TERMS AND CONDITIONS
Terms and Conditions of Sale Effective: October, 2021
*Product warranty is not transferrable and only the original purchaser of the products can make a claim under its warranty.
1. Upon acceptance of these terms, a binding contract is entered into between the customer and Franklyn Blinds Awnings Security (hereafter represented by Franklyn) not withstanding Franklyn’s right of non-acceptance due to errors and omissions.
2. Quotations provided by Franklyn are valid for 14 days and may be subject to change after that time. Accepted orders are subject to checking at Franklyn head office where Franklyn reserves the right of non-acceptance.
3. Completion date is an estimate only and subject to material availability. No responsibility will be accepted for delays as stated in clause 20.
4. Customer to make access to the works available between 7.00am to 4.00pm Monday to Friday or as otherwise agreed.
5. Customer accepts that any powdercoat colours and brand stated on this quote are as per the customers selection and that Franklyn takes no responsibility for shade variations.
6. Franklyn accepts no responsibility for material variations such as colour, grain, rippling, shrinkage or changes in length and Franklyn shall not be liable in any way for loss or damage suffered as a consequence thereof.
7. Whilst every attempt will be made by Franklyn to ensure that the products sold and delivered match samples or products on display in showrooms, any minor or immaterial variation or change in colour or grain between the sample and the goods delivered shall not entitle the customer to reject the goods nor to claim any compensation for such variation or change.
8. Franklyn strive to achieve the highest standard possible in the manufacture and installation of products which have been purchased and all work will be carried out as directed by Franklyn unless specific instructions are written on this agreement or actual written specifications are given to Franklyn by the customer at point of sale.
9. Customer acknowledges that Franklyn staff are not qualified colour consultants or interior decorators – any suggestions or recommendations are their opinions only and the customer takes responsibility for the choice of materials or products ordered.
10. The acceptable standard for imperfections on the final job is – if it is visible with the naked eye, in natural daylight at a distance of 1.2 metres, it is not acceptable. If it is not visible with the naked eye, in natural daylight, at a distance of 1.2 metres it is acceptable.
TERMS OF PAYMENT
11. If the sale falls outside of the QBCC Act 1991, then the deposit will be twenty percent (20%) must be paid as a deposit at the time of acceptance of the quotation and placement of the order. If the sale falls within the QBCC Act 1991, then the deposit must not exceed 20% for the contract of any price where the value of the work to be performed off-site is more than 50% of the total contract price, 10% if the contract price is under $20,000, OR 5% if the contract is $20,000 or greater. Franklyn will retain the retainable amount allowed under the QBCC Act 1991 plus out of pocket expenses on withdrawal or cancellation of the contract.
12. On practical completion (ie. the majority of the order has been supplied and installed), final payment to the installer is required.
13. Franklyn reserves the right to charge interest at 2% per month on all retail accounts outstanding 7 days after practical completion if the contract falls outside of the Queensland Building and Construction Commission Act 1991 or of the agreed terms of payment. For contracts falling within the QBCC Act 1991, interest will be charged as
per item 11 of the signed contract.
14. In the event of non-payment, the customer named overleaf will be liable for all or any legal costs incurred by Franklyn in recovering the debt.
15. The customer hereby acknowledges that the goods and services supplied by Franklyn shall remain the property of Franklyn until full payment is received for same. In the event of the customer defaulting in any terms of this agreement including the payment of any monies due under this agreement then Franklyn shall have the right (without serving notice) to retake possession of the goods supplied to the customer by Franklyn. The customer hereby authorises and allows Franklyn or its representatives, servant, agent or employees to enter premises upon which the goods are housed or stored for the purpose of re-claiming possession of same and Franklyn shall not be liable for any costs, losses, damages, expenses or any other monies or losses suffered by the customer as a result of re-claiming possession of the goods.
16. If the customer is not ready to take delivery of or to have goods installed after six weeks from date of manufacture, the customer agrees to pay a progress payment up to the total value of the purchase price or as otherwise agreed upon.
17. If Franklyn advises the customer that the ordered products are ready for installation and the customer refuses to accept the products or fails to make arrangements for installation, or if Franklyn is unable to contact the customer after making reasonable endeavours to do so, the remainder of the selling price shall immediately become payable. Franklyn shall be entitled to treat an amount equal to the remainder of the selling price as a judgement debt and such debt shall be capable of enforcement as a judgement debt without Franklyn taking any further action to obtain a judgement debt against the customer.
18. The customer agrees not to hold Franklyn responsible for any delays with supply or installation and agrees not to demand any compensation, whether monetary or otherwise. The customer also agrees not to withhold payment if, for any reason, a minor part of a customer’s order is delayed.
19. The customer agrees that service of any notices or Court documents may be effected by forwarding same by pre-paid post or facsimile to the last known address or facsimile number of the customer.
20. Franklyn 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 Franklyn.
21. Customers are required to provide suitable access for all installation inside and outside the house and to remove any obstructions which could interfere with such installation or valuables which could be damaged. If a Franklyn technician encounters any unforeseen difficulty with access or installation of the products ordered, the customer agrees to pay for any additional costs that may arise.
22. Customers are responsible for advising Franklyn of the presence of any Asbestos at the installation address, that could be disturbed during the installation of the Franklyn products.
23. Customers are responsible for removing any existing window treatments unless other arrangements are made with the Sales Representative at point of sale.
24. Franklyn products are made square with some special exceptions and no responsibility can be accepted for windows that are out of square.
25. Franklyn will not be responsible for any damage that may occur at or after the installation of a product or accessory that require fixing into materials, including (but not limited to) tiles, carpet, timber flooring or laminated bench tops.
26. Whilst every care will be taken when installing products, no responsibility will be accepted by Franklyn for any damage to premises or interruption to services where such damage or interruption is a result of circumstances beyond the control of Franklyn.
27. Corded Blinds – Please note that blinds installed by Franklyn will comply with Australian Child Safety Laws for corded blinds.
28. For the following products the customer accepts:
a) Vertical Blinds
• Vertical Blinds are measured to allow 10–15mm clearance between the bottom of the blind and the sill or floor covering and a 5–10mm clearance on each side.
• In any given width of window for which a Vertical Blind is ordered, the correct number of blades is provided to give complete coverage of the glazed area. For some sized windows it may be necessary to overlap some blades to a greater degree than the rest of the blades in the track. In the event of skirting boards or wall tiles being fitted within the window recess it should be noted that such skirting boards or tiles may form an obstruction which could prevent the end blades from hanging vertical.
b) Aluminium Venetian Blinds
• Blinds are measured to allow 5–10mm clearance between the bottom rail of the blind and the sill or floor covering and recess venetians have a clearance of 5–10mm on each side. Face fit Venetians will cover the width of the architrave.
c) Timber Venetian Blinds
• STANDARD WINDOW: Blinds are measured to allow 5–10mm clearance from the bottom rail of the blind (in closed position) to the sill or floor covering. Recess fit blinds will have a 5–10mm clearance on each side of the blind. Face fit blinds will be 5mm less than the overall architrave width.
• BAY WINDOW: Blinds will be fitted to give maximum privacy, however when blinds are in a closed position there will be a 20–30mm gap between the blinds. For recess fit, the two side blinds will have a 5mm clearance between the blind and the recess. Face fit blinds will cover the width of architraves.
• Colour and grain will be matched as close as possible, however, cedar timber contains natural variations in colour and grain.
• Hold down brackets will be supplied and fitted to most windows and or doors. Some exceptions may arise where carpet or tiles are laid. If the customer insists on hold down brackets being fitted, no responsibility will be taken for any damage that might occur in the event of tiles that may crack or carpet that may be damaged.
d) Roman Blinds
• Roman Blinds are measured to allow 5–10mm clearance to the sill on windows and 10-15mm clearance on drops to the floor coverings and recess fit 5–10mm clearance on each side. Face fit Romans will cover the width of the architrave.
• Roman Blinds with aluminium battens require 1–2 weeks of hanging to allow fabric to drop to the required length.
• Some movement of fabric, such as rippling, can occur where the fabric is inserted along the batten; this is an inherent trait of this product especially on wider width blinds. Roman Blinds are not recommended over 1800mm wide.
• Franklyn do not recommend Roman blinds be fitted to Bay windows or Corner windows due to the design of the window and the workings of Roman blinds.
• Franklyn recommend that Roman blinds are FACE fitted so that access to the cords or chains are not restricted, this is to prevent damage to the fabric.
e) Panel Glide Blinds
• Panel Glides are measured to allow 5–10mm clearance to the sill on windows and 15–20mm clearance on drops to the floor coverings and recess fit Panel Glides have 5–10mm clearance on each side. Face Fit Panel Glides will cover the width of the architrave.
• Panel Glides with aluminium battens require 1–2 weeks of hanging to allow fabric to drop to the required length.
• Tracks over 3500mm width (with split draw) maybe split into 2 tracks at Franklyn’s discretion.
f) Roller Blinds
• Roller blind fabrics have a 15mm clearance on each side. If fabric is required to totally cover the glazed area it must be noted at the time of ordering, this can only be achieved on Rollers that are face fitted.
• Franklyn take no responsibility for fabrics rolling off to one side on the tube (ie. tracking). This is particularly common with long narrow blinds. Veeing may occur on blinds over 2000mm width.
• Some movement of fabric, such as rippling, can occur where the fabric is inserted along the bottom rail; this is an inherent trait of this product, especially on wider blinds.
• Where privacy is of a premium Franklyn do not recommend Roller blinds be fitted to Bay windows due to the window design.
• When blinds are linked together, there is no guarantee that bottom rails will remain in line or level with each other.
• There is no guarantee that patterned fabrics will match when two or more blinds are installed side-by-side.
g) Fabric Awnings
• Clear PVC material may shrink in size by up to 3%.
• Fabric Awnings with double layers of fabric along vertical joins and hems will crease when rolling up and down.
GUARANTEE & WARRANTY
29. Franklyn warrants that all products are fit for purpose and are new unless otherwise stated In the contract.
30. Franklyn guarantee that all our products will be free from defects in components and manufacture at the time of installation. This guarantee only becomes effective after full payment has been received. Franklyn shall use its best endeavours to pass on to the customer the benefit of any guarantees or warranties it receives in respect to products or parts thereof supplied to the customer which are not of Franklyn’s manufacture – see our website for more information about each products guarantee and warranty details.
31. In domestic use, all goods supplied are guaranteed against faulty material and faulty workmanship and Franklyn will repair or replace at its discretion products or part thereof that prove faulty. Damage caused by accidents or mis-use or colour change resulting from solar or other heat sources are not covered by this guarantee. In the event the Franklyn technician deems the reported defect is not due to faulty workmanship or material, a call out fee will be charged.
32. Franklyn warrants that all work will be carried out in accordance with all relevant laws and legal requirements.
33. Solid State Security (Pty) Ltd trading as Franklyn Blinds Awnings Security may be referred to as “Franklyn”,
34. “Works” means the work described In Item 1 of the contract and detailed in the accepted quotation,
35. “Start Date” means the date from which Franklyn will commence the manufacture of the product as ordered by the owner,
36. “Manufacture Day” and “Business Day” means a day that is not a Saturday, Sunday, Public Holiday or Special Holiday in Queensland,
37. “Practical Completion” means when the majority of the works as described in Item 1 of has been supplied and installed,
38. “Price” means the amount including GST as accepted on the detailed quotation.