AWL Canopies Terms & Conditions of Sale
These Terms and Conditions of Sale are provided by: JOSKA PTY LTD trading AWL Canopies | P: 1800 295 295 | E: [email protected].
General
These terms and conditions form part of the contract (“Sale Agreement”) between Joska Pty Ltd (ABN: 17 601 446 280) trading as AWL Canopies (in this Agreement, “we” or “us”) and the Customer (in this Agreement, “you”) that is formed when you sign a form issued by us that describes services that we will perform (“Quote Authorisation”) or when we agree to sell products to you.
You acknowledge these terms and conditions, and the Quote Authorisation embodies the whole Agreement between you and us. By offering to buy products and services from us and by signing a Quote Authorisation, you agree to be bound by this Agreement. You agree that the scope and terms of the Quote Authorisation (including prices and quotes) may change because of your updated instructions.
A reference to “products” in this Sale Agreement includes all parts or products fitted as part of services we provide to you unless the context requires otherwise.
Pricing
All our prices and quotes include GST unless stated otherwise.
All AWL Canopies Quotes remain valid for thirty (30) days unless otherwise approved in writing. The scope and pricing of the Quote Authorisation may change because of your updated instructions.
Agreement
A quote or price is only binding on us once the Quote Authorisation has been signed, verbally agreed upon over the phone, or via email. We will accept these additional authorisation methods to fall under the same code of practice as a signed document.
Per the Quote Authorisation, the onus is on you to ensure that all quote details are correct. We accept no responsibility for errors made in the Quote after a Quote Authorisation has been received.
Deposit
Any Sale Agreement order is subject to full payment of the 40% deposit to us. The Deposit payment will be 40% of the total purchase price. Failure to pay the full Deposit within five (5) business days will result in the order not being processed or progressed and Late Payment Fees will apply. Should the Deposit remaining outstanding for a further 10 Business Days, we reserve the right to cancel the order with notice provided via email or verbally over the phone. Cancellation is at the sole discretion of AWL Canopies.
If you change your mind after submitting the Deposit, please refer to our Cooling-off Period for more information surrounding terms for the return of funds.
We have a no-refund policy on any Special Orders. Special Orders may include, but are not limited to, non-standard AWL Canopies specifications and custom interior and exterior fit-outs.
Cooling Off Period
You have five (5) business days (excluding weekends and public holidays) after you sign a Quote Authorisation to change your mind. This is the Cooling-off Period. However, if you accept your AWL Canopies Product delivery during this five (5) day period, you will automatically lose your right to Cool-off.
If you change your mind and terminate the Quote Authorisation, you must do so in writing within the Cooling-off Period.
The Cooling-off Period will start the day you sign your Quote Authorisation document. If a job is Cancelled after the five (5) day cooling off period, the Deposit becomes partially non-refundable for a further fourteen (14) business days (called the fourteen (14) day partial refund period). We will deduct a 30% handling fee from the paid deposit with the remaining balance eligible for refund to you.
In the even, the Quote Authorisation is cancelled after the fourteen (14) day partial refund period, the Deposit is non-refundable.
Payment
You can only pay the Deposit, and all other payable amounts for any AWL Canopies Product by direct bank transfer, allowed credit card and other payment methods agreed by us.
You agreed to pay us in full for all services rendered and products supplied before removing your vehicle and the products (as applicable) from our premises (including dispatch and pick-up) unless otherwise agreed. You agree that payment of all amounts for work as set out in the Quote Authorisation becomes due upon completion of the relevant work and must be paid by close of business on the day of completion unless we have agreed otherwise.
To the extent allowed by Law if you:
• become bankrupt.
• have an administrator, controller, liquidator, receiver or receiver and manager appointed (“external administrator”).
• any steps are taken, or proceedings commenced to make you bankrupt or have an external administrator appointed.
This Agreement will terminate immediately, and any outstanding monies will become due and payable immediately.
Late Payment Fee: If you are late in making any payment per your Invoice terms, you will incur a $25 per week Late Payment Fee. This fee is to cover the cost of the additional administration required to follow up on the late payment. The Late Payment Fee will continue to be incurred weekly until the invoice is paid in full.
Credit Card Fee
Our credit card payments are handled securely using the Commonwealth Bank of Australia ‘CBA’, our preferred payment partner. We do not collect any banking or credit card information. Please refer to the CBA’s Privacy Policy for more details.
Payments via credit card will incur the following fees:
· 1.3% for Australian-issued Visa/ MasterCard credit cards.
We do not accept payment via AMEX or Diners.
Delivery Fees
All delivery fees are excluded from the purchase price and are payable in full upon settlement of the total purchase price before delivery is made.
When delivery is purchased from us by the Customer, we will make every reasonable effort to deliver the AWL Canopies product as specified in the Quote Authorisation to the address and on or within the time given in the Quote Authorisation. Where we delay delivery by more than ninety (90) business days, you may terminate this Agreement by notifying us in writing unless you cause the delay. Termination due to delays incurred by us, are subject to incurred delays not being the result of an outside provider, distribution or delivery company or custom works ordered by the client where an outside provider is required for complete the customisation or fit-out.
We reserve the right not to deliver to areas difficult to access or other locations at our reasonable discretion.
We shall use our best endeavours to provide a completed product by the estimated delivery date or specified time frame but shall not be liable to you for any damage or loss arising directly or indirectly from any such delay or failure of delivery.
Customers from regional locations can coordinate delivery using a third party. For more information on third-party delivery options, direct enquiries to [email protected].
You must take delivery of the AWL Canopies product within two (2) business days of being notified by us that the product is ready for delivery. If you fail to take delivery within this time, we may terminate the Quote Authorisation / Sale agreement by notice in writing.
Provision of Vehicle to AWL Canopies
You agree that once the Quote Authorisation has been signed, you are responsible for delivering the vehicle to the AWL Canopies factory at 13 Hovey Road, Yatala, for the Scheduled Delivery Date.
If the vehicle is delayed, you agree that our installation and subsequent delivery to you may be delayed. If a vehicle is delayed by more than ninety (90) business days from the date of Quote Authorisation, additional charges may apply from us to you. Charges will be in line with any new supply chain increases, CPI updates or changes to costs incurred by us because of the installation. We guarantee that any addition to the Sale Agreement amount will not be more than 10% of the approved Quote Authorisation or any subsequent variations. Any increase from us will be advised in writing to you within five (5) business days of the rise being required.
Whilst all care is taken, we hold no responsibility for vehicles and customer property. Further, no responsibility is accepted for removing or storing style side (tubs) or trays. Please refer ‘Storage and Disposal of Uncollected Vehicles or Products’ section within these terms for further information on storage or dump fees that may apply.
Performance and Services
We agree to perform the installation and services described in the Quote Authorisation (or as amended because of your updated instructions).
Should additional work be necessary during the installation, which would cause the Sale Agreement amount and included Scope of Works to be exceeded, we will endeavour to contact you to explain the additional work required and seek your authorisation for the supplementary costs to be incurred before proceeding.
All production time frames provided are estimates only. We do not guarantee product availability within any specified timeframes.
Variations or Changes to Specification
If you instruct us in writing or we consider any instruction from you, verbal or written to be an instruction to perform a variation, then we will perform the variation but only after you have agreed on the price in writing within three (3) business days of receipt by us of the instruction. The agreed price of the variation will be added to or deducted from the agreed Quote Authorised price. Reasonable time extensions or time reductions shall be granted to us for variations to the works.
All variations or changes to the specification are payable before the variation is commenced.
Returns & Warranty
Our warranty and return policies do not affect your rights under Australian Consumer Law. Our policy is in addition to your rights under the Australian Consumer Law and can be found here.
Link to policy: www.awlc.com.au/history/warranty/
We will not be liable for your freight or other costs in returning products unless otherwise agreed or where you are entitled to such costs under the Australian Consumer Law.
AWL Canopies will only accept the return of accessories with our written approval. For all approved returned goods, a thirty percent (30%) restocking and handling fee (on the cost of the job as outlined in the Quote Authorisation) is applicable on approved returns. You are responsible for returning goods to 13 Hovey Rd, Yatala, at your own expense. Any freight costs required for the replacement of accessories will be your responsibility.
Title
Property in, and ownership of, the product (including as part of services rendered) does not pass from us to you until you have paid for the product or services in full.
Where we have indicated that we will accept payment by cash or other negotiable instruments, the title will pass to you upon all relevant funds being cleared.
Products supplied by us will be at your sole risk immediately upon delivery to you or into a third parties custody on your behalf (whichever occurs sooner).
Lien
The Customer acknowledges that we have Lien (under general Law or equity) over all products in our possession belonging to you, including your vehicle and all goods in order attached to your vehicle (“Lien”), to secure payment of any or all amounts outstanding from time to time.
You agree that we may, at our discretion, exercise the Lien in respect of any due and unpaid amounts outstanding, retain your vehicle and any goods in your vehicle, and serve notice on you requiring immediate payment of the outstanding charges.
Storage & Disposal of Uncollected Vehicles or Products
If we exercise a lien over the vehicle or you do not collect it within two (2) days from when it is ready for collection, a vehicle/product storage fee of $25.00 per day will apply.
In the event of a style side (tubs) or trays not being collected within two (2) days from when the advised collection is due, a dump fee of $150.00 per tub or tray will be payable for the removal and disposal of the product.
Abandonment
In the event outstanding monies have not been paid within three calendar months of us providing notice to you. If we do not hear from you after making reasonable attempts to contact you, we may sell your vehicle and all goods in or attached to your vehicle per any applicable legislation relating to the disposal of uncollected goods and vehicles.
If we sell your vehicle or goods, we will apply the proceeds in the first instance to the satisfaction of your outstanding amounts and the cost of exercising the right of sale.
Limitation of Liability
We will not be liable to you or any third party in respect of any claim for injury, death, loss or damage to any person or property caused or arising out of the use of products sold by us or out of any services performed by us, except to the extent that liability is imposed upon us or implied into a transaction by this Agreement or by any statutory provisions that this Agreement cannot exclude.
The Customer agrees to indemnify us against any liability, loss, claim, or expense arising from your breach of the Quote Authorisation or from its use of the Goods, including, without limitation, any damages resulting from negligence, mistake, omission, or failure of performance, whether or not resulting from any act of us or our agents.
We have no authority to accept any goods for safe custody from you. We will not be liable in any case for loss of, or damage to, any articles alleged to have been left with us by you or suspected to have been left in your vehicle; however, such loss or damage was caused.
Dispute Resolution
Suppose a dispute arises from or relating to the Sale Agreement (a Dispute). In that case, either party may notify the other party of the nature and particulars of the Dispute, and the parties must, within seven (7) days of the delivery of the such notice, commence discussions to attempt to resolve the Dispute in good faith, without the necessity of resorting to any formal proceedings.
Suppose the Dispute is not resolved within the next ten (10) days. In that case, either party may refer the Dispute to mediation per, and subject to, the Australian Commercial Disputes Centre (ACDC) mediation rules. The parties agree that they must equally bear mediation costs under this clause.
If neither party refers the Dispute to mediation within twenty-four (24) days of delivery of the initial notice, either party may commence court proceedings in respect of the Dispute.
Intellectual Property
The Customer acknowledges that no rights to any Intellectual Property of the Goods (including, without limitation, patent, trademark, design, copyright, or plant breeder’s rights) are transferred to you.
The Customer must notify us immediately if your use of the Goods results in an actual or alleged infringement of a third party’s Intellectual Property rights:
The Customer is solely responsible for any infringement of the Intellectual Property rights of any third party resulting from your use of the Goods. You must indemnify us for any costs, expenses, damages, or liability arising from such infringement.
Authority Concerning the Vehicle
You authorise us to do every act, matter and think that we consider desirable or necessary for us to provide you with the products or services set out in the Quote Authorisation in respect of your vehicle, including (but not limited to):
1) Entering the vehicle; and
2) Test driving your vehicle (including driving your vehicle to another location outside the premises (if required).
CCTV
You acknowledge that this business has installed CCTV cameras at various locations in and around the business premises. You agree to be video recorded as you enter, do business, and leave our business premises. This includes video footage of your vehicle, yourself, and any passengers. Video footage may be used to assess the vehicle’s condition upon presentation to this business.
Video Footage & Recordings
You understand that collecting recordings, video footage or filming without our express consent is not permitted and may constitute a breach of the Privacy Act 1988 (Cth) and the National Privacy Principles.
Photo Release
You hereby authorise us to publish photographs taken of the purchased vehicle or product for use in AWL Canopies publicity (collectively referred to as the “Image”).
We may use the Image for any purpose in perpetuity, throughout the world, in any and all media now known or developed in the future, throughout the world, in perpetuity, royalty-free, including but not limited to the following:
a) advertising in print (TV, newspaper, magazines, newsletters and brochures);
b) online marketing and advertising;
c) video-based marketing;
d) brand competitions; and
e) staff training.
AWL Canopies, its successors and assigns shall own all rights, titles and interests, including copyright, in and to the Image, to be used and disposed of without limitation as AWL Canopies shall in its sole discretion determine.
We may do any or all of the foregoing without any payment to you. You hereby release and indemnify us, our contractors, employees and any third parties involved in the creation or publication of marketing materials from any:
1. infringement of moral rights legislation;
2. breach of privacy as a result of the publication of the Image;
3. breach of confidentiality associated with the Image; and
4. Liability for any claims by me or any third party in connection with the Image.
Privacy
We will comply with all applicable privacy legislation, including the Privacy Act 1988 (Cth).
Unless you indicate otherwise, you hear by consent to us using your personal information for the following purposes:
(a) Our internal marketing activities, including direct marketing, database compilation, analysis of demographics and the processing or creation of other marketing information;
(b) Customer service and individual follow-up calls, letters or emails enquiring as to your satisfaction with our products and services;
(c) Advise you of information that may be relevant to you, including making you aware of offers that we feel may interest you.
If at any time, you wish to withdraw your consent to any of the above purposes, would like to access your personal information or have any other privacy concerns, please get in touch with AWL Canopies via [email protected] or call 1800 295 295.
Matters Outside Our Reasonable Control
We will not be liable for any delay in performing or any failure to carry out installation or repairs to your canopy or vehicle to the extent that such delay or failure results from events or circumstances outside our reasonable control. You understand that when installing a canopy on or repairing your vehicle, the power supply in your vehicle may be temporarily interrupted. This may cause your audio system to lock and require an unlock code. We will take reasonable steps to prevent this from happening however it is usually outside our control. Your vehicle’s manufacturer supplies the unlock code for your audio system, and any cost incurred in opening your audio system will be your sole responsibility.
Some or all your stored data may be lost during repairs or fitment. While your vehicle is in our custody, there is always a possibility of damage or loss due to theft, fire, explosion, vandalism, and flying or falling objects. Loss or damage could also occur because of natural disasters like windstorms, hurricanes, tornadoes, earthquakes, hail, and floods. Other losses or damage outside our reasonable control include damage to a vehicle caused by a collision or damage from birds or an animal or if your vehicle is damaged because of civil unrest or riot. Whilst we will take all necessary steps to prevent loss or damage, some things are outside our reasonable control, and we will not be held liable for any loss or damage to your vehicle or property because of these events.
We recommend comprehensive motor vehicle insurance for your vehicle to cover these events. Vehicles under finance usually have comprehensive insurance as a requirement of the loan agreement. The leasing or finance company will want to ensure your vehicle is fully insured when you still owe money on your vehicle. If your vehicle has any value, it is beneficial to hold comprehensive vehicle insurance.
It is important to remember that Compulsory Third Party or CTP insurance, payable with your registration, only covers third-party personal insurance, not third-party property, or comprehensive insurance on your vehicle.
Jurisdiction
The proper Law of the Agreement between you and us is the Law of the State of Queensland, and the parties agree to submit to the exclusive jurisdiction of the courts of that State.
Terms are subject to change without notice.
