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Terms & Conditions

Terms & Conditions For Supply

Wincobee Pty Ltd T/As SOS Screens Windows & Doors | ABN 87609508152
1.  Placing an order
  • All orders for goods and/or services to be supplied by SOS Screens Windows & Doors (SOS) must be in writing. It is solely the Customer’s obligation to ensure that all goods and services set out in the quotation and/or invoice conform with any specifications and requirements issued for the structure in which the goods are to be installed prior to placing an order.
  • All variations to the order must be made in writing and must be submitted prior to manufacturing.
  • In the case where the Customer requests a variation to the original order after the manufacturing has commenced, he or she agrees to be liable for any costs associated with this change. This includes the cost of the goods that have commenced production.
  • The Customer may not cancel any order, whether in full or in part, without the written consent of SOS . The Customer must pay the SOS for any product manufactured and work completed as at the date of cancellation.
2. Quotations
  • All quotations provided by SOS are subject to these Terms and Conditions.
  • Unless otherwise noted, all quotations are valid for 30 days from the date of issue.
  • The Customer must provide any relevant specifications relating to the window rating that is appropriate as well as the height and position of the window in the building in accordance with current Australian Standards.
  • All quotations provided by SOS are strictly based on the details specified in that quotation and must be confirmed and verified by the customer.
  • SOS will not accept any responsibility for inaccuracy of any information supplied by the Customer including any schedules, plans,  drawings and supplied dimensions.
  • The commencement of all works by SOS in the quotation are subject to the availability of materials and no responsibility will be accepted by SOS for delays or inability to complete an order due to situations beyond SOS’ control.
3. Delivery
  • In the case where price includes delivery of the goods, SOS will arrange delivery in the manner nominated by SOS.
  • Any period or date for delivery nominated by SOS is intended as an estimate only and is not a contractual commitment.
  • SOS will not be liable for any loss or damage to the goods after the delivery to the Customer. If SOS is also providing installation of the goods, the liability will resume from the time of installation if there is a lapse in time between delivery and the installation service.
  • The Customer will accept delivery of the goods on the agreed date promptly and will be responsible for any attempted delivery, re-delivery or storage charges incurred by SOS in the event of mis-delivery.
  • SOS reserves the right to make a partial delivery of any order and is entitled to invoice the Customer for the goods delivered.
  • Where glass and glazing and glazed units are supplied on a supply only basis the responsibility of SOS terminates at the delivery. If SOS provides the glazing service for the order, the responsibility for glass and glazing terminates as each glass/ glazed unit is installed. Should the glazing or re-glazing be performed by someone other than SOS, SOS’ responsibility for the window performance will terminate.
  • Protection and insurance of the goods delivered will not be the responsibility of SOS after the time of delivery.
  • SOS and the Customer agree that delivery of the goods will be performed during the normal working hours, unless otherwise agreed to in writing to the site nominated on the order document.
  • The Customer agrees to notify the Supplier of any damage or discrepancy as soon as practically possible once the delivery has been made.
4. Ownership, Risk & Liability
  • The Supplier retains title to all goods supplied by the Supplier until receipt of all amounts invoiced, including interest, costs and charges that it owes to the Supplier.
  • The Customer acknowledges that the title of the goods will remain with the Supplier until the full payment for all goods, interest, costs and charges owing to the Supplier has been made and receipt of such payment has been confirmed by the Supplier.
  • The Customer must maintain the goods in good and serviceable condition, secure from risk, damage or theft and where applicable insured from such risks.
  • If the Customer re-sells the goods before title in the goods passes to the Customer in accordance with Clauses 4.2 and 4.3 herein, the Customer shall account to the Supplier for all of the proceeds of any re-sale, and prior to paying such proceeds to Supplier, Customer shall hold the same in a fiduciary capacity keeping the same separate from its other money. Unless mutually agreed in writing, Customer assigns hereby to Supplier the portion of the Customers claim against its end-customer to the extent the Products have been processed, transformed or combined with other products sold by the Customer to such end-customer. Supplier shall be entitled to recover directly from Customers end-customer any unpaid portion of the goods value owed by the Customer.
  • The Customer must not charge, mortgage, assign, transfer or otherwise deal with the goods or its right to the services other than in the ordinary course of the business by the Customer.
5. Payment Terms
  • The payment terms will be notified by the Supplier to the Customer before or upon placement of order or will be in accordance with standard payment terms as below.
  • Under no circumstances can the Customer withhold payment due to not being paid by other parties or having monies withheld or awaiting release. Standard payment terms, unless otherwise agreed in writing, are as follows:Non-Account Holders
    • Up to 50% deposit upon quote acceptance / order confirmation
    • Progress invoices as issued paid immediately, Balance payable immediately upon completion of order / job.
    • We reserve the right to charge interest on overdue invoices. Interest will accrue from the date the invoice was due to be paid and will be added to the overdue invoice as a seperate item. The amount will be calculated using the ATO Statutory Interest Rate and will be charged on a monthly basis or pro-rata.
Account Holders
    • As per agreed account terms & payment cycles
    • Unless otherwise specified or agreed in writing the full payment of invoices is required before the end of the month after invoice issue (30 days from months end).
    • We reserve the right to charge interest on overdue invoices. Interest will accrue from the date the invoice was due to be paid and will be added to the overdue invoice as a seperate item. The amount will be calculated at an annual rate of 15% and will be charged on a monthly basis or pro-rata.
Acceptable methods of payment include: Cash, Bank cheque, EFT, EFTPOS (Credit / Debit Card)
6 Indemnity
  • SOS will not be liable for, and the Customer indemnifies and keeps SOS indemnified against any claim, any loss or damage to any person or property directly or indirectly arising from the use or operation of the goods by other than SOS.
7. Product Variation
  • SOS reserves the right to supply goods of more recent design as long as the cost is no higher than the agreed price and its performance equals or exceeds the performance of goods originally specified.
8. Transfer
  • This agreement cannot be transferred or assigned to another party without the Supplier’s written consent.
 9. Waiver of Conditions
  • In any case where SOS fails to insist upon exercise of any term or condition in this agreement, the agreement will not be deemed a waiver.
  • Any breach of any term or condition in this agreement will not be deemed a waiver.

Warranty Terms & Conditions

SOS Screens Windows & Doors (or related body) is the manufacturer and warranter of this product, subject to the following terms and conditions:
 
Warranty Period
  • Commences from the date of supply or installation by SOS.
  • Twelve months for door locks, hardware & fittings.
  • Ten years for Window & Door frame and Grill.
a. Claims
 
  • Any claim must be submitted in writing to SOS within 30 days of occurring together with a copy of the tax invoice. If the product is an Amplimesh® or Supascreen® item please provide the warranty registration documentation provided from the Amplimesh website. SOS may inspect the product (during normal business hours) to determine the nature and cause of the defect.
  • If SOS determines that there is a valid claim, the cost to repair or replace the defective product with the same or similar product will be borne by SOS.
  • If SOS determines that the claim is not valid, it may recover any costs related to such warranty claim.
b. Exclusions
This warranty does not cover: 
  • Defects that occur outside the 10 year warranty period (for door and window frame, screen & mesh)
  • Defects that occur outside the 1 year warranty period (for door locks, hinges and hardware)
  • Normal wear and tear.
  • Defects resulting from installation by a person who is not an authorized SOS agent.
  • Product that has been repaired and or serviced by a person who is not an authorized SOS agent.
  • Product that has been modified or altered in any way.
  • Product that has not been maintained in accordance with the Care and Maintenance Instructions.
  • Product that has been damaged by matters covered by the owners insurance and/or outside the control of SOS such as fire, theft, abuse or an act of god.
  • Defects that result from use other than normal residential use.
c. Limitations
This warranty applies to the exclusion of any term, condition, warranty, representation or covenant of any kind in respect to the Amplimesh® or Supascreen® product (or any part thereof) including its value, quality, durability, condition, design, operation, description, merchantability, performance or fitness for use or purpose. If any condition or warranty is implied into this warranty under the Trade Practices Act 1974 or any other equivalent legislation, and cannot be excluded, the liability of SOS Screens Windows & Doors for breach of the condition or warranty will be limited to one or more of the following at the option of SOS Screens Windows & Doors.
In the case of goods:
 
    • The replacement of the goods or the supply of equivalent goods.
    • The repair of the goods.
    • The payment of the cost of replacing the goods or acquiring equivalent goods.
    • The payment of the cost of having the goods repaired.
In the case of services:
    • The supplying of the services again.
    • The payment of the cost of having the services supplied again.
d. Warranty
  • This warranty is in addition to and not in substitution for any rights of the purchaser under the Trade Practices Act and State or Territory legislation.
  • The benefits covered in the warranties are in addition to the standard rights and remedies in respect of the goods and services which the Customer is entitled to under the Consumer Guarantees covered by the Trade Practices Act and similar State and Territory laws.
  • SOS guarantees that all services will be provided with due care and skill.
  • The warranties are valid if the following conditions are complied with:
  • The product is installed and maintained with the manufacturer’s and relevant industry association’s recommendation and has not been subject to misuse, abuse or neglect.
  • Aluminium product surfaces that have been powder coated are not warranted against colour fading due to normal weather conditions, which would normally cause any coloured surface to fade or darken gradually with time.
  • If the goods are determined not to be defective by the Supplier, or any defect is attributable to circumstances outside of the Supplier’s control, in this case the warranty and obligation by the Supplier are waived. Examples of such circumstances include but are not limited to:
    • Use of goods for purposes other than the intended use.
    • The installation, repair, alteration or modification of the goods by a party other than the Supplier.
    • Misuse, abuse, neglect or accident.
    • Ordinary wear and tear.
    • Goods have not been stored, handled or maintained as prescribed.
  • Moving parts which wear out due to normal use are warranted for one year. For additional warranty refer to hardware manufacturer.
  • Claims under this warranty must be made within one month of the defect arising in the product. Copies of proof of purchase documents must be included with a written claim and forwarded to the Supplier.
  • The Supplier is under no obligation under this warranty if the Customer has failed to adhere to the payment terms for any goods or services provided by the Supplier.
  • In case where the Supplier is supplying goods manufactured by third parties, the Customer agrees that the Supplier does not accept responsibility for manufacturer’s warranty or any claim arising from the use of the goods whether on their own or in combination with other products.
  • Supplier’s liability is limited to the sum of the original invoice of the goods in concern