To the fullest extent legally possible all contacts made between FINESSE WINDOW SYSTEMS PTY LTD (as defined in all order forms and invoices) and the Customer relating to any goods and any services (“the goods” and/or “the services”) are subject to the following terms and conditions of sale (“these terms”) unless otherwise expressly agreed in writing.
Payment is to be made by cash, cheque, bank cheque or Electronic Funds Transfer without deduction within 30 days from invoice date.
Interest will be charged on overdue accounts at the Penalty Interest Rates Act 1983 (Vic) rate plus 2%.
Property in goods shall not pass until payment in full of all monies owed by the Customer. FINESSE WINDOW SYSTEMS PTY LTD reserves the right to take possession and dispose of goods as it sees fit at any time until full payment.
The Customer grants permission to FINESSE WINDOW SYSTEMS PTY LTD to enter any property where any products are stored or installed and with such force as is necessary.
Immediately upon delivery or installation, the Customer accepts liability for the safe custody of goods and agrees to indemnify FINESSE WINDOW SYSTEMS PTY LTD for any losses relating thereto.
Upon sale or disposition of any goods prior to full payment the Customer agrees to deposit all proceeds to a bank account which will be supplied and shall forthwith account to FINESSE WINDOW SYSTEMS PTY LTD notwithstanding that FINESSE WINDOW SYSTEMS PTY LTD may have granted any credit facility and/or time to pay.
Until payment in full the Customer agrees to keep all goods unpaid for as fiduciary for FINESSE WINDOW SYSTEMS PTY LTD and to store products in a manner which shows FINESSE WINDOW SYSTEMS PTY LTD as owner.
This clause is not intended to create a charge over any goods and shall be read down to the extent necessary to avoid creating a charge.
The Customer agrees that a certificate purporting to be signed by an officer of FINESSE WINDOW SYSTEMS PTY LTD identifying goods as unpaid for shall be conclusive evidence that the goods have not been paid for.
The Customer agrees to limit any claim it makes to the cost of supply of equivalent goods.
FINESSE WINDOW SYSTEMS PTY LTD reserves the right to withdraw any offers made or quotations provided at any stage.
FINESSE WINDOW SYSTEMS PTY LTD shall not be liable for any claim, loss or expense arising which is made after 14 days from the date of delivery of goods and/or services (or at all once goods have been unpacked, on-sold or otherwise used and applied).
FINESSE WINDOW SYSTEMS PTY LTD shall not be liable in any way for any contingent, consequential, direct or indirect, special or punitive damage arising in any way and whether due to negligence or otherwise.
The Customer acknowledges and agrees that it is the Customer’s sole responsibility to ensure that materials, designs, drawings, specifications and procedures provided are correct and appropriate.
In the event of any dispute arising concerning any order, the internal records of FINESSE WINDOW SYSTEMS PTY LTD will be conclusive evidence of what was ordered.
Each order placed represents that the Customer is solvent and able to pay all debts when due. Failure to pay shall be deemed evidence of misleading or unconscionable conduct.
All sales are made at the ruling price at the time of delivery. The Customer shall provide tax file number and GST information if seeking exemption.
FINESSE WINDOW SYSTEMS PTY LTD accepts no responsibility for delivery but may arrange delivery at its discretion and charge accordingly.
Goods are deemed delivered when ready for collection or delivered to a carrier or site. Any signed delivery docket shall be conclusive evidence of delivery.
Price beat applies only to identical Australian uPVC manufactured products quoted officially. Not valid if below cost or inconsistent quotes.
FINESSE WINDOW SYSTEMS PTY LTD disclaims responsibility for goods or services produced to customer designs or incorrectly handled, stored or maintained.
The Customer shall pay all recovery costs including legal and collection expenses.
Upon default, FINESSE WINDOW SYSTEMS PTY LTD may retain monies paid, cease deliveries and repossess goods.
All contracts are governed by the laws of Victoria, Australia.
All prices exclude GST and applicable taxes unless otherwise stated.
Products are guaranteed against faulty workmanship or materials for 7 years on profiles and 10 years on moving hardware, subject to proper maintenance.
Clean PVC-U windows and doors using a soft damp sponge and non-abrasive detergent. Never use corrosive or abrasive chemicals. Never paint PVC-U profiles.
Seals made from TPE should be powdered with talc once per year to retain flexibility.
Moving parts should be checked twice yearly and lubricated (e.g. WD-40). Tilt and turn mechanisms may require adjustment.
Special Note: Bayside/Oceanside homes must wash metal hardware and apply clear grease every 6 months for salt protection.