TERMS AND CONDITIONS   

Thermal Homes Pty Ltd trade as Windows for Life ® hereafter referred to as Windows for Life.

• CONDITIONS
• These conditions shall apply to all orders placed with Windows for Life by the customer.
• These conditions shall not be amended except in writing signed by each of the parties.
• TERMS OF PAYMENT

• Order Date:  The Customer will pay 40% deposit at the time of placing the order. Day of the order is the day when funds are cleared. 
• Method of Payments: Cash, check, Electronic Funds Transfer, VISA and Master Card. Please note that payments made by credit cards are subject to surcharge of 2%.
• Due Date:  60% order balance payment will be required 4 days prior delivery date, or in the case of a Customer with an approved credit account within (30) days of the end of the month of the date of the invoice.
• Extra Charge:  Any amount remaining unpaid after the due date will be subject to an extra charge of two per cent (2%) for each month or part thereof that the balance remains outstanding.
• Interest under the Supreme Court Act (Vic):  Each invoice issued by Windows for Life to the Customer shall constitute a written demand for payment to be made of the total amount claimed in the invoice on the date stated therein for payment for the purpose of Section 58 (1) of the Supreme Court Act (Vic).
• Stop Supply:  Where the Customers account or any part thereof is in arrears for 45 days or more no orders from Windows for Life will be supplied until the Customers account has been paid in accordance with these Terms.
• List Price:  The price payable for the goods shall be Windows for Life’s list price as set out from time to time by Windows for Life.  The list price may be subject to change without notice from Windows for Life. Any price rise on material during long term ongoing contract (generally more than 8 weeks) will be passed in to clients account as a price variation.   
• Plus Tax:  The list price is net of all delivery charges and taxes both State and Federal (where they apply) all of the charges and taxes including GST shall be extra charges to the Customers account.
• Plus Freight:  Unless otherwise agreed in writing all transportation costs are to be paid by the customer in addition to the list price. Such costs may be added to the Customers invoice as a separate item.
• Installation and windows replacement: Windows for Life will provide Customer with installation guide. Customer can arrange our service team to provide on site training, subject to service call charge. Windows for Life installation service prices are subject to site survey and could be different to preliminary quote provided prior to site inspection. Invoice on installation must be paid by Customer to Windows for Life on the day of completion of installation. Rubbish removal is Customers responsibility.
• Site Glazing: Windows for Life will commence site glazing if required with in 2 weeks from delivery date and advise customer or customer’s representative of the date. In the event where additional time is required for installation of the goods customer must advise our office not later than 5 days prior to booking date. Customer may be liable for cost if site is not ready for glazing and requires additional attendance by Windows for Life.     
• Quotations: Windows for Life can only guarantee price for the period of 30 days from a date of the quote. However all quotations are subject to confirmation by Windows for Life on receipt of order.
• Drawings: All drawings/windows schedules are as viewed from inside, all sizes are frame sizes only. Stud opening sizes are 50 mm greater. Window drawings are property of Windows for Life. 
• Product standard inclusions:  Windows for Life products will be supplied with standard components unless otherwise agreed:
• Handles and hinges colour – Silver;
• Handles – Plain non lockable;
• Timber Reveals – 135 mm primed (must be protected from weather);
• Frame protection film (must be removed with in 45 days from delivery);
• All doors with the locks – keyed alike;

                             Please note that Aluminium Low threshold for doors, lockable handles, flyscreens and fly doors, architraves        are optional. Check your order details with attention!

• Production lead time: Lead time quoted by Windows for Life is an estimate and depending on work carried by our factory at the time of the order.
• Product protection:  It is customer’s responsibility to protect products from damage during construction.
• Delivery:  Windows for Life shall deliver the goods specified in each order to the delivery location on any day Monday to Friday which is not a public holiday.  Times of delivery are to be treated as estimates only not involving Windows for Life in any liability for failure to deliver within such times.  Without limiting the generality of the foregoing, the time for the delivery shall be extended by a reasonable period if delay in delivery is caused by instructions or lack of instructions from the Customer or for any cause whatsoever beyond Windows for Life’s reasonable control.  Windows for Life shall not be obliged to deliver any goods to the Customer at any time when the customer is in default of the credit account or is otherwise in breach of the Terms and Conditions.  Where delivery of an order is to be made by instalments, each delivery shall be deemed to be a separate contract and any failure or delay whatsoever by Windows for Life in respect of any delivery shall not entitle the Customer to repudiate the other or any instalments remaining to be delivered there under. Delivery is paid by Windows for Life only with in Melbourne Metropolitan area. Delivery costs may be added to the Customers invoice as a separate item. Customer must provide clear access to the site and have at least two people to help unload goods from the truck. Windows for Life can only deliver the goods to Ground floor area of the building (upon OHS for construction site).
• Warranty: Windows for Life products are manufactured according to standards AS 2047; AS 1288 and AS 4055. It is Customers responsibility to provide clear specification on glazing requirements, location within the building or structure where product will be installed. Customer must check the goods on delivery and notify Windows for Life about any defects with in 24 hours, after that Windows for Life may not accept responsibility. Windows for Life guarantee and labour cost are limited to travel 100 km’s from a factory address. Distance beyond 100 km’s will be subject to charge of travel and out of pocket expenses for each person and each event. Windows for Life use its best endeavour to see that all products are supplied in good condition.
• Product storage: If customer delays delivery more than 2 weeks Windows for Life have a right to invoice Customer for storage. Storage charges are calculated as $200 Dollars per week for every whole week in excess of 2 weeks that Goods are overdue. 
• Service calls: Any service calls where customer requested site inspection, removal, repair, replacement of goods or adjustment of the hardware will be subject to service call surcharge. Customer will be liable to pay Windows for Life for all service costs and materials.

• POSSESSION AND TITLE OF GOODS

Notwithstanding any other provision of this Agreement, until the Customer has paid Windows for Life all amounts owing from time to time by the Customer to Windows for Life on any account whatsoever, all of the goods supplied by Windows for Life to the Customer remain the property of Windows for Life and the following provisions apply with respect to those goods:

• The legal and equitable title of the goods remains vested with Windows for Life.
• The Customer shall not remove, deface, obliterate or alter Windows for Life’s label, logo or insignia on the goods.
• The Customer shall at all times ensure that the goods are stored so as to be identifiable as the property of Windows for Life.
• The Customer shall permit Windows for Life to enter upon its premises and seize and retake possession of the goods in the events provided for in conditions hereof:

3.4.1.      The Customer may on-sell the goods provided that:
3.4.2       The goods are sold in the ordinary course of the Customers business:
3.4.3       The Customer sells as undisclosed agent of Windows for Life.               
3.4.4       The Customer keeps records of goods owned by Windows for Life and on-sale by the Customer: and
3.4.5       The proceeds of sale of goods owned by Windows for Life are paid into an account maintained by the Customer in such manner as to be identifiable as such proceeds and held on behalf of Windows for Life for payment of all monies owing from time to time to Windows for Life by the Customer.  Nothing herein shall relieve the customer of the obligation to pay for the goods by the due date in accordance with the Terms of Payment provided in clause 2 hereof.
4.      PASSING OF RISK
4.1          Risk in each order shall pass to the Customer upon delivery of the ordered goods to the Customer at the designated point of pick-up (which, unless otherwise agreed in writing, shall be Windows for Life’s store) or collection of the goods by the Customer or the Customers agent or courier as the case may be.
4.2          Where the Customer is arranging for and effecting payment of transportation of goods, Windows for Life shall only be responsible for insuring the goods to the point of pick-up.  From the point of pick-up the Customer shall be responsible for and ensure that appropriate freight and goods insurance is affected.

• CANCELLATION
• The Customer shall not cancel any order after of placing the order with Windows for Life.
• Acceptance of any cancellation after placement of order will be at Windows for Life’s sole discretion.
• In the event of the Customers cancelling delivery after placement of order of the whole or any part of goods orders, or disrupting suspending or deferring delivery of the whole or any part of the goods orders, the customer shall be liable to pay to Windows for Life the full purchase price of the goods ordered in accordance with the Terms of Payment herein.
• RETURN OF GOODS
• Acceptance:  The return of goods will not be accepted without prior approval by Windows for Life.  Method of transport is to be determined by Windows for Life.
• Credits:  Returns and acceptance of goods by Windows for Life will not necessarily entitle the Customer to a credit for same or remove responsibility for payment to Windows for Life in full.  A credit will only be considered after a claim has been submitted in writing supported with all details relating to any claimed defect in the goods and the reasons for their return.  Especially ordered/manufactured items will not be accepted for credit.
• Risk:  The risk in any returned goods will remain with the Customer until they have been accepted by Windows for Life and received into Windows for Life’s warehouse.
• Freight:  Windows for Life will not accept responsibility for payment of any carrier other than that nominated at the time of shipment.  For goods returned for credit because the Customer has ordered in error, the return costs shall be pre-paid by the customer.
• Restocking charges:  A restocking charge of 10% of invoice value may be made to cover handling costs by discretion of Windows for Life.
• TERMINATION
• If the Customer commits any breach of the Terms and Conditions of any order or the credit account or suffers distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with creditors or goes or is put into liquidation (other than solely for amalgamation or reconstruction) or if a receiver is appointed or which may accrue to it:

7.11   terminate the Customers order or orders (if more than one) summarily by notice in writing.

• Enter upon the Customers premises and seize, take possession of and remove the Windows for Life goods there.
• Be entitled to return of goods.
• INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the goods supplied and any drawings blueprints or specifications relating to the goods shall remain the property of Windows for Life.

• LIABILITY
• No Liability: Windows for Life shall not be liable for any loss or damage suffered or occasioned by the Customer whether the same be direct or consequential caused by or attributable to the failure or malfunctioning of any of the goods supplied/manufactured by it whether or not such goods are under warranty at the particular time.
• Trade Practices and Fair Trading:  Where any provision herein or hereof purports to exclude, restrict or modify a provision of the Trade Practices Act (Commonwealth) or the Fair Trading Act (Vic), or both of them which by reason of any such Act cannot be excluded restricted or modified such provision or part thereof shall be deemed to be deleted here from and any contract arising herein shall continue in full as though such provision or part thereof had never been incorporated herein.

• NOTICES
• Method of Giving Notices:  A notice required or permitted to be given by one party to another under these Terms and Conditions must be in writing and is treated as being duly given if it is:
• Left at that other party’s address.
• Sent by pre-paid mail to that other party’s address.
• Transmitted by facsimile to that other party’s address.
•  Time of Receipt:  A notice given by a party in accordance with Clause 10.1 is treated as having duly given and received.
• when delivered (if left at that party’s address);
• on the third business day of transmission (if given by facsimile and sent to the facsimile receiver number of that party and no information having been received that the notice had not been received, whether that information comes from that party or from the operation of facsimile machinery or otherwise).
• Address of Parties:  For the purpose of this Condition 10, the address of a party is the address of the Customer set out on its order to Windows for Life or such other address which the Customer may from time to time give notice in writing to Windows for Life.
• GENERAL
• Waiver:  The failure, delay, relaxation or indulgence on the part of Windows for Life in exercising any of its powers or rights under these Terms and Conditions does not operate as a waiver of that power or right nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these Terms and Conditions.
• Severance: If any provision of the Terms and Conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
• Governing Law and Jurisdiction:  Any contract arising between the Customer and Windows for Life under or pursuant to these Terms and Conditions is governed by, and is to be construed in accordance with the Law of Victoria and the parties submit to the non-exclusive jurisdiction of the Courts of Victoria and any Court hearing appeals from those Courts.

(The following page must be completed and signed by all applicants, partners and directors).
WINDOWS FOR LIFE A.B.N.  20 171 904 190 here on after referred to as the Company.

I/We agree that in consideration of the Company providing goods on credit, we agree to be bound by the Terms and Conditions of Sale attached.

                I/We confirm and agree as follows:

• I/We have read and understand the Terms and Conditions of Sale and agree that, subject to the Company’s acceptance of this application those conditions will apply and will prevail over all other terms and conditions of the customer’s order to the extent of any inconsistency.  I/We agree that the Company reserves the right to accept or reject this application in its absolute discretion.
• The information provided in this application is true and correct in every particular and I/We acknowledge that the Company will be relying upon the information to determine whether or not to grant this application for credit.
• I/We authorize the Company to make enquiries including obtaining a credit report concerning my/our credit worthiness or as to the accuracy of the information provided in this application and consent to any credit report concerning me/us being made available to the Company for the purpose of assessing this application.  I/We authorize the Company to exchange or disclose any information concerning my/our credit worthiness or this application form or to any person or source and acknowledge that all or some of the information may be disclosed to a credit reporting agency within the meaning to the Privacy Act 1988 as amended.
• The Company may make additional periodic checks that it sees fit to continue assessment.
• The Company’s terms of payment are strictly 30 days from end of month.
• The Terms and Conditions provided that interest may be charged by the Company on amounts which exceed 30 day credit limit.
• The Company will stop supply where accounts are in arrears for 45 days or more, or at its own discretion.  No order will be supplied until the account has been paid in accordance with the Terms and Conditions.
• I/We are duly authorized to sign this application and warrant that ……………………………………………………. (Trading Name) will perform its obligations pursuant to this application.

                                   Copyright © 2000-2009. Windows for Life ®. All rights reserved.