Terms & Conditions
1 GENERAL TERMS AND CONDITIONS
1.1 The Customer acknowledges and agrees that these General Terms and Conditions (“conditions”) apply to and form part of any transactions between the Customer and Solace Creations, including all quotations, offers, orders or sales.
1.3 The Customer acknowledges and agrees that any request from the Customer to Solace Creations for the supply of goods or services shall be deemed to be an acceptance of and agreement to be bound by these conditions.
2.1 Quotes are valid for 30 days and may be extended if supplier prices haven’t increased.
2.2 We do not generally include plumbing works, brick works, rendering, painting or electrical. An additional costing can be provided if needed. We are careful when removing windows and doors, however, there are times where there is damage to the plaster, paint or render. This repair will for the client to repair or we can provide a price to repair the work.
2.3 The Quote does not cover removal or re-installation of any curtains / blinds / shutters (internal or external) or any other miscellaneous window furniture / furnishings. Existing ‘in-place’ furnishings will delay work. In the event the client is not home during installation it will be at the builder / installers discretion to remove furnishings and charge back work directly to the client.
2.4 Orders are placed when a deposit has been made and signed paperwork is received.
2.5 We will do our best to meet estimated timeframes, however, sometimes there are delays beyond our control and we will advise you of these delays.
3.1 An order cannot be cancelled without the prior written consent of Solace Creations. Where an order is cancelled, the Customer indemnifies Solace Creations against any losses incurred by Solace Creations as a result of the cancellation,
4.1 The Customer may request that its order be varied by providing a request in writing to Solace Creations. A request for a variation must be agreed to in writing by Solace Creations in order to have effect.
4.2 If the Customer wishes to vary its requirements after a quote has been prepared or after the placement of an order, Solace Creations reserves the right to vary the quote to include any additional costs
4.3 Solace Creations has an automatic extension of time for the provision of the goods or services equal to the delay caused by the variation and this will be advised as soon as the new timeframe is known.
5.1 Where the order requires Solace Creations to site glaze, the Customer acknowledges and agrees that:
(a) Solace Creations will not install glazing in any windows and / or doors that have not been installed to industry approved standards ; and
(b) for every instance that Solace Creations are requested by the Customer to attend to install glazing in windows and / or doors that have not been installed to industry approved standards from time to time, the Customer will be charged an additional one hundred and fifty dollar ($150.00) call out fee. This applies to new builds or work done by other than our team.
5.3 Following the installation, your existing blinds, curtains or drapes may not fit within the new reveals. While we will try to make the size the same, if they do not fit then this is not the responsibility of Solace Creations.
5.4 Prior to work commencing, the area will be prepared with blinds, curtains and shutters removed and furniture moved at least a metre form the window/door.
5.4 Solace Creations is not responsible for discovery and/ or removal of asbestos before, during or after an installation. All asbestos related works will need to be carried out by a qualified Asbestos removal specialist prior to work commencing. In the event that asbestos is discovered during an installation – all work will cease until deemed safe by a qualified Asbestos removal specialist. Solace Creations will not be accountable for delays in work due to undisclosed asbestos.
5.5 We do not accept responsibility for DIY and window or door measurements not taken by Solace Creations Double Glazing.
6. INTELLECTUAL PROPERTY
6.1 Where Solace Creations has designed, drawn or written Goods for the client, then the copyright in those design and drawings and documents shall remain vested in Solace Creations, and shall only be used by the Client at Solace Creations discretion.
6.2 The Client warrants that all designs or instructions to Solace Creations will not cause Solace Creations to infringe any patent, registered design or trademark in the execution of the Clients order and the Client agrees to indemnify Solace Creations against any action taken by a third party against Solace Creations in respect of any such infringement.
6.3 The Client agrees that Solace Creations may photograph the Goods once installed, and use those photographs for the purpose of advertising, marketing, or entry into any competition.
7.1 The client is to pay in accordance with the payment schedule
7.2 Should there be a shortage on your delivery, you will be required to pay for the portion of the goods that you have already received in accordance with this contract. Holding a complete payment for goods such as flyscreens or handles is not appropriate or in line with this agreement. We will agree on an appropriate amount with you.
7.3 Should it be considered necessary by Solace Creations to incur legal and / or any other expenses in obtaining, or attempting to obtain, payment for any amount due by the Customer, the Customer shall be liable for all such expenses.
7.4 Interest on overdue amounts may be charged at a rate of fifteen per cent (15%) per annum calculated daily and the Customer shall be liable for, and expressly undertakes to pay, all such interest.
8 ACCEPTANCE OF GOODS
8.1 The Customer will inspect the goods upon delivery to the Customer or upon collection of that order by the Customer’s agent or courier as the case may be.
8.2 All claims against Solace Creations regarding the quality, nature, fitness, suitability, conformance with description or defects of the goods must be made in writing to Solace Creations within thirty (30) days of delivery. Solace Creations does not accept liability for any such claim not made in accordance with these terms.
8.3 In the event of justified objection notified by the Customer to Solace Creations in accordance with these terms, Solace Creations may, at its option:
(a) reduce the purchase price by agreement with the Customer;
(b) accept the return of the goods and, subject to the goods being returned in the same condition as when they were delivered to the Customer, refund to the Customer the purchase price; or
(c) replace the goods;
and no additional claims of any nature whatsoever may be made against Solace Creations.
9.1 While Solace Creations endeavours to keep delivery dates, any delay of delivery, for any reason whatsoever, will not entitle the Customer to claim for any consequential loss or damage or to cancel, rescind or terminate the agreement.
10 RETENTION OF TITLE
10.1 Notwithstanding delivery of the goods to the Customer, until the Customer has effected full payment for the goods and any other goods previously supplied by Solace Creations:
(a) legal title to the goods will remain with Solace Creations;
11 ADVICE AND INFORMATION
11.1 Any advice, recommendation, information, assistance or service given by Solace Creations in relation to goods sold or services provided by Solace Creations or their use or application is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty of accuracy, appropriateness or reliability and Solace Creations does not accept any liability or responsibility for any loss suffered from the Customer’s reliance on such advice, recommendation, information, assistance or service.
12 AGENCY AND ASSIGNMENT
12.1 The Customer agrees that Solace Creations may at any time appoint or engage an agent to perform an obligation of Solace Creations arising out of or pursuant to these conditions.
12.2 Solace Creations has the right to assign and transfer to any person all or any of its title, estate, interest, benefit, rights, duties and obligations arising in, under or from these conditions provided that the assignee agrees to assume any duties and obligations of Solace Creations owed to the Customer under these conditions.
12.3 The Customer is not to assign, or purport to assign, any of its obligations or rights under these conditions without the prior written consent of Solace Creations.
13.1 The Customer warrants that it has full power and lawful authority to enter into these conditions and to consummate and perform, or cause to be performed, its obligations under these conditions including but not limited to any necessary approvals from body corporate managers or owners corporations.