Terms and Conditions

TERMS AND CONDITIONS OF SALE

  1. DEFINITIONS AND INTERPRETATION

    1. “binq” means binq Pty Limited ABN 26 527 991 799 ATF binq Unit Trust and its subsidiaries.

    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.

    3. “Customer” means the person to whom the Quotation is addressed and/or any person who accepts it.

    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.

    5.  “Goods” means the Goods the subject of the Quotation.

    6.  “Order” means the acceptance of the Quotation in whole or in part by the Customer.

    7. “person” includes companies.

    8. “Quotation” means the document issued by binq outlining its estimate of the cost for the provision of specified Goods and Services.

    9. “Services” means the Services, if any, to be supplied with the Goods and the subject of the Quotation.

    10. Headings are for convenience only and do not form part of these terms and conditions of sale.

  2. PLACING ORDER

    1. Any 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 upon the payment of a deposit not less than 50% of the total value of the order. By accepting the order the Customer is deemed to have read and understood binq’s terms and conditions of sale.

  3. TERMS OF PAYMENT

    1. Payment 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 at or prior to the time of dispatch of Goods.

    2. The 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. 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. DELIVERY

    1. The 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.

    2. binq 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 scheduled delivery date.

    3. The Customer accepts that binq may deliver goods by instalments.

    4. If 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.

    5.  The 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.

    6. The Customer cannot return goods to binq without the written agreement of binq.

 

  1. PRICES

    1. Except 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.

    2. Quotations 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.

    3. The 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

 

  1. TITLE

    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.

    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 elects.

    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;

    4. The Customer irrevocably authorises binq at any time, to enter any premises:

      1. upon which the Goods are stored to enable binq to:

        1. inspect the Goods; and/or

        2. if the Customer has breached these terms and conditions, reclaim possession of the Goods.

      2. upon which the Customer’s records pertaining to the Goods are held to inspect and copy such records.

    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.

  2. CANCELLATION & DEFAULT

    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 limited to 10% of the total value of the order.

    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.

    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.

  3. TEN YEAR GUARANTEE

    1. binq warrants that:.

      1. 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

      2. 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)    Incorrect adjustments of hardware

                     (ii)   Incorrect operation of products 

                     (iii)  Damage to  goods during installation

                     (iv)  Failure to provide suitable flashing

  1. 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

  2. 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

  3. 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

  4. All moving parts and hardware (“Hardware”) attract a one  year warranty from the date of delivery to site by binq and

  5. 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

  6. 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;

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. Exterior doors and windows are finished with light reflective, exterior finish colours.

    7. Through out the warranty period goods are maintained so as to prevent deterioration from normal weather conditions.

    8. All solid construction doors are hung with a minimum of three (3) 100mm hinges.

    9. 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.

    10. The moisture content of the timber does not fall below 12% or exceeds 18%.

  7. Goods will NOT be found to be defective within the meaning of this Guarantee if;

    1. Goods become defective through failure to follow these recommendations or for hazards of shipment or storage, after the Goods leave control of binq.

    2. There is a natural variation in the colour and texture of the timber.

    3. 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.

    4. There is shrinkage or splitting of frame members or panels in solid joinery due to atmospheric conditions.

  8. binq is not liable hereunder to reimburse any purchaser for Goods repaired or replaced without the prior written consent of binq.

  9. 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.

  10. 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, 3196.  A.C.N 133 963 461

 

AZIONE SERIES

DOORS

Sliding 

IV40 Entry 

Bi Fold 

WINDOWS

Awning

Casement

Sliding

Bi Fold

Double Hung

Sashless

Louver

Fixed

ALUMINIUM

REZIDENCE SERIES

Awning

Casement

Fixed

ARCHETTA SERIES

DOORS

Sliding & Stacking

Bi Fold

Entry

 

WINDOWS

Awning 

Casement 

Fixed 

Bi Fold 

Double Hung 

 

ATTAVITA SERIES

DOORS

Sliding & Stacking

WINDOWS

Awning

Casement

Fixed

 

 

TERMICO SERIES

DOORS

Sliding & Stacking

Bi Fold 

Entry 

WINDOWS

Awning 

Casement 

Fixed 

Bi Fold 

Double Hung 

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Binq Doors & Windows | 2-4 Ashley Park Drive, Chelsea Heights Vic 3169 | info@binq.com.au | 03 9773 2373

03 9773 2373