Competition and Consumer Act 2010 (CCA)
1 Defects, Warranties, Returns and Cancellation
1.1 The Customer must inspect the Goods on Delivery and must within seven (7) days notify EZ Windows in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow EZ Windows to inspect the Goods.
1.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (“Non-Excluded Guarantees”).
1.3 EZ Windows acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
1.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, EZ Windows makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. EZ Window’s liability in respect of these warranties is limited to the fullest extent permitted by law.
1.5 If the Customer is a consumer within the meaning of the CCA, EZ Window’s liability is limited to the extent permitted by section 64A of Schedule 2.
1.6 If EZ Windows is required to replace the Goods under this clause or the CCA, but is unable to do so, EZ Windows may refund any money the Customer has paid for the Goods.
1.7 If the Customer is not a consumer within the meaning of the CCA, EZ Window’s liability for any defect or damage in the Goods is:
(a) Limited to the value of any express warranty or warranty card provided to the Customer by EZ Windows at EZ Window’s sole discretion;
(b) Limited to any warranty to which EZ Windows is entitled, if EZ Windows did not manufacture the Goods;
(c) Otherwise negated absolutely.
1.8 Subject to this clause 1, returns will only be accepted provided that:
(a) The Customer has complied with the provisions of clause 1.1; and
(b) EZ Windows has agreed that the Goods are defective; and
(c) The Goods are returned within a reasonable time at the Customer’s cost; and
(d) The Goods are returned in the same condition to that in which they were delivered.
1.9 Notwithstanding clauses 1.1 to 1.8 but subject to the CCA, EZ Windows shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) The Customer failing to properly maintain or store the Goods;
(b) The Customer using the Goods for any purpose other than that for which they were designed;
(c) The Customer continuing the use of the Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) The Customer failing to follow any instructions or guidelines provided by EZ Windows;
(e) Fair wear and tear, any accident, or act of God.
1.10 In the case of second hand Goods, unless the Customer is a consumer under the CCA, the Customer acknowledges that it has had full opportunity to inspect the second hand Goods prior to delivery and accepts them with all faults and that to the extent permitted by law no warranty is given by EZ Windows as to the quality or suitability for any purpose and any implied warranty, statutory or otherwise, is expressly excluded. The Customer acknowledges and agrees that EZ Windows has agreed to provide the Customer with the second hand Goods and calculated the Price of the second hand Goods in reliance of this clause 1.10.
1.11 Notwithstanding anything contained in this clause if EZ Windows is required by a law to accept a return then EZ Windows will only accept a return on the conditions imposed by that law.
2 Cancellation
2.1 Without prejudice to any other remedies EZ Windows may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions EZ Windows may suspend or terminate the supply of Goods to the Customer. EZ Windows will not be liable to the Customer for any loss or damage the Customer suffers because EZ Windows has exercised its rights under this clause.
2.2 EZ Windows may cancel any contract to which these terms and conditions apply or cancel Delivery at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice EZ Windows shall repay to the Customer any money paid by the Customer for the Goods. EZ Windows shall not be liable for any loss or damage whatsoever arising from such cancellation.
2.3 In the event that the Customer cancels Delivery the Customer shall be liable for any and all loss incurred (whether direct or indirect) by EZ Windows as a direct result of the cancellation (including, but not limited to, any loss of profits). Because all orders are fully imported and made to measure orders, any cancellation will make the Customer liable for the payment of the remaining balance of the agreed Price, less any installation charges calculated by EZ Windows. Cancellation of order for Goods made to the Customer’s specification, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.