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Terms and Conditions

Orders

By engaging Us to provide the installation of Thermawood Product in accordance with the quotation and scope of works attached to these Terms and Conditions, You acknowledge and agree that You are expressly contracting with Us on these Terms and Conditions and You will be bound by these Terms and Conditions unless otherwise expressly agreed to in writing by Us.

Pricing

Price of the Product including installation is as stated in the quotation provided by Us as at the date of our acceptance of your order and attached hereto, unless otherwise agreed by Us in writing.

Due to the fluctuations in costs of materials the price contained in the quotation is valid for 30 days of the date of quotation. If you do not accept the quotation (and thereby place your order with Us) during this period We are not bound thereafter to supply the Product at that price.

We are not bound to accept your order.

In addition to the price payable for the Product and its installation, You must pay to Us, on demand, the GST payable in respect of the supply of those Product.

You must pay all money due to Us without deduction, set-off, withholding or counterclaim as We direct.

We may at Our discretion apply any payments We receive from You in and towards the satisfaction of any indebtedness on your part and We will not be bound by any conditions or qualifications that You may make in relation to payments made to Us.

Payment Terms

A deposit of 50% (unless We agree otherwise) of the price for the Product and its installation is payable upon your acceptance of our quotation and these terms and conditions.

Your order will not be accepted by Us unless the required deposit has been paid to Us in cleared funds.

The balance of the price is due and payable by You in full immediately upon completion of installation of the Product by Us.

Delivery & Installation

We will advise you of our proposed schedule for installation of the Product.

You must provide reasonable and proper access to the location specified for installation during usual business hours.

We will endeavour to deliver and install the Product within the time specified by Us. In the event that We experience stock shortages and are unable to deliver within the anticipated timeframe, We will advise You and provide you with an updated estimate of delivery.

Under circumstances which are beyond our control We may unilaterally delay or suspend any delivery for such period as may be required.

You must notify Us of any defect with respect to the Product or its installation within 7 days of installation, otherwise You will be deemed to have accepted the Product.

If a dispute arises (including as to the quality of the Product), You must accept and pay for the Product and settle any claim with Us at a later date.

Warranty

5.1 We expressly warrant that the installation of the Product by Us will be conducted in a proper and workmanlike manner, will be in accordance with the agreed scope of works and will be free from defects of installation.

5.2 To the extent that any express guarantees or warranties are provided by manufacturers of parts in relation to the Product supplied by Us, We agree that the benefit of those warranties will be conferred on to You.

All warranties provided by Our glass supplier (Glass Supplier IGU Warranty) in relation to material and manufacturing defects in relation to the glass shall be passed on to You in full.

In the event of a defect in the Product or installation of the Product we agree to remedy the defect (subject to clause 6) provided that:

  • We receive written notification and description of the defect within the warranty period;
  • We are provided with the opportunity to investigate and examine the installed Product and make an assessment of the defect claim; and
  • We determine that the defect is directly attributable to Our workmanship or defective manufacture and We are satisfied that it is not attributable to You or other causes.

We acknowledge that in respect of Product supplied and installed by Us the statutory guarantees contained in the CCA may apply, however to the extent permitted by legislation, We exclude all liability to any person for anything other than rectification, repair by Us or replacement by Us of the installed Product where such installed Product does not meet the description or is not fit for purpose.

As at the date of publication of these terms and conditions a glass supplier IGU warranty of 10 years is supplied by the manufacturer of the glass.

Defect Inspection

In the event that a warranty claim is made under clause 5 and upon inspection at site it is determined by Us that the defect or problem is not directly attributable to Our workmanship, defective manufacture or installation, a minimum call out fee of $250 (plus GST) for site inspection plus travel expenses will apply. Any repair work at site that You engage Us to conduct will be charged at a rate of $## per hour plus materials.

    Liability

    Subject to the express provisions of clause 6 and the operation of the CCA We expressly exclude liability for:

    • any claim, loss or expense whatsoever or howsoever arising in relation to the Product installed;
    • any contingent, indirect or consequential losses whatsoever;
    • any claim, loss or expense sustained or incurred by You or any other person arising in any way as a result of the unavailability of Product, any delay in delivery of the Product or any failure to deliver Product.

    Title & Risk

    Property in the Product will remain with Us and will not pass to You until such time when You pay all monies owing to Us for the Product. While the Product remains Our property You agree that:

    • You hold the Product as fiduciary bailee for Us;

    • You must not remove, deface or obliterate any identifying mark or number on any of the Product.

    The risk to the Product immediately passes to You upon the installation of the Product.

    Default

    If You fail to make any payment in accordance with these terms and conditions or if you become subject to an insolvency event or being an individual You commit an act of bankruptcy, We may (without prejudice to any of our rights at law) do any of the following:

    • require immediate payment of all outstanding amounts owed to Us, whether due or not;

    • suspend further delivery of Product;

    • immediately recover possession of any Product located at the premises where the Product is being installed (in the furtherance of which You grant Us an irrevocable licence to enter the premises to do so);
    • require the payment of cash before delivery of any further Product;
    • require that You pay interest to Us on any outstanding amounts at the Interest Rate from the date that payment was due;
    • issue recovery proceedings to recover any outstanding amounts; and/or
    • require that you pay to Us our full costs and expenses of recovering any amounts owed to Us including all legal costs (at solicitor client rates).

    PPSA

    10.1 You grant Us a purchase money security interest, as defined in the PPSA in the bailed Product and any proceeds of sale of the bailed Product (PMSI) to secure the purchase price of the bailed Product.

    10.2 The costs of registering a financing statement will be paid by You.

    10.3 You agree not to do or permit anything to be done that may result in the PMSI granted to Us ranking in priority behind any other security interest (as defined in the PPSA).

    10.4 You will take such further steps (including obtaining consents, supplying information, signing forms or executing documents) which may be required by Us to take further or better security under the PPSA in respect of the bailed Product and proceeds of sale of the bailed Product or to maintain the effectiveness or priority of any security interest under the PPSA.

    10.5 You undertake to:

    • not register a financing change statement or an amendment demand in relation to any security interest created by this Agreement without Our the prior written consent;
    • give not less than fourteen (14) days prior written notice of any proposed changes in name or any other change in your details.

    10.6 You agree that nothing in sections 125, 132(3)(d), 132(4), 135, 142 and 143 of the PPSA shall apply to this agreement, or the security under this agreement and to the extent permitted by the PPSA, agrees to waive and contract out of its rights to receive any notice or statement under sections:

    • 95 (notice of removal of an accession);

    • 118 (notice of decision to enforce security interest under land law);

    • 121(4) (enforcement of liquid assets – notice to grantor);
    • 123 (notice of seizure of collateral);
    • 130 (notice of disposal of collateral);
    • 132(3)(d) (statement of account following a disposal showing amounts paid to other secured parties);
    • 132(4) (statement of account if there is no disposal);
    • 157 (notice in relation to registration of events),

    or otherwise. The parties also contract out of each other provision of Part 4.3 of the PPSA, under sections 115(7) and 116(2), but only to the extent that the provision imposes obligations on Us.

    10.7 You will not disclose information of the kind mentioned in section 275(1) of the PPSA, unless required by law (other than section 275(1) of the PPSA).

    General

    11.1 You agree that all contracts made with Us will be deemed to be made in the State or Region in which the Product is to be delivered and installed and You agree to submit to the jurisdiction of the appropriate court in that State or Region.

    11.2 The provisions of these Terms and Conditions will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.

    11.3 The terms and conditions of this agreement override and take precedence over all other prior and/or subsequent documents, customer order forms, printed materials, conversations, representations and/or discussions.

    11.4 Time shall be of the essence so far as it relates to Your obligations under these Terms and Conditions.

    11.5 In these Terms and Conditions, unless the context otherwise requires:

    • CCA means, as applicable, the Competition and Consumer Act 2010 (Cth) (Australia) or the Consumer Guarantees Act 1993 (NZ) and Fair Trading Act 1986 (NZ);

    • Product means the Thermawood double glazing retro-fit system for timber windows including all components necessary to installation; all goods and services which are the subject matter of any contract for sale or supply by Us to You;

    • Interest Rate means 9.5% per annum;
    • PPSA means, as applicable, the Personal Property Securities Act 2009 (Cth) (Australia) or the Personal Property Securities Act 1999 (NZ);
    • Thermawood means Thermawood Double Glazing Systems,being the manufacturer of the Product;
    • We and Us means the authorised Thermawood installer supplying and/or installing the Product under these Terms and Conditions, and includes our successors and assigns;
    • You means you as customer, your personal representatives, successors and permitted assigns and includes any servant, agent, partner, contractor or employee of that person;
    • any agreement, warranty, representation or obligation which binds or benefits 2 or more persons, binds or benefits those persons jointly and severally.