TERMS AND CONDITIONS OF USE
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By accepting a quote offered by Bayside Flyscreen Repairs (BFR), doing business with BFR, you acknowledge, accept and agree to the terms, conditions and disclaimers herein as amended from time to time. Effective 01.02.2022.
SECTION 1 – GETTING STARTED
1. THE CUSTOMER
The ‘customer’ shall mean the customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation, work authorisation, variation or other form as provided by BFR to the client.
2. BAYSIDE FLYSCREEN REPAIRS
‘BFR’ shall mean The Kam Do Investment Group Pty Ltd as trustee for the Kam Do Trust trading as Bayside Flyscreen Repairs (ABN 48 807 792 099) its successors, assigns, contractors or any person acting on behalf of and with the authority of BFR.
3. GOODS AND SERVICES
Goods and services shall mean goods and services supplied by BFR to the customer as are described on the invoices, quotation, work authorisation, or any other forms as provided by BFR to the customer. Instructions received by BFR from the customer shall constitute acceptance of the terms and conditions contained herein as amended from time to time and publicly published on the BFR website.
4. PAYMENT TERMS
All payments are due COD on the installation day. Where custom orders (manufacturing or parts) are required, a 50% deposit is required to commence production, with the balance payable on installation.
(a) Acceptance of Terms: By accepting a quote offered by BFR, and doing business with BFR, you acknowledge, accept and agree to the terms, conditions and disclaimers as published on our website.
(b) Valid Period: Quotes are valid for thirty (30) days unless otherwise specified on the quote.
(c) Standard Times: Quotes are based on standard times and parts unless otherwise specified, together with clean and clear site access during standard business hours. If any special requirements, urgent works or out of hours works are required, this will be advised to the customer, and the costs for same will be added to the final price.
(d) Unforeseen Works: We guarantee to act honestly, transparently and in good faith. It is of note, though, that when we quote a job, it is impractical at that point to dismantle windows and doors already installed as this is a major time and/or risk in performing the job. The quoted price is a best-case scenario offered in good faith (which is 95% of cases), based on our extensive experience. However, it may be the case that unforeseen problems arise that could include difficulty in dismantling windows and doors, breakages from old or poor installation, or rollers and fittings that are no longer available. Where it is discovered to be difficult and extra time is required, or specialist parts are needed, this will be advised to the customer, and the costs for same will be added to the final price.
(e) Changes: The customer acknowledges that they will check the quote's details thoroughly (mesh, screen, colour etc.) and once approved and put into production, it is too late to make corrections or alterations. If changes are made that differ from a quote, BFR reserves the right to addend or adjust the quoted price to reflect the changes.
6. ORDERS AND PRODUCTION
(a) Acceptance by BFR: All orders are subject to acceptance by BFR. We reserve the right to reject any order at any time without recourse.
(b) Changes: Changes to orders must be made in writing by the customer, approved and confirmed in writing by BFR before the changes become effective. Customer is responsible for any and all incurred costs in relation to the change.
(c) Cancellations: Some orders cannot be cancelled, depending on whether production or shipping commenced. Cancellation requests must be in writing and confirmed in writing by BFR prior to a cancellation becoming effective. Customer is responsible for any and all costs incurred by BFR.
(d) Orders completed over time or on hold: BFR will declare a project completed if a job is put on hold by the customer or if no response is received from a customer within 15 days. Where not a pre-paid job, an invoice for work to date will be billed, and the customer agrees to pay. If the order is cancelled, the order cancellation provisions will apply where applicable. BFR reserves the right to invoice for works to date, payable on issue, where a job is done over time.
7. COLOURS AND COLOUR MATCHING
(a) Quotes submitted will specify the colour we have quoted on.
(b) Our quotes are based on using a large range of standard aluminium colours. Black is the standard colour if not specified on the quote.
(c) Non-standard colours are at an additional cost, and special colour matching may require powder coating at an additional cost. Be sure to specify this upfront so we can provide the right information and manage your project and budget accordingly.
(d) It is the client’s responsibility to check this is the colour they need prior to accepting the quote (including any Body Corporate specifications). Once accepted and put into production, any changes are at the client’s cost.
(e) Colour variations: Over time with exposure to elements, powder coatings may show signs of weathering such as loss of gloss, chalking and discolouration. Further, colours on aluminium previously installed by other providers will vary depending on the factory they were made in (especially if imported from overseas), the process applied, curing times and different manuacturers who produce their own powder. In addition, there will be slight variations in samples, printed colour charts and the finished product, and some original colours may no longer be offered. Even if you know the colour, you may not get an exact match. Therefore the client accepts that we will produce the product based on the colour that they have approved in the quote using today’s high quality processes and understands and there may be slight variations in colour.
SECTION 2: INSTALATIONS
(a) Due Care and Diligence: Our services are provided with acceptable care, skill and technical knowledge, and at all times, we take all necessary steps to avoid loss and damage.
(b) Access: It is the customer's responsibility to ensure BFR has clear and free access to the worksite at all times to enable them to undertake the works. BFR shall not be liable for any loss or damage to the site (including without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of BFR. Such access requires the custom to ensure that all windows and doors BFR is working on will be free of furniture, decorations, window furnishings, door furnishings, blinds, pelmets or other obstructions. If obstructions slow down or prevent us from completing works, we reserve the right to charge for the time taken or to reschedule the works until it can be clear, and accept no risk whatsoever for any breakages, chips, or damages.
(c) Compliance: Body Corporate (or other governing body) compliance and/or inductions are the customer's responsibility and any special requirements must be sorted by the customer. Where extra works are required and undertaken, this will be advised to the customer and the costs for same will be added to the final price.
9. WORKING WITH GLASS
(a) Risk: As glass heats, it expands; as it cools, it contracts, and these processes set up stresses within glass. Property owners and managers should be aware that glass has the potential to explode, chip, smash or crack for a variety of reasons, including poor manufacturing and incorrect initial installation;
(b) Common Causes: The most common causes of glass issues are; (i) internal defects within the glass; (ii) minor damage during initial glazier installation such as nicked or chipped edges later developing into larger breaks normally radiating from the point of defect. These do not cause immediate breakage, however over time, as the glass expands and contracts, stress concentrations can develop around the nick, leading to breakage; (iii) binding of the glass in the frame without space for expansion at the sides and top, causing stresses to develop as the glass expands and contracts due to thermal changes or deflects due to wind; (iv) panels fitted too tightly, or knocking or putting too much pressure on corners which are the pane's weakest points; (v) thermal stresses in the glass; (vi) inadequate glass thickness; (vii) imported glass that does not meet the Australian Standards (this is increasingly being used as it is often a cheaper alternative. Exploding glass is a phenomenon of toughened glass that may break or explode without apparent reason.
(c) Limited Liability: Working with Glass carries a risk in a refurbishment, repair or reinstatement situation. We guarantee we will take all care and consideration when handling glass, however in the event that when working on the glass, it shatters or cracks, the limit of our liability in that instance is limited strictly to not charging for the work performed on that particular window, door or panel.
SECTION 3 – YOUR WARRANTIES
10. WARRANTY AGAINST DEFECTS
(a) Benefits: The benefits conferred by this warranty are in addition to all other rights and remedies that the purchaser has under a law in relation to the goods to which this warranty relates.
(b) Coverage: BFR offers a Limited Warranty covering any defects in materials or workmanship, on all new products manufactured and installed by BFR, but excludes refurbishments;
(c) Period: BFR warrants that, at its discretion, it will repair, replace or refund the purchase price of any product proven to be faulty within 12 months of installation;
(d) Conditions: All warranties offered are non-transferable except as specified herein, and only apply where the goods have been paid for in full. Please retain your invoice for proof of purchase. It is a condition of our warranty that care and maintenance advice for products published on our website has been adhered to. It is a condition of this warranty that the products found to be faulty have not been misused or wilfully damaged and shall not have been worked on or tampered with by any person not authorised by BFR to do so;
(e) Defects: These are very rare and the customer shall inspect the goods on deliver and shall within seven (7) days of delivery and installation (time being of the essence) notify BFR in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The customer shall afford BFR an opportunity to inspect the goods within a reasonable time following delivery and installation if the customer believes the goods are defective in any way. If the customer shall fail to comply with these provisions the goods shall be presumed to be free from any defect or damage. For defective goods, which BFR has agreed in writing that the customer is entitled to reject, BFR’s liability is limited to either (at BFR’s discretion) replacing the goods or repairing the goods or is the customer is a consumer at their discretion, additionally refunding the purchase price of the goods.
(f) Wilful damage excluded: Wilful damage includes any type of physical damage that has occurred to the product resulting in a fault occurring. This damage includes any caused during a break and enter, any type of physical force (intentional or otherwise) or acts considered outside the parameters of normal use of the product;
(g) Standard exclusions: This warranty does not cover normal wear and tear or loss or damage due to cleaning solvents, brick cleaning acids, pets, earthquake, accident, vandalism, impact, flying or falling debris, flooding, water damage, fire, civil disorders or acts of God or any other event beyond the control of the manufacturer. BFR expressly excludes and disclaims all warranties, expressed or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose.
(h) Manufacturer's warranty: BFR offer a pass-through warranty only, direct from the manufacturer to the end user (e.g. locks, rollers, handles, hingers, door closures, pet doors etc). These accessory products may be covered by warranties supplied by the relevant manufacturer or supplier. BFR does not warranty these items or cover labour. nor any increased costs, expenses or freight. Where any product or component not manufactured by BFR is covered by a warranty period greater than 12 months, BFR agrees to assign that warranty to the customer. We do assist customers in obtaining replacement product under the original manufacturer's warranty.
(i) Standards and tolerances: Manufacturing standards and tolerances are not deemed defects, nor are industry variations in the colour of the aluminium surface finish.
(i) The purchaser is responsible for the correct operation and regular maintenance of the products. The correction of any non-product fault or problem is not covered by this warranty; the operatoin of the product in accordance with the relevant opening instructions; regular cleaning of the product as per the care and maintenance guide; and the application of additional corrosion protection if the productis installed in a corrosive environment (for example industrial pollution, sea air).
Problems are extremely rare, however, if you do experience a problem with the manufacturing of your job, please let us know and we will respond as a priority. Please note no claims shall be entertained unless the customer notifies BFR in writing, and confirmation made by BFR in writing at that time as set out in these terms and conditions. It is the customer's responsibility to get a receipt of the claim in writing on lodgement to ensure it has been received. BFR does not guarantee the replacement of a defective product, or credit the amount of the purchase price, and any problems will be assessed in accordance with the warranties set out herein.
SECTION 4 – THE OTHER STUFF
12. ERRORS AND OMISSIONS EXCEPTED (E&OE)
To the best of our knowledge, information is correct, however BFR operate on an E&OE basis that In the event it discovers an error or omission, the quote, offer, invoice or relevant document or contract will be returned for correction. The customer shall not take advantage of any apparent error or omission in documents, and will notify BFR immediately.
13. FORCE MAJEURE
BFR shall not be liable for any failure or delay in supply or delivery of artwork, services or products where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of BFR including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, communication outages, failures attributable to hosting suppliers, breakdown of plant and equipment, theft, vandalism, riots, civil commotions, accidents or any kind or act of terrorism.
14. GOVERNING LAW
These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland. If any provisions herein shall be deemed invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. The failure of BFR to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect BFR’s right to subsequently enforce that provision.
In accordance with the Australian Goods & Services Tax laws, services in Australia will be charged GST and prices quoted will clearly indicate the GST component.
16. LATE PAYMENTS
BFR does not offer credit terms, and payment is due COD. Invoices are considered late after 7 days of issue, and a late charge of $25.00 together with interest accruing at the rate of 10% per annum, or the maximum rate allowed by law, is assessed and payable. You shall be liable for all costs related to collection of overdue invoices, including court costs and legal fees.
17. LIMITED LIABILITY
To the maximum extent permitted by law, in no event shall BFR its affiliates, agents, directors, employees, suppliers or licensors (BFR and associates) provides all services and products in good faith. BFR and associates expressly deny any implied or express guarantees, warranties, representations or conditions of any kind, which are not mentioned in quotations or production information. BFR and its associates makes no express or implied warranties and specifically disclaims any implied warranty of fitness for a particular purpose, merchantability, or application. The customer understands and agrees that BFR and its associates is not responsible for any loss, damage or costs caused whatsoever, and liability shall not exceed the amount of the charges for the work done by BFR and its associates in any circumstances. BFR and its associates will not be liable in contract or in tort (including negligence) to the customer for incidental or consequential damages, arising out of or resulting from performance or non-performance of our obligations, and shall not be held liable for any kind of indirect, punitive, incidental, special, consequential or exemplary damages; or damages for loss of profits, revenue, goodwill, use data or other intangible losses; financial losses, costs, expenses, damages and/or other economic or consequential damages. No claims shall be entertained unless the customer notifies BFR in writing within 7 days, and confirmation made by BFR in writing at that time. It is the customer's responsibility to get a receipt of the claim in writing on lodgement to ensure it has been received.
18. PRODUCT INFORMATION AND REPRESENTATION
The service and product information provided by BFR in produced in good faith and is listed on an E&OE (errors and omissions excepted basis). The information is believed to be accurate and current at the date the product information was provided. Colours shown in document and our website are to be used as a guide only. Where a problem is identified and an order placed, if an error is identified, we will contact the customer immediately with the correct details. The customer will then have the choice at that time to proceed on the basis of the new information. If not proceeding at that point in time, BFR will immediately refund the amount paid.
19. REFUND POLICY
Refer to these terms and conditions under 'Product Information' and 'Warranty Against Defects'.
Title to and ownership of the goods remain with BFR until the customer has paid for the goods/services in full. If the customer does not pay in full, the customer authorises BFR or its agent to enter upon the customer or install premises at any time and do all things necessary to repossess the goods.
The customer agrees that BFR may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which BFR publishes the updated terms and conditions on its website.
22. WEBSITE CONDITIONS
BFR does not warrant that your access to the network or the information contained in any content will remain error-free, or that the network or the server which stores and delivers the website and its contents to you will remain free of viruses or other harmful components. By accessing the website you agree that BFR is not liable as a result of any error, virus or harmful component. BFR has no control over the content of material accessible on any non-BFR sites cross-referenced. It accordingly is the responsibility of the internet user to make it their own decisions about the relevance or accuracy, currency and reliability of information found on those sites.