Terms and Conditions
1.DEFINITIONS AND INTERPRETATION
1.1“BINQ” means BINQ Pty Limited ABN 26 527 991 799 ATF BINQ Unit Trust 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 to whom the Quotation is addressed and/or any person who accepts it.
1.4“Contract” means the contract for the sale of the Goods and the supply of the Services specified in the Order and subject to these terms and conditions of sale.
1.5 “Goods” means the Goods the subject of the Quotation.
1.6 “Order” means the acceptance of the Quotation in whole or in part by the Customer.
1.7“person” includes companies.
1.8“Quotation” 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.
1.10Headings are for convenience only and do not form part of these terms and conditions of sale.
1.11'Qualified Representative' means an employee of BINQ whom either works in the sales, design or installation team. This specifically excludes operation and production employees.
2.1Any person who accepts 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 either upon the payment of a deposit of that order or by instruction by the customer. By accepting the order the Customer is deemed to have read and understood BINQ’s terms and conditions of sale.
2.2Once an order is placed, it will be deemed as 'unconfirmed' until such time has the customer is ready to confirm the order.
3.TERMS OF PAYMENT
3.1Payment is subject to any terms agreed between BINQ and the Customer in writing. In the absence of such written agreement, but subject always to any restrictions imposed by legislation, the Customer must make payment in full prior to delivery and by the due date that is provided in your Order Completion email. Failure to pay by this date may incur interest charges on all outstanding monies at a rate of 10% per annum. Further charges, such as storage fees as set out below may also be applied to the order.
3.2The Customer is not entitled to defer, offset or withhold payment in whole or in part for any reason unless agreed to by BINQ in writing.
3.3If 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.
3.4Good,s whether they be in possession of BINQ or not, remain the property of BINQ until such time as they are paid in full, and BINQ may attempt to recover any delivered goods in the event they remain unpaid for a period exceeding 90 days
4.1The Customer acknowledges and accepts that any estimated delivery or supply of goods provided by BINQ is an estimate only and BINQ will not be liable for any loss suffered by the Customer as a result of any delay in the delivery of goods.
4.2BINQ may charge a $10 fee per unit per day for storage in the event the customer does not, or is unable to, accept delivery of the goods within ten (10) days of the completion date
4.3The Customer accepts that BINQ may deliver goods by installments.
4.4If the Customer requests that goods are delivered either to an unattended location, left outside, or are left outside BINQ's premises for collection, the Customer acknowledges that BINQ will deliver the Goods as requested at the Customer's risk.
4.5The Customer acknowledges and accepts that it is not relieved from any obligation arising under these terms and conditions by reason of any delay in delivery.
4.6The Customer cannot return goods to BINQ without the written agreement of BINQ.
4.7BINQ's standard lead-time for the completion of manufacturing is 15 weeks, in some cases more. You'll be notified of a firm completion date via email once your order is closer to being ready requesting any outstanding money to be paid. Once this payment has been received, you'll be contacted for delivery
4.8If your order requires site glazing, upon receiving final payment, we'll contact you to arrange the site glazing. Site glazing glass has a standard lead-time of up to 40 working days.
4.9If your order requires installation, upon receiving final payment, we'll contact you to arrange the installation. Our installation department is generally booked out up to 8 weeks in advance.
4.10In most occasions, BINQ will provide a delivery driver & jockey to deliver your goods to site. The goods will be delivered to the delivery address provided and will be unloaded at the point of delivery. The point of delivery is within 2 meters of where the delivery truck can obtain access on the delivery address
4.11In some instances, our products may be delivered in pieces, which is due to a number of factors including, but not limited to, weight capacity, security and ease of transport. In most of these instances, things such as door or window sashes may be delivered loose from the frame. If this is the case, it's the installers responsibility to couple all components together.
5.1Except for sub-clause 5.2, the prices on the Quotation shall remain current for 30 days. BINQ reserves the right to vary the prices after lapse of 30 days, to the extent permitted by law.
5.2Quotations given for site glazing will remain valid for a period of 3 months from date of completed manufacture of the Goods. BINQ reserves the right to vary the charge after the lapse of 3 months, to the extent permitted by law.
5.3The quoted price is based upon the particular specifications of the Goods current at the time of Quotation. 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
5.4Once an order has been placed and hasn't been immediately confirmed, BINQ agrees to schedule the order as an unconfirmed order and won't manufacture any goods on that order until such time as the customer confirms the order. Unless agreed in writing, BINQ agrees to honor the pricing of that order for a period of no longer than 6 months. If after 6 months, the customer is still not in a position to confirm the order, BINQ will make its best endevours to only pass on any price increases it has incurred.
6.1Property 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.
6.2Where 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 elects.
6.3Until 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;
6.4The 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.
6.5The provisions of this clause apply notwithstanding any arrangement between the parties under which BINQ or a related body corporate grants the Customer credit.
7.CANCELLATION & DEFAULT
7.1The 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 limited to 10% of the total value of the order.
7.2BINQ 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.
7.3Upon 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.
8.TEN YEAR GUARANTEE
8.1BINQ warrants that:.
(a)All parts of the workmanship of the Products and Servicies where installation and site glazing are performed by BINQ will be free from defects for a period of ten years from the date of delivery to site by BINQ
(b)Where Installation and/or Site Glazing is carried out by a third party, all parts of the workmanship of the Products will be free from defects for a period of ten years. Defects deemed to be caused by incorrect installation or site glazing are not covered under warranty. Such causes of defects may include but not limited to;
(i) Any adjustments of hardware
(ii) Incorrect operation of products
(iii) Damage to goods during installation
(iv Failure to provide suitable flashing
(c)All stain coatings (translucent finish) applied to timber components by BINQ at BINQ's manufacturing facility attract a one year warranty from the date of delivery to site by BINQ
(d)All primer coatings (opaque under coat which requires top coat to be applied on site by others) applied to timber components by BINQ at BINQ's manufacturing facility attract a three month warranty from the date of delivery to site by BINQ
(e)All DIM4 coatings (temporary site protection which requires under coat and top coat to be applied on site by others) applied to timber components by BINQ at BINQ's manufacturing facility attract a three month warranty from the date of delivery to site by BINQ
(f)All moving parts and hardware (“Hardware”) attract a one year warranty from the date of delivery to site by BINQ and
(g)Toughened, laminated and float glass (“Glass”) attracts a warranty against defects and degradation for a period of one year from the date of delivery to site by BINQ
8.2Under 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;
(h)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 date of BINQ's shipment, and in any event, within ten (10) years from the date of BINQ’s shipment.
(i)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.
(j)Immediately after fitting and prior to hanging (doors), the entire goods, including the top and bottom edges of doors and window sashes, receive paint, varnish or sealer in accordance with product manufacturer to prevent undue changes to the moisture content within the goods where goods are supplied in raw (uncoated) timber.
(k)Immediately after fitting and prior to hanging (doors), the entire goods, including the top and bottom edges of doors and window sashes, receive paint, in accordance with product manufacturer to prevent undue changes to the moisture content within the goods where goods are supplied in primed (undercoated) timber.
(l)Within three months of uncovered storage or after fitting and prior to hanging (doors), the entire goods, including the top and bottom edges of doors and window sashes, receive paint, varnish or sealer in accordance with product manufacturer to prevent undue changes to the moisture content within the goods where goods are supplied in DIM4 (temporary protection) timber.
(m)Exterior doors and windows are finished with light reflective, exterior finish colours.
(n)Through out the warranty period goods are maintained so as to prevent deterioration from normal weather conditions.
(o)All solid construction doors are hung with a minimum of three (3) 100mm hinges.
(p)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.
(q)The moisture content of the timber does not fall below 12% or exceeds 18%.
8.3Goods 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
(e)There are any outstanding payments of monies owed to BINQ that exceeds a period of 120 days past the due date by the persons or organisations making the warranty claim..
8.4BINQ is not liable hereunder to reimburse any purchaser for Goods repaired or replaced without the prior written consent of BINQ.
8.5This 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.
8.6All 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, 3196. A.C.N 133 963 461
8.7Things that aren't covered under this guaruntee:
(a) All RAW or primed units that haven't been fully coated, including tops, sides and bottoms of each unit within 7 days of delivery.
(b) Visible nail holes from fixings required for the either the construction or installation of a unit.
(c) Damage of any sort caused on site including, but not limited to scratches, dents, expansion, contraction, deterioration, fading of and timber caused by water.
(d) Adjustments of hardware of any nature.
(e) Any issues that are caused by incorrect installation or installation not installed inline with our installation guide.
(f) Any damage or defects that occures as a result of another suppliers product being used on or applied to our doors and windows.
9. INSTALLATION AND SITE GLAZING
9.1 All openings must be prepared prior to install unless removal fees are quoted
9.2 Clear site access must be provided
9.3 No allowance for any structural changes has been made. The client must engage a registered structural engineer and building surveyor for such works.
9.4 Inclusions are as follows;
(a) Poly flashing installed to sill only
(b) Pack and screw fit window or door into opening using window packers and Wurth screws
(c) Internal expander foam
(d) All caulking applied to site glazed areas
(e) Adjustments at time of installation as required
(d) Final site clear
9.5 Exclusions are as follows
(a) Crane or lifting material
(b) EWP's (Elevated work Platforms) eg: Scaffolding
(c) Rubbish Removal unless otherwise specified in the quote
(d) Structural works
9.6 In the event that any of the items that aren't listed in item 9.4 are required a variation charges will be applicable
9.7 If intallation and or site glazing is included with this order it will be noted on the quote and or order acknowledgement as a seperate line item whcih will read 'Installation' and or 'Site Glazing'. In this event, it is a supply and installation agreement.
9.8 If installation is included in the offer, BINQ's qualified representative will conduct a site measure prior to the order being manufactured. The products will be made to these sizes and specifications. At the time of measure, BINQ may provide advice on the spefications of the order including stain colour, hardware, opening directions and configurations, but accept no responsibility if any of these are to be deemed wrong or unaccaptable at the time of delivery. It is the clients responsibility to confirm this information with the sales and or design consultant.
10.1 All of the items listed in this quote and or order acknowledgement are what BINQ agrees to supply the client and BINQ's liability for recourse is limited to any of the items listed in this agreement.
10.2 Unless otherwise agreed, or a site measure is conducted by a qualfied representative of BINQ, a supply only agreement (one that doesn't include installation or site glazing) is limited to the supply and delivery of our products, and BINQ accepts no responsibility for any incorrect heights, widths, depths that have been supplied to us.
10.3 Subsequently to clause 10.2, in the event that a qualified representative of BINQ hasn't conducted the site measure and the sizes have been supplied to BINQ incorrectly, the client accepts full responsibility and will not hold BINQ liable whatsoever to rectify any of these works.
10.4 Unless specified in our offer, our offer exlucdes any windows trims, storm moulds, cover straps or miscellaneous timber.
10.5 BINQ accepts no respondibilty for the auditing of construction documentation. Our offer is based on the window and door schedule, images, or sketches that have been provided to us. BINQ accepts no responsibility for any discrepencies, incompleteness or inconsistencies between different plans and or schedules.