Terms & Conditions
These conditions of Sale apply to all orders and form part of any contract resulting from an order placed with Modern Shade Solutions (‘the Company’). The payment of the Deposit or the signing of the Quotation/ Order Confirmation is acceptance of the Terms & Conditions of Sale by the Customer (‘the Purchaser’).
1.0 Once the above order details have been confirmed and accepted into the factory, variations to the order specifications are at the Company’s behest and are usually not possible. Under no circumstances can an order be varied once the order is in production and the raw materials have been ordered or cut.
1.1 Fabrics and materials ordered are subject to availability and may be delayed due to circumstances out of the Company’s control. Fabrics/ material colours and weaves can be liable to variations between production runs and can vary from swatches/ examples sighted or supplied.
1.2 All of our blinds are made ‘square’, no accountability will be taken for ‘out of square’ windows, patios, alfresco pillars, beams, eaves, render work or any existing structure that our products are being attached to. Your blinds may not sit straight or flat if your existing structures are not square. The Company does not warrant existing structures or our products if your blinds come away from your existing structure as a result of a defective structure, the Purchaser is liable as this is a builder issue.
2.0 Production times for blinds are 4-5 weeks and 8-10 weeks for plantation shutters, unless otherwise stated. Any installation dates / production times discussed or noted are approximate; no responsibility will be taken for unforeseen delays in the availability of raw materials or parts and circumstances out of our control. Compensation for delays will not be awarded, under any circumstances.
2.1 If a purchaser delays the installation date of an order after the Company has booked such date, the balance will be due forthwith and the Company will store the goods for up to 30 days without additional cost.
3.0 The purchaser is requested to sign this order confirmation and/ or make payment of a 50% deposit to commence the production of this order and the balance is to be paid on or before the installation date.
3.1 If part of your order is delayed on installation, you are required to pay the balance less the percentage of work outstanding.
3.2 Your products remain the property of the Company, until paid for in full. No warranty claims will be honoured until the products have been paid for in full by the Purchaser.
3.3 Upon signing this order confirmation and/ or paying a full or partial ‘holding deposit’, a 48 hour ‘cooling off’ period applies, in which time you may, in writing, request to cancel the order and receive a refund of any monies paid, less any administration fees that may apply. After the 48-hour cooling off period, cancellations cannot be accepted.
3.4 If for any reason the customer chooses to cancel an order after the cooling off period, the 50% deposit will be forfeited to the company and the company may seek further charges to cover costs of raw materials and labour.
3.5 By signing this order confirmation and/ or paying your 50% deposit you are confirming the Company has duly described the order details and you understand the performance of your products and any functional limitations they may have. No responsibility can be taken for personal misconception of the finished product.
4.0 This order includes one check measure appointment only; if you make any changes to your order after that appointment, which result in further check measure appointments being necessary, you will incur an $77 fee (GST inclusive), for every appointment thereafter.
4.1 Installation and check measure appointments are to take place during business between 9am to 5pm Monday to Saturday only. Any proceeding appointments, for service / re-installation, are required to take place during these hours, no afterhours appointments will be available unless agreed upon prior.
5.0 Our products are covered by a 5 Year Warranty on our systems and 10 years on our mesh fabrics, covering defects in material and workmanship. The warranty applies to the original residential purchaser and proof of purchase must be presented. Within five or ten years of purchase we will replace or repair the defective part at our cost.
Exceptions and conditions apply, per the details listed in 5.1.
5.1 The following are not covered by this warranty:
- Claims by anyone other than the original purchaser or without proof of purchase.
- Claims where full payment has not been paid, per the original invoice.
- Damage or misfit due to inadequate structures or out of square structures.
- Normal wear and tear, natural fade or oxidation consistent with the age, type or use of the product. Fading includes but is not limited to; colour fade to products (Blinds, Shutters & Mesh Fabrics), due to direct or indirect sun exposure.
- Slight bowing/warping to Plantation Shutter products (PVC & Timber) with the manufacturing’s tolerable allowances.
- Minor marks, scratches or imperfections not visible from 1.5m away from the blind/ shutter.
- Damage from what we deem as misuse, accidental use, unintended us or neglect. Misuse includes but is not limited to; incorrect usage of our products incorrect maintenance or not adhering to cleaning instructions.
- Damaged by fire, storm, wind, explosive device, failure of structure or impact from mechanical source, implosion, any part of nature (including but not limited to; salt spray, marine influences, corrosive environments, bore water) or animals.
- Removal and re-installation of blinds to other structures & products not professionally installed by Modern Shade Solutions or one of our trained contractors.
- Alteration of any form made to the product.
- Incorrect cleaning methods, scrubbing, non-prescribed cleaning agents, normal shrinkage or fungal / algae growth due to build-up of any form of debris on the product, including water or lack of preventive maintenance
- Damage caused by rolling up any outdoor blind whilst they are wet
- Any shipping cost for sending a product to/ from our premises (if required)
- Fabric flexing on outdoor blinds within manufacturing’s tolerable allowances or due to rail roading fabrics; including the fabric not hanging ‘flat’, puckering, rippling, pinching at the bottom rail or ‘V formation’ across the span of the blind.