Terms and Conditions
“AGREEMENT” refers to the agreement between Awning Worx and the buyer,
consisting of the purchase order or signed quotation and the terms agreed in writing
by the parties. Awning Worx is Awning Worx Pty Ltd its successors and assigns. The
buyer means the entity with whom Awning Worx contracts to supply the Goods,
products sold by Awning Worx pursuant to the agreement. Conditions refers to the
terms and conditions contained in this document and include those terms, if any,
imposed by law that cannot be excluded GST is as defined as in the new Tax system
(Goods and Services Tax Act 1999 as amend from time to time or any replacement
or other relevant legislation and regulations).
A Quotation issued is subject to the buyer signing the bottom section of the
quotation as acceptance of this offer. Quotations are valued for 30 Day s, acceptance
thereafter will be subject to Awning Worx to option to accept and proceed. Prices
are subject to change without notice after the Quote expires. Note; final price is
subject to final check measure. Delivery and installation outside the Metropolitan
area might attract a surcharge.
It is Awning Worx intension to expedite orders in a timely manner. Any statement
made as to date for installation is an estimate only. In case of an industrial action,
shortage of materials, NON‐standard finishes or fabrics, delay in freight or any other
event, delivery times are extended accordingly. Delay in delivery will not entitle the
buyer to do any claims, discounts or calculation of the order.
It is the client’s responsibility to check the colours of fabrics and frames design and
specifications as required. Awning Worx should be notified of any discrepancies
within 24 hours. As with any kind of fabric or powder coating a slight variation in
colour between samples and the supplied material are possible and unavoidable.
CHANCES TO AN ORDER
If manufacturing has commenced the client is responsible for the full cost of
FABRIC JOINS AND PREFORMANCE
Acrylic fabrics have vertical joins at every 1200mm intervals. Mesh fabrics have
different widths available and have horizontal joins when the product high is
exceeding the fabric width.
Product specification(s) are guides only due to product being customised per
Electrical wiring / work is NOT included. Awning Worx is not a licenced electrical
contractor. However, Awning Worx can organise an electrician to complete the
electrical work upon request. The electrician will invoice you directly. Alternative
you have you own electrician. Awning Worx is not liable or responsible for any
electrical cost. Final payment is due at the completion of installation regardless the
completion of electrical work. At installation a test cord is utilised to ensure the
proper function of the product.
It is the buyer’s responsibility to obtain any necessary approvals for installation
from Council or other statutory bodies.
Our payment terms require a 50% deposit, all products are custom made and
therefor the deposit is non‐refundable. The production process will only commence
when deposit payment is cleared and check measure preformed (if needed)
Our terms are 10% deposit to place order and 40% payment for stock reservation
and the start of the production process, 30% progress payment to book installation
and goods on site, a final 20% payment is required on completion of the installation.
Completion means that all products are in position and in an operable condition
which will be demonstrated on request.
RISK TITLE & ROMALPA CLAUSE
Risk of goods will pass to the buyer immediately upon delivery or installation. Title
of ownership of the goods invoiced delivered will not pas ownership until it has
been paid in full. The buyer is advised not to us the product(s) until full payment is
received. Warranty will be void when full payment is not received. The buyer
acknowledges and agrees that Awning Worx may recover the price of the goods by
legal action if they are not paid for when due not withstanding that property in the
goods has not passed to the buyer.
In case a product is manual operated from inside, holes have to be drilled through
existing building structures such as brickwork or window frames, any obstruction
within these structures that extend normal installation time will be charge as extra
POTENTIONAL DAMAGE TO INSTALLATION OR DELIVERY
All necessary care will be taken to prevent damage to existing structure, however
Awning Worx or its installers will not be responsible for the failure or damage, from
any cause whatsoever of any surface while drilling or fixing, included to; cracking or
collapse wall, tiles, shipping or masonry, render blowouts and accidental or
consequential damage. This because of the unknown nature of substrates we are
RAIN OR WIND
Although all sun shades are designed to resist reasonable winds, it is advised to
retract them when strong winds occur or are expected. Damage by wind or rain is
excluded from Awning Worx warranties. A sun & wind sensor is available for
electric operation automatic traction and reaction of your sun shade system. Note;
sun & wind sensors are incapable of safeguarding sun shade system from sudden
freak gust of wind. Horizontal sunshade systems such as Folding Arms can only be
used in rain when a pitch of 17 degree (or more) has been installed, please advise
your product specifications on rain subject.
Awning Worx will make good by repair or option supply a replacement for defects
which under proper use appear under warranty within 5 years for the systems 5
year manufacturing limited warranty for electronic devices. This warranty does not
apply if defect arises by normal weathering, normal wear and tear, adverse
exposure, oxidation / corrosion / rust, fire, accidental or intentional damage, flood,
windblown objects, wind / hail / rain, salt spray, or chemical pollutions, mildew
structural defects, negligent maintenance / misuse / abuse, incorrect installation by
a third party or any cause or occurrences beyond the control of Awning Worx. In the
case of a warranty repair or replacement, the buyer is responsible for all access
equipment hire (cost) and electrical reconnection(s) and cost of labour for the