1. Upon acceptance of these terms, either by a signature and or a deposit paid, a binding contract is entered into between the Client and Empire Window Furnishings.
2. Quotations provided by Empire Window Furnishings are valid for 30 days from the date on the quote and may be subject to change after that time. Accepted orders are subject to change upon a final check measure by Empire Window Furnishings. Empire Window Furnishings reserves the right of non-acceptance at any time.
3. The completion date is an estimate and subject to material availability. Responsibility will not be accepted for delays as stated in clause 20. Compensation shall not be paid for any delays.
4. The Client shall make the site available between 7.00 am to 5.00 pm Monday to Friday, or as otherwise agreed.
5. The Client accepts that any powder coat colours and brands stated on this quote are per the Client’s selection and that Empire Window Furnishings takes no responsibility for shade variations.
6. Empire Window Furnishings shall accept no responsibility for material variations such as colour, grain, rippling, shrinkage or changes in length and Empire Window Furnishings shall not be liable in any way for loss or damage suffered as a consequence thereof.
7. Whilst every attempt will be made by Empire Window Furnishings to ensure that the products sold and delivered match samples or products on display in showrooms, any minor or material variation or change in colour or grain between the sample and the goods delivered shall not entitle the Client to reject the goods nor to claim any compensation for such variation or change.
8. Empire Window Furnishings strives to achieve the highest standard possible in the manufacture and installation of products that have been purchased. All work shall be carried out as directed by Empire Window Furnishings unless specific instructions are written on this agreement or written specifications are given to Empire Window Furnishings by the Client at the point of sale.
9. The Client acknowledges that employees of Empire Window Furnishings are not qualified colour consultants or interior decorators. Suggestions or recommendations made by employees of Empire Window Furnishings are their opinions only. The Client shall take responsibility for the choice of materials or products ordered.
10. The standard for imperfections on the final job is considered acceptable if it is not visible:
with the naked eye; and
in natural daylight at a distance of 1.2 metres.
Terms of payment
11. On practical completion (i.e. the majority of the order has been supplied and installed), Empire Window Furnishings installer is due the final payment.
12. In the event of non-payment, the client will be liable for all or any legal costs incurred by Empire Window Furnishings in recovering the debt.
13. The Client hereby acknowledges that the goods and services supplied by Empire Window Furnishings shall remain the property of Empire Window Furnishings until full payment is received. If the Client defaults on any terms of this agreement, including the payment of any monies due under this agreement, Empire Window Furnishings shall have the right (without serving notice) to retake possession of the goods supplied to the Client. The Client hereby authorises and allows Empire Window Furnishings representatives, agents or employees to enter premises upon which the goods are housed or stored for re-claiming possession. Empire Window Furnishings shall not be liable for any costs, losses, damages, expenses or any other monies or losses suffered by the Client as a result of re-claiming possession of the goods.
14. If the Client is not ready to take delivery of or to have the goods installed within four weeks of Empire Window Furnishings notifying the Client that the goods are to be installed, the Client agrees to pay the final payment up to the total value of the purchase price, or as otherwise agreed.
15. If Empire Window Furnishings advises the customer that the ordered products are ready for installation and the Client refuses to accept the products or fails to arrange the installation, or if Empire Window Furnishings is unable to contact the Client after making reasonable endeavours to do so, the remainder of the selling price shall immediately become payable. Empire Window Furnishings shall be entitled to treat an amount equal to the remainder of the selling price as a judgement debt. This shall be capable of enforcement as a judgement debt without Empire Window Furnishings taking any further action to obtain a judgement debt against the Client.
16. The Client agrees not to hold Empire Window Furnishings responsible for any delays with supply or installation and agrees not to demand any compensation, whether monetary or otherwise. The Client also agrees not to withhold payment if, for any reason, a minor part of a Client’s order is delayed.
17. The Client agrees that service of any notices or court documents may be effective when forwarded by email, pre-paid post or facsimile to the last known address or facsimile number of the Client.
18. Empire Window Furnishings shall not be liable for any failure or delay to supply, deliver or install the products where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of Empire Window Furnishings.
19. The Client is required to provide suitable access for all installations inside and outside the house and to remove any obstructions which could interfere with such installation, or valuables, which could be damaged. If an Empire Window Furnishings technician encounters any unforeseen difficulty with access or installation of the products ordered, the Client agrees to pay for any additional costs that may arise.
20. Clients are responsible for removing any existing window treatments unless other arrangements are made with the sales representative at the point of sale.
21. Empire Window Furnishings products are made square with some exceptions. Empire Window Furnishings shall not accept responsibility for any damage to premises or interruption to services where such damage or interruption is a result of circumstances beyond the control of Empire Window Furnishings.
22. Whilst every care will be taken when installing products, no responsibility will be accepted by Empire Window Furnishings for any damage to premises or interruption to services where such damage or interruption is as a result of circumstances beyond the control of Empire Window Furnishings.
23. Empire Window Furnishings guarantees that all our products will be free from defects in manufacturing or components for twelve months from the date of installation (excluding shutters), or as otherwise agreed and outlined in the contract. This warranty period starts from the date of installation and becomes effective only after full payment has been received. Empire Window Furnishings shall use its best endeavours to pass on to the Client the benefit of any warranties or guarantees it receives in respect to products or parts supplied to the customer which are not of Empire Window Furnishings manufacturing. See Empire Window Furnishings website (https://www.ewf.com.au/terms-conditions-warranties/) for more information about our products’ guarantee/warranty details.
24. In domestic use, all goods supplied are guaranteed against faulty material and faulty workmanship. Empire Window Furnishings will repair or replace, at its discretion, products or parts that prove faulty. Damage caused by accidents or misuse or colour change resulting from solar or other heat sources is not covered by this warranty. If the Empire Window Furnishings technician deems the reported defect is not due to faulty workmanship or material, a call-out fee will be charged.
25. Empire Window Furnishings will charge a $149.00 (Service Fee) to attend a Client’s premises to inspect goods that are the subject of a Warranty claim.
26. The Service Fee will be refunded if: (i) the alleged defect is covered under this Warranty and the Warranty claim is made within 12 months of installation; or (ii) a consumer guarantee applies under the Australian Consumer Law.
27. If the alleged defect is not covered under this Warranty or by a consumer guarantee under the Australian Consumer Law, or a Warranty claim is made later than 12 months after installation, the service fee will not be refunded and the Client will also be required to pay the cost of labour and parts.
28. Due to all of our work being custom made, we do not offer any refunds on services, however, we will work with you to ensure 100% satisfaction.