Terms and Conditions of Sale

By accepting a quotation, signing an order, or paying a deposit, the Customer acknowledges and agrees to be bound by these Terms and Conditions.

1. Quotations and Acceptance

1. All quotations are valid for three (3) months from the date of issue unless otherwise stated in writing.
2. Acceptance of a quotation occurs upon:
   1. written acceptance by the Customer in email; or
   2. payment of the required deposit.
3. The Company reserves the right to withdraw, amend, or correct any quotation prior to acceptance.
4. Any variation, addition, omission, or change requested by the Customer after acceptance may result in additional charges, revised lead times, and amended installation dates.
5. Prices are based on information available at the time of quotation and may be adjusted where final site measurements differ from preliminary measurements.

2. Payment Terms

1. A deposit equal to fifty percent (50%) of the total contract value is required before manufacture or procurement will commence.
2. A further progress payment equal to thirty percent (30%) of the total contract value is required before installation can be scheduled and confirmed.
3. The remaining balance of twenty percent (20%) is payable immediately upon completion of installation.
4. Installation dates cannot be confirmed until all required progress payments have been received.
5. Failure to make payments by the due date may result in delays to manufacture, delivery, or installation.
6. The Customer agrees to pay all reasonable costs incurred by the Company in recovering overdue amounts, including debt collection agency fees, solicitor costs, court fees, and administrative expenses.
7. The Company reserves the right to charge interest on overdue accounts at a reasonable commercial rate permitted by law.

3. Custom Made Products

1. All products supplied by the Company are custom made or specifically ordered to Customer requirements.
2. Once manufacture, procurement, or production has commenced, orders cannot be cancelled, amended, returned, exchanged, or refunded due to change of mind.
3. Deposits paid on custom made products are non-refundable once production has commenced.
4. Orders cancelled before manufacture commences may incur administration, consultation, measuring, design, procurement, and supplier charges, which may be deducted from any refund.

4. Retention of Title

1. Ownership of all goods remains with Top Notch Blinds and Shades until payment has been received in full.
2. Until full payment is received:
   1. title to the goods remains with the Company;
   2. the Customer holds the goods as bailee for the Company; and
   3. the Company may recover possession of unpaid goods where legally permitted.
3. Risk in the goods passes to the Customer upon delivery or installation, whichever occurs first.

5. PPSA (Personal Property Securities Act)

1. The Customer acknowledges that these Terms and Conditions create a security interest in favour of the Company under the Personal Property Securities Act 2009 (Cth).
2. The Customer agrees to do all things reasonably required by the Company to register and maintain its security interest.
3. The Customer waives any rights under the PPSA to the extent permitted by law where such rights would otherwise prejudice the Company’s security interest.

6. Site Measurements and Customer Responsibilities

1. Final site measurements taken by the Company shall be used for manufacturing purposes.
2. Any increase or decrease in final measurements may result in a corresponding adjustment to the quoted price.
3. Customers are responsible for reviewing and approving all colours, fabrics, materials, finishes, dimensions, operating systems, and product selections before manufacture commences.
4. Where measurements are supplied by the Customer, the Company accepts no responsibility for sizing errors, fitment issues, remanufacture costs, or associated losses arising from incorrect measurements.
5. Customers are responsible for obtaining any approvals required by landlords, builders, strata corporations, body corporates, councils, heritage authorities, or government agencies.
6. The Company accepts no liability for delays arising from approval requirements.

7. Installation Conditions

1. Installation areas must be safe, clean, clear, and readily accessible on the scheduled installation date.
2. The Customer must provide safe access to all installation locations.
3. The Company reserves the right to refuse installation where unsafe conditions exist.
4. Additional charges may apply where installation is delayed or interrupted due to:
   1. restricted access;
   2. unfinished building works;
   3. site conditions;
   4. interference by other trades;
   5. return visits unrelated to product defects; or
   6. customer requested rescheduling.
5. Quotations are based on standard installation access conditions.
6. Additional charges may apply where scaffolding, elevated work platforms, cranes, traffic control, special equipment, or additional labour are required.

Installer Access and Work Area

• The Customer must provide installers with a safe, clean, clear, and reasonably uninterrupted work area for the duration of the installation.
• For safety and efficiency reasons, customers, occupants, visitors, children, and pets must remain clear of the immediate work area while installation is being carried out.
• The Customer agrees to minimise interruptions and allow installers to perform their work without unnecessary interference, supervision, or obstruction.
• Excessive interruptions, repeated work stoppages, conflicting instructions, customer delays, or interference with the installation process may result in delays and additional labour charges.
• The Customer must nominate one authorised person to provide instructions and approve any variations.
• Any changes requested after installation has commenced may be treated as a variation and may incur additional charges, revised completion times, or return visit fees.
• The Company reserves the right to suspend or postpone installation where work cannot be safely or efficiently completed.
• Additional attendance, labour, travel, and administration charges may apply where installation cannot be completed on the scheduled date.

8. Storage of Goods

1. Where products are ready for installation and the Customer requests a delay exceeding fourteen (14) days, storage charges may apply.
2. The Company may require final payment before releasing stored goods for installation.

9. Delivery and Installation Dates

1. All delivery and installation dates are estimates only.
2. Lead times are not guaranteed and may vary due to supplier availability, manufacturing schedules, freight delays, customs processing, labour shortages, public holidays, weather events, or other circumstances beyond the Company’s control.
3. Local products generally require approximately two (2) to five (5) weeks.
4. Overseas manufactured products generally require approximately eight (8) to ten (10) weeks.

10. Electrical and Motorised Products

1. Suitable power supply must be available at the installation location unless otherwise specified in writing.
2. Electrical work, wiring, transformers, charging points, power outlets, and associated electrical requirements remain the Customer’s responsibility unless included in the quotation.
3. Battery operated motors require regular charging and maintenance in accordance with manufacturer recommendations.
4. Reduced performance resulting from inadequate charging is not considered a product defect.

11. Product Characteristics and Industry Tolerances

1. Products are manufactured within accepted industry tolerances.
2. Minor variations in dimensions, alignment, light gaps, fabric positioning, panel spacing, operating characteristics, and finish are not considered defects.
3. Natural variations in colour, texture, grain, weave, finish, pattern matching, and appearance are characteristics of the materials used and are not manufacturing defects.
4. Plantation shutters may contain visible joins, grain variations, and minor colour differences.
5. Timber and timber look products may expand, contract, warp, or change appearance due to environmental conditions.
6. Curtains and fabrics may experience natural settling, stretching, shrinkage, creasing, and fading over time.
7. Curtains may require approximately three (3) to four (4) weeks after installation to achieve their intended appearance.

12. External Products

1. Outdoor blinds, awnings, and external shading products must be retracted during strong winds, storms, hail events, and severe weather conditions.
2. Damage resulting from failure to retract external products during adverse weather is not covered by warranty.

13. Warranties

Shutters

• 10 Year Product Material Warranty on PVC Shutters
• Manufacturer warranties on timber shutters

Blinds and Shades

• 2 Year Workmanship Warranty
• Manufacturer warranties on fabrics

Vertical Drapes, Veri Shades and Curtains

• 2 Year Workmanship Warranty
• Manufacturer warranties on fabrics

Awnings

• 2 Year Workmanship Warranty
• Manufacturer warranties on fabrics

Fabrics

• Manufacturer warranties apply on all fabrics

14. Other Trades and Building Works

1. The Company is not responsible for damage occurring during or after installation due to any third party.
2. The Customer is responsible for protecting installed products during subsequent building works.

15. Limitation of Liability

1. To the maximum extent permitted by law, the Company’s liability is limited to repair, replacement, or refund of the affected product.
2. The Company shall not be liable for indirect, incidental, special, consequential, or economic losses.
3. Samples, brochures, photographs, websites, catalogues, and digital displays are indicative only and final products may vary.

16. Defects and Claims

1. Customers must inspect products upon installation.
2. Claims relating to defects, shortages, damage, or installation issues must be reported within seven (7) days after installation.
3. Failure to notify the Company within a reasonable period may affect investigation of the claim.

17. Photography and Marketing

The Company may photograph completed installations for quality assurance, warranty records, training, and marketing purposes. No personal information identifying the Customer will be published without consent.

18. Minimum Charges

• Roller Blinds: Minimum charge of 1.5 square metres per opening.
• Shutters: Minimum charge of 1 square metre per opening.
• Venetian Blinds, Honeycomb Blinds, Vision Blinds and Vertical Blinds: Minimum charge of 2 square metres per opening.

19. Force Majeure

The Company shall not be liable for delays or failure to perform obligations caused by events beyond its reasonable control.

20. Dispute Resolution

1. The parties agree to attempt to resolve disputes through good faith negotiation before commencing legal proceedings.
2. Nothing in this clause prevents either party from seeking urgent injunctive or statutory relief.

21. Australian Consumer Law

1. Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies available under the Australian Consumer Law.
2. Customers are entitled to replacement, repair, or refund rights as provided by the Australian Consumer Law.

22. Governing Law

1. These Terms and Conditions shall be governed by the laws of Australia and the Australian Capital Territory.
2. The parties submit to the jurisdiction of the courts of the Australian Capital Territory and Australia.