Terms and Conditions
1. Definitions and interpretation
1.1 "Binq" means Binq Pty Ltd ABN 26 527 991 799 and its subsidiaries.
1.2 "Business Day" means a day that is not a Saturday, Sunday, or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made.
1.3 "Customer" means the person whom the quotation is addressed to and/or any persons who accept it.
1.4 "Contract" means the contract for the sale and supply of the goods and services specified in the order and subject to these terms and conditions of sale.
1.5 "Goods" means the goods subject of the quotation
1.6 "Order" means the acceptance of the quotation in whole, or in part, by the customer.
1.7 "Person" means the person or any included companies of that person.
1.8 "Quotation/Quote" means the document issued by Binq outlining its estimate of the cost for the provision of specified goods and services
1.9 "Services" means the services, if any, to be supplied, with the goods and the subject of the quotation
1.10 Headings are for convenience only and go not form as part of these terms and conditions
2. Placing an Order
2.1 Any persons who accept the quotation warrants he is the duly authorised agent of the customer for the purpose of placing the order. An order is deemed to have been accepted by the customer upon the payment of a deposit not less that 50% of the value of the order. By accepting the order, the customer is deemed to have read, acknowledge and understood Binq's terms and conditions of sale.
3. Terms of payment
3.1 Payment is subject to any terms agreed between Binq and the customer in writing. In the absence of such a writting agreement, but subject to any restrictions imposed by legislation, the customer must make payment in fullprior to the time of dispatch of goods.
3.2 The customer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless agreed by Binq in writing.
3.3 If at any time monies are overdue, then at the option of Binq, but subject always to any restrictions imposed by legislation, the whole account balance shall become immediately due and owing by the customer.
4.1 Except for sub-clause 4.2, the prices on the quotation shall remain valid for 30 days. Binq reservces the right to vary the prices after a lapse of 30 days, to the extent permitted by law.
4.2 Quotations given for site glazing will remain valid for a period of 3 months from the date of completed manufacturing of the goods. Binq reserves the right to vary the price if there is any variation in specification after the order is placed, to the extent permitted by law.
5.1 Property in the Goods supplied by binq to the Customer will not pass to the Customer until the money owing for those Goods and any other money owing by the Customer to binq has been paid. The Customer in the meantime takes custody of the Goods as the fiduciary agent and bailee of binq.
5.2 Where the Customer does not make payment in respect of specific Goods, payment must be treated as having been made first in respect of Goods which have passed out of the possession of the Customer, and then in respect of whatever Goods still in the possession of the Customer binq
5.3 Until the Goods have been paid for in full the Customer must store the Goods in such a manner as to show clearly that they are the property of binq;
5.4 The Customer irrevocably authorises binq at any time, to enter any premises:
(a) upon which the Goods are stored to enable binq to:
(i) inspect the Goods; and/or
(ii) if the Customer has breached these terms and conditions, reclaim possession of the Goods.
(b) upon which the Customer’s records pertaining to the Goods are held to inspect and copy such records.
5.5 The provisions of this clause apply notwithstanding any arrangement between the parties under which binq or a related body corporate grants the Customer credit
6. Cancellation and Default
6.1 The Contract may be cancelled/varied by the Customer only with the written consent of binq. To the extent permitted by law, binq may require as a condition of its consent that the Customer pay reasonable charges for such cancellation/variation.
6.2 binq shall be entitled to suspend delivery of the Goods or any part thereof and/or terminate the Contract if the Customer either fails to perform or observe any condition of the Contract including the terms of payment and/or delivery arrangements or if the Customer is made bankrupt, has a liquidator, receiver or official manager appointed for all or any part of his assets, or has a winding up order made against him or enters into any
contract with creditors or voluntary insolvency administration. Such suspension and/or termination shall be without prejudice to and shall not affect any rights of binq against the Customer prior thereto.
6.3 Upon termination of the Contract by binq the security deposit (if any) shall be forfeited to binq and binq may either sue the Customer for breach of Contract or resell the Goods and any deficiency arising on such resale and all expenses of and incidental to such resale or attempted resale and the Customer’s default shall be recoverable by binq from the Customer as liquidated damages. binq may retain any monies paid by the Customer on
account of the Contract other than the security deposit forfeited, as security for any damages awarded to binq for the Customer’s default.
7. Ten Year Warranty
7.1 Subject to conditions below, we guarantee Goods of our manufacture to be free of defects that would render them unserviceable for the use for which it is intended and to be of good quality and workmanship for ten (10) years from date of delivery by binq to the Customer.
7.2 Under this Guarantee binq agrees to repair or replace, at its option, unfinished and in the form as originally supplied and without charge, any goods found to be defective within the meaning of this guarantee, provided that;
(a) Goods are inspected on receipt for visible defects and any such defects are brought to the attention of binq by notice in writing notifying the date and place of service within seven (7) days of such defects being detected, and in any event, within ten (10) years from the date of binq’s shipment.
(b) Goods are to be accorded reasonable treatment by the Customer and, if stored prior to installation, are to be stored flat in dry buildings and not hung in damp or freshly plastered areas.
(c) Immediately after fitting and prior to hanging (doors), the entire goods, including the top and bottom edges of doors and window sashes, receive two (2) coats of paint, varnish or sealer to prevent undue changes to the moisture content within the goods.
(d) Exterior doors and windows are finished with light reflective, exterior finish colours.
(e) Through out the warranty period goods are maintained so as to prevent deterioration from normal weather conditions.
(f) All solid construction doors are hung with a minimum of three (3) 100mm hinges.
(g) The utility or structural strength is not impaired in the fitting of the goods, the application of the hardware or cutting and or altering the goods.
(h) The moisture content of the timber does not fall below 12% or exceeds 18%.
7.3 Goods will NOT be found to be defective within the meaning of this Guarantee if;
(a) Goods become defective through failure to follow these recommendations or for hazards of shipment or storage, after the Goods leave control of binq.
(b) There is a natural variation in the colour and texture of the timber.
(c) There is a twist or bow not exceeding 5mm on doors or window sashes up to 2134 x 914 x 35mm or 6mm for doors or window sashes up to 2438 x 1219 x 35mm. Doors or window sashes exceeding 2438 in height or 1219 in width are not guaranteed against twist or bow.
(d) There is shrinkage or splitting of frame members or panels in solid joinery due to atmospheric conditions.
7.4 binq is not liable hereunder to reimburse any purchaser for Goods repaired or replaced without the prior written consent of binq.
7.5 This guarantee is subject to the terms and conditions specified above and binq shall be under no further liability to the customer with respect to defective goods except to the extent that any additional liability attached to binq by virtue of any binding State, Territory or Federal law or regulation relating to the sale of goods. All conditions and warranties implied into contracts for the sale of goods and supply of services are hereby expressly
excluded PROVIDED THAT nothing covered in this is extended or shall be taken to exclude, restrict or modify those conditions and modified in the guarantee.
7.6 All claims shall be in writing and shall be forwarded by certified mail to: binq PTY LTD at 2-4 Ashley Park Drive, Chelsea Heights, Victoria,
3169. A.C.N 133 963 461