 AGD as soon as possible.
  7. DISPUTE RESOLUTION
      Objectives
    1. At AGD, 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 AGD as soon as possible.
    2. 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.
      3. Notification
    3. 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 Society of New South Wales.
      4. Continued performance
    4. Notwithstanding the existence of a dispute, you must pay any portion of the Invoice and Quote that is undisputed.
  8. FORCE MAJEURE
    1. AGD 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 AGD (a force majeure event).
    2. If a force majeure event occurs, then AGD will notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
  9. ENTIRE AGREEMENT
    1. This Agreement constitutes the entire agreement between the Parties and supersedes all prior representations, agreements, statements, and understandings.
  10. SET OFF You may not reduce any fees or other charges or costs payable to AGD under this Agreement. AGD may set-off any amount payable by you to AGD under this Agreement against any other amounts payable by AGD to you.
  11. RELATIONSHIP OF PARTIES Nothing in this Agreement gives rise to any relationship of agency, partnership, employment or otherwise between the Parties.
  12. APPLICABLE LAW The laws of the State of New South Wales govern this Agreement and the Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

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