TERMS & CONDITIONS
Terms and Conditions applicable to all contracts between Guccione Pty Ltd (Trading as Guccione) and the customer. By agreeing and accepting the quote provided to you, you are agreeing with the following terms & conditions.
1. Validity
1.1 Unless otherwise agreed in writing, these terms apply to all orders placed with Guccione. Guccione reserves the right to alter these terms from time to time by written approach with the customer.
1.2 All quotations are valid for a period of up to 30 days from the date of quotation. Guccione may extend this date at their sole discretion
2. Formation of Agreement
2.1 Residential
2.1.1 No contractual obligations shall arise until Guccione has:
2.1.1.1 Received from the Customer a signed Letter of Acceptance and the deposit as stated on the quotation.
2.1.1.2 Prior to the steps in 2.1.1.1 Guccione may revise or change their quotation
2.2 Commercial
2.2.1 No contractual obligations shall arise until Guccione has:
2.2.1.1 Received a Purchase Order which has been signed and returned to the client and/or
2.2.1.2 Received a formal contract which has been executed by the parties
3. Payment Terms
3.1 Residential
3.1.1 The Customer shall pay a 50% deposit stated in the letter of offer upon the signing or acceptance of this proposal. Balance will be invoiced and payable upon completion of installation
3.1.2 Any variations from the signed proposal will be included in the final invoice
3.1.3 If a customer requires delivery prior to installation, 100% of the balance must be paid
3.1.4 If the customer refuses or neglects to pay any payment by the required due date then Guccione may, at their own discretion, with or without notice to the customer, suspend works and/or remove installed goods until full payment is made
3.1.5 Guccione reserves the right to charge 2.5% compound interest per month to all overdue balances
3.2 Commercial
3.2.1 Commercial payments terms are as per agreement between Guccione and the client
3.2.2 If the client refuses or neglects to pay any payment by the required due date then Guccione may, at their own discretion, with or without notice to the customer, suspend works and/or remove installed goods until full payment is made
4. Installation
4.1 If a scheduled installation could not take place due to the site not being ready, not being able to gain access, final finishes applied, services not in place or indeed items of that nature, or for any other reasons access cannot be made, then additional costs will be incurred and will be the responsibility of the customer
4.2 The customer/client must advise Guccione of any hidden obstructions including (without limitation) electricity, telephone cables, water, gas pipes etc, that may be encountered during installation
4.3 Guccione will not be liable for any loss, costs, damages or expenses incurred, suffered or sustained for any damage to any property, structure, surface or service by the customer as a result of the customer’s failure to comply with this clause or for any damage to any property, structure, surface or service
4.4 If any changes to site conditions occur then potential additional costs may occur and will be charged to the customer.
5. Warranty
5.1 Guccione warrants that all goods and installation services will be free of defects for a period of 12 months from the date of delivery. This warranty does NOT apply to;
5.1.1 Any materials supplied by the customer
5.1.2 Any faults or failure due to any event or circumstance beyond the control of Guccione that occurs after delivery or installation of the goods
5.1.3 Any faults of failure due to lack of proper and correct maintenance and use of the goods
5.1.4 Any alterations to the goods
5.2 It is the responsibility of the customer to test the functionality of the equipment at the time of commissioning. During this period if any faulty hardware is discovered, the customer must notify Guccione immediately so that arrangements can be made to remedy the fault
5.2.1 Within 60 days of practical completion any faulty hardware will be replaced at no cost to the customer and after that period, any product related warranty claims will incur labour costs associated with the service call
5.2.2 If a fault is reported within the 60 days after practical completion and our installer identifies that there is no fault with the product, the customer will be charged a call out fee of $100 per hour including travel time.
6. Liability
6.1 To the fullest extent permitted by law, Guccione will only be held liable to the Principal under this agreement for the direct, proximate and foreseeable loss of damage suffered from a breach or default of any of its obligations under this agreement. Guccione will in no case whatsoever (including but not limited to, negligence) be liable:
6.1.1 For any loss or damage that is indirect, remote, or unforeseeable; or
6.1.2 For any consequential loss or damage, being loss or damage that does not occur directly and naturally in the ordinary course of events as a result of a breach of this contract, including but not limited to, the loss of a benefit or gain and the incurrence of any expense; or
6.1.3 For loss of production, loss of revenue, loss of use, loss of contract, loss of goodwill or loss of profit arising from on in connection with the performance of this agreement
6.2 Guccione is not responsible or liable for the performance of any materials (e.g. fabric) supplied by the customer/client. This includes any problems associated with interfacing with the materials provided by Guccione.
7. Lead Times
7.1 Generic lead times are as follows:
7.1.1 Roller Blinds – 15 Working Days
7.1.2 Curtains – 20 Working Days
7.1.3 Venetians – 15 Working Days
7.1.4 Plantation Shutters – 20 Working Days
7.1.5 External Systems – 20 Working Days
7.1.6 Speciality Systems – On Application
7.2 Our lead times are only to be taken as a guideline, for a specific lead time please contact your Guccione Project Manager directly.
7.3 Lead times are subject to fabric and stock availability. Guccione will not be held liable if desired fabric is not in stock and cannot meet your deadlines
7.4 For larger projects mechanisms and fabrics will need to be procured, this may incur a holding and processing fee for which the customer is liable to pay and/or reimburse Guccione.
8. Exclusions
8.1 Unless specifically stated in the proposal or quotation, the following items are excluded from Guccione’s scope of works
8.1.1 Site allowances
8.1.2 Trenching, digging, cable chasins, concrete cutting or road boring
8.1.3 Supply authority fees and charges
8.1.4 Patching/Painting
8.1.5 Supply of light fitting
8.1.6 All electrical works
8.1.7 All high access equipment
8.1.8 Concrete, metal or any untypical fixing not included – Standard timber fixing only included