SCREENAWAY – TERMS AND CONDITIONS OF SALE & INSTALLATION
These Terms & Conditions (“Terms”) apply to all goods supplied and services provided by ScreenAway Pty Ltd ABN 77 631 509 316 (“ScreenAway”, “we”, “us”, “our”). By paying a deposit to ScreenAway, the customer (“Customer”, “you”) agrees to be bound by these Terms.
1. Definitions
- ACL means the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
- Contract means the agreement formed under clause 3.
- Goods means all blinds, and screens and related products supplied by ScreenAway.
- Services means measuring, consultation, delivery, installation or related services.
2.Quotations
- 2.1 Retail quotations are valid for 30 days unless otherwise stated.
- 2.2 Promotional offers are limited and are therefore offered at the time of the quotation.
- 2.3 Prices are based on the information provided by the Customer and may change if:
- Measurements are altered or incorrect;
- Specifications change;
- Site conditions differ from those disclosed;
- Supplier pricing changes prior to receipt of deposit.
- 2.4 A quotation does not create a binding agreement until a Contract is formed under clause 3.
3. Formation of Contract
- 3.1 A Contract is formed only when the required deposit is received by ScreenAway.
- 3.2 Prior to receipt of the deposit, no binding agreement exists.
- 3.3 Once the deposit is received, the Customer is bound by these Terms, subject only to the Change of Mind Policy in clause 11.
- 3.4 ScreenAway reserves the right to decline any order before receiving the deposit.
4. Pricing & Payment
- 4.1 All prices are in Australian Dollars and include GST unless otherwise stated.
- 4.2 A deposit (typically 50%) is required to secure the order.
- 4.3 The balance is payable:
- On installation; or before installation
- On acceptance of order where installation is not included.
- 4.4 ScreenAway may in its complete discretion withhold delivery or installation until full payment is received.
- 4.5 If payment is reversed, declined or subject to chargeback without valid legal grounds, the Customer remains liable for the outstanding amount and any reasonable associated costs.
- 4.6 Late payments may incur interest at 8% per annum above the RBA cash rate.
5. Variations
- 5.1 Any variation to size, material, colour or specifications must be agreed in writing.
- 5.2 Variations may result in price and timeline adjustments.
- 5.3 Custom-made Goods cannot be cancelled once manufacturing has commenced.
6. Measurements
- 6.1 Where the Customer provides measurements, the Customer is solely responsible for their accuracy.
- 6.2 ScreenAway is not responsible for incorrect sizing or fit arising from Customer-supplied measurements.
- 6.3 Where ScreenAway conducts measurements, the Customer must ensure safe and unrestricted access to the premises.
7. Delivery & Installation
- 7.1 Delivery and installation timeframes are estimates only and not guaranteed.
- 7.2 ScreenAway is not liable for delays caused by:
- Supplier shortages;
- Weather events;
- Access restrictions;
- Circumstances beyond reasonable control.
- 7.3 Risk in the Goods passes to the Customer upon delivery to site.
- 7.4 Title in the Goods remains with ScreenAway until full payment is received.
8.Customer Obligations
- The Customer must:
- Provide safe, clear and unobstructed access to installation areas;
- Remove fragile or valuable items;
- Secure pets and children;
- Ensure mounting surfaces are structurally sound and suitable;
- Disclose any known structural, electrical, plumbing or asbestos risks;
- Provide electricity access where required.
- If installation cannot proceed due to site-related issues, ScreenAway may charge a reasonable call-out fee and rescheduling costs. ScreenAway will take reasonable care during installation. Minor surface marks or damage may occur where drilling or mounting is required, and ScreenAway is not liable for such damage where reasonable care has been taken. ScreenAway is not responsible for damage caused by hidden wiring, plumbing, structural weakness or undisclosed site conditions.
9.Inspection & Defects
- 9.1 The Customer must inspect the Goods immediately upon installation.
- 9.2 Any visible defects must be reported in writing within 7 days.
- 9.3 Minor variations in colour, grain, texture or finish are not defects.
- 9.4 Nothing in this clause limits rights under the ACL.
10.Australian Consumer Law & Warranty
- 10.1 Nothing in these Terms excludes, restricts or modifies rights under the ACL.
- 10.2 If Goods fail to comply with a consumer guarantee, the Customer is entitled to remedies as provided under the ACL.
- 10.3 Manufacturer warranties apply in addition to ACL rights.
- 10.4 Warranty does not cover:
- fair wear and tear;
- misuse, neglect, improper maintenance, improper cleaning, or failure to follow care instructions;
- accidental damage or damage caused by third parties;
- exposure to extreme weather conditions or environmental factors, including but not limited to storms, wind, hail, flooding, fire, excessive moisture, salt corrosion, or other natural disasters (acts of God);
- damage caused by pets, animals, insects, vermin, or wildlife, including but not limited to scratching, chewing, tearing, fouling, or impact damage;
- unauthorised alterations, repairs, modifications, or tampering.
- 10.5 All warranty claims must be submitted in writing within a reasonable time of the defect becoming apparent and must be accompanied by proof of purchase and any information reasonably requested by the Company to assess the claim.
11.Change of Mind Policy
11.1 24-Hour Change of Mind Period
- ScreenAway offers a 24-hour change of mind period. The Customer may cancel the Contract within 24 hours of ScreenAway receiving the deposit (“Change of Mind Period”), provided that:
- Manufacturing has not commenced;
- No special-order or custom materials have been ordered; and
- ScreenAway has not incurred irreversible third-party costs.
- Cancellation must be made in writing. [email protected] If eligible, the deposit will be refunded within 7 business days.
11.2 Orders Where Costs Have Been Incurred
- ScreenAway may commence ordering materials immediately upon receipt of the deposit.
- If supplier orders have been placed, manufacturing has commenced, or irreversible third-party costs have been incurred within the Change of Mind Period, cancellation may not be possible.
- Where cancellation is approved after costs have been incurred, ScreenAway may deduct those costs from any refund.
11.3 Cancellation After the Change of Mind Period
- After the Change of Mind Period:
- Deposits are non-refundable;
- Custom-made Goods cannot be cancelled or returned for change of mind;
- ScreenAway may, at its discretion, allow cancellation subject to:
- Recovery of all costs incurred (including supplier charges and administration costs);
- Recovery of reasonable loss, including the profit component of the order, to the extent permitted by law; and
- An administration fee.
- Any approved refund will be reduced by the above amounts.
11.4 Australian Consumer Law
Nothing in this clause affects rights under the ACL.
12. Limitation of Liability
- 12.1 To the maximum extent permitted by law, ScreenAway excludes liability for indirect or consequential loss, including loss of profit, loss of opportunity or business interruption.
- 12.2 ScreenAway’s total liability arising from the Contract is limited to the total amount paid by the Customer under that Contract.
- 12.3 Nothing in these Terms excludes rights under the ACL.
13. Force Majeure
ScreenAway is not liable for failure or delay caused by events beyond its reasonable control, including natural disasters, pandemics, supplier shortages, government restrictions or labour disputes.
14. Privacy
Personal information is handled in accordance with ScreenAway’s Privacy Policy.
15. Governing Law
These Terms are governed by the laws of the State or Territory in which the Goods are supplied.
