EZ WINDOWS TERMS AND CONDITIONS OF ONLINE SALE
All Weather Windows (VIC) Pty Ltd ATF All Weather Windows
(VIC) Unit Trust
Trading As EZ Windows
These Terms and Conditions govern all online sales of Goods
and Services supplied by All Weather Windows (VIC) Pty Ltd ATF All Weather
Windows (VIC) Unit Trust trading as EZ Windows (“EZ Windows”, “we”, “our”,
“us”) via its website or electronic platform. By placing an order online, the
Customer agrees to be legally bound by these Terms.
1. Definitions
1.1 “EZ Windows” means All Weather Windows (VIC) Pty
Ltd ATF All Weather Windows (VIC) Unit Trust trading as EZ Windows, its
successors and assigns.
1.2 “Customer” means any individual, company,
builder, contractor or entity purchasing Goods or Services via EZ Windows’
online platform and includes permitted successors and assigns, and where more
than one, jointly and severally.
1.3 “Goods” means all windows, doors, glazing
systems, components, materials, hardware, accessories and related products
supplied.
1.4 “Services” includes delivery, measurement,
installation, labour and associated works.
1.5 “Contract” means any confirmed online order
incorporating these Terms.
1.6 “Price” means the total amount payable including
GST, delivery, surcharges and approved variations.
1.7 “Completion Date” means the date installation
works are substantially completed.
2. Formation of Online Contract
2.1 A Contract is formed when:
- the
Customer completes checkout and payment via the website; and - EZ
Windows issues written order confirmation.
2.2 Orders are subject to acceptance by EZ Windows. EZ
Windows reserves the right to reject or cancel any order prior to dispatch.
2.3 These Terms prevail over any other terms proposed by the
Customer.
2.4 No representation not expressly contained herein shall
bind EZ Windows.
3. Pricing and Online Orders
3.1 All Prices displayed online are subject to change
without notice prior to order confirmation.
3.2 EZ Windows reserves the right to correct typographical,
system or pricing errors.
3.3 Where pricing is based on Customer-provided measurements
or specifications, the Customer warrants their accuracy.
3.4 Any error in specifications provided by the Customer
resulting in remanufacture shall be at the Customer’s cost.
4. Payment
4.1 Full payment is required at checkout unless otherwise
agreed.
4.2 Time for payment is of the essence.
4.3 The Customer may not withhold, deduct or set-off any
amount.
4.4 Chargebacks or payment reversals constitute breach of
Contract.
5. Custom and Made-to-Measure Goods
5.1 Goods manufactured to Customer specifications are
non-cancellable and non-refundable once production commences.
5.2 The Customer acknowledges such Goods are bespoke
products.
6. Delivery and Risk
6.1 Delivery occurs when Goods are delivered to the
nominated address or collected.
6.2 Risk passes upon Delivery.
6.3 Goods delivered to unattended sites remain at the
Customer’s sole risk.
6.4 EZ Windows shall not be liable for delays beyond
reasonable control including supply shortages or transport disruption.
7. Installation Services
7.1 Installation Services are warranted for one (1) year
from Completion Date strictly in respect of workmanship only.
7.2 The installation warranty excludes:
- structural
movement or settlement; - third-party
interference; - environmental
deterioration; - pre-existing
building defects; - works
not performed by EZ Windows.
7.3 Access must be safe and compliant. Additional costs
arising from unsafe or restricted access are payable by the Customer.
8. Non-Transferable Guarantee
8.1 Any warranty or guarantee is provided solely to the
original purchasing Customer.
8.2 Such warranty is not assignable or transferable to
subsequent owners or third parties.
9. Inspection and Defect Claims – Strict Time Bar
9.1 The Customer must inspect Goods immediately upon
Delivery.
9.2 Visible defects, damage or shortages must be notified in
writing within seven (7) days of Delivery.
9.3 Latent defects must be notified within fourteen (14)
days of discovery.
9.4 Failure to comply with these notification requirements
constitutes conclusive acceptance.
9.5 No claim shall be valid after twelve (12) months from
Delivery or Completion Date, whichever occurs later.
9.6 EZ Windows may inspect alleged defects before
determining remedy.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, EZ Windows’
total aggregate liability arising out of or in connection with any Contract
shall be limited to the lesser of:
(a) the Price paid under the relevant Contract; or
(b) the cost of repair or replacement of the defective Goods.
10.2 EZ Windows shall not be liable for:
- consequential
or indirect loss; - loss
of profit or revenue; - liquidated
damages; - delay
costs; - loss
of opportunity; - economic
loss; - third-party
claims.
10.3 Liability for installation defects strictly expires at
the end of the one-year warranty period.
10.4 The Customer acknowledges the Price reflects this
allocation of risk.
11. Australian Consumer Law
11.1 Nothing in these Terms excludes rights under the
Competition and Consumer Act 2010 (Cth).
11.2 Where permitted, remedies are limited to repair,
replacement or refund at EZ Windows’ election.
12. Retention of Title
12.1 Title to Goods remains vested in EZ Windows until full
payment is received.
12.2 The Customer grants irrevocable licence to enter
premises to recover unpaid Goods.
13. Default
13.1 Overdue amounts accrue interest at 2.5% per month
compounded monthly.
13.2 The Customer indemnifies EZ Windows for all recovery
costs including solicitor-client legal costs.
13.3 All monies become immediately due upon insolvency or
breach.
14. Cancellation and Returns (Online Sales)
14.1 Change-of-mind returns are not accepted for custom
Goods.
14.2 Non-custom Goods may only be returned with prior
written approval and may attract a restocking fee.
14.3 Approved returns must be unused and in original
condition.
15. Dispute Resolution
15.1 A party alleging dispute must provide written notice
specifying particulars.
15.2 The parties must attempt good faith negotiation within
seven (7) days.
15.3 Failing resolution, disputes shall be referred to
mediation in Victoria administered by a mutually agreed mediator.
15.4 If mediation fails, courts of Victoria shall have
exclusive jurisdiction.
15.5 Nothing prevents EZ Windows from pursuing debt recovery
or statutory remedies.
16. Security of Payment
The Building and Construction Industry Security of Payment
Act 2002 (Victoria) applies where applicable.
17. Force Majeure
EZ Windows shall not be liable for delay or failure due to
events beyond reasonable control including:
- supply
chain disruption; - industrial
action; - acts
of God; - governmental
restrictions; - material
shortages.
18. Governing Law
These Terms are governed exclusively by the laws of
Victoria, Australia.
19. Entire Agreement
These Terms constitute the entire agreement between the
parties and supersede all prior representations.
Customer Acknowledgement
By placing an online order, the Customer acknowledges that:
- these
Terms have been read and understood; - acceptance
occurs upon checkout and payment; - the
Contract creates binding legal obligations; and - risk
allocation and liability limitations are reasonable.