Shade Smart Warranty Terms and Conditions 

1.       The terms and conditions of this warranty cover only the workmanship of goods, (e.g. Labour only) for a period of 12 months from date of purchase (warranty is voided if there are any unpaid invoices on your account). All workmanship is to a commercial quality standard. Excludes warranty on repairs or modifications.

2.       All agreed warranty claims would be rectified at the premises of Shade Smart Pty Ltd or at a venue nominated by Shade Smart Pty Ltd.

3.       Any components used in the fabrication of the product are subject to the manufacturer’s warranties, conditions, and limitations.

4.       This warranty does not cover or compensate the purchaser for any expense associated with installation or removal of the goods from any supporting structure on the purchaser’s property or plant damage caused as a result of such removal or replacement. Furthermore, it does not cover or compensate the purchaser for any loss of income, or any other circumstance related to the supply of the product.

5.       Shade Smart will not be bound by this warranty if the goods have been used for a purpose other than that which Shade Smart intended the goods to be used or damage or defects suffered by the goods through the failure of the purchaser to follow accepted building practices or damage caused by mechanical friction, chemical erosion or stress resulting from structural tension. Furthermore, Shade Smart will not be held responsible nor be bound by warranty should incorrect installation methods impact the longevity /integrity of the goods provided. Any damage to the goods due to incorrect, inadequate or negligent installation methods will be the sole responsibility of the purchaser.

6.       Shade Smart shall not be responsible for any consequential loss or damage flowing from any defect or failure in the goods. It is the responsibility of the Purchaser to bring to the attention of Shade Smart any defect or failure in the goods immediately.

7.       This warranty is given to the end user only and does not apply to a re-supplier.

8.       Any claim must be accompanied by a dated proof of purchase from Shade Smart.

9.       This warranty does not cover any Acts Of God. (e.g. extreme weather conditions).

10.    Shade Smart shall not be held responsible for any loss or damage occurring in transit after the product has left Shade Smart’s Warehouse.

11.    If the Purchaser insists on the use of inferior products (in such case the determination of Shade Smart shall be final) in the manufacture of the goods, then the Purchaser hereby acknowledges that Shade Smart accepts no responsibility as to the suitability or performance of those inferior products and the use of those inferior products shall be at the risk of the Purchaser.

12.    Unless otherwise agreed in writing, risk in the goods shall pass to the purchaser at the time when the goods have been placed on the transportation, which is to effect delivery from Shade Smart warehouse. The goods shall remain at the purchaser’s risk at all times unless and until Shade Smart retakes possession of the goods pursuant to these terms and conditions.

13.    Shade Smart shall not be held liable in any circumstances for any technical advice or assistance given or rendered by it to the purchaser or not in connection with the manufacture, construction or supply of goods for or to the purchaser provided always that the company has rendered such services with due care and skill and that any material supplied in connection with those services are reasonably fit for the purpose for which they are supplied. Methods, details, hardware, equipment and instructions for installation are not the responsibility of Shade Smart and remain entirely on the purchaser.

14.    It is the responsibility of the purchaser to supply Shade Smart with correct dimensions and details when placing an order at all times. Shade Smart cannot be held responsible for incorrect dimensions and details. If the purchaser requests that Shade Smart take measurements from an existing product and/or replicate an existing product from a template or original product then this is at the purchaser’s risk and Shade Smart cannot be held responsible for the end product. When complete drawings and measurements are absent the purchaser must take full responsibility.

15.    It is the responsibility of the purchaser to inspect goods prior to acceptance and installation and to not add value to goods by completing a job if a defect or failure is found prior to completion.

16.    Shade Smart shall not be held liable in any circumstances for any transport, installation, removal, labour or other costs involved with this job. This also includes any additional costs or issues that derive from incorrect installation or design, removal or transportation of the job. It is the responsibility of the purchaser to ensure all these needs are met.

17.    Should you cancel an order during production and are on account trading terms, Shade Smart will charge the amount incurred up until that point of cancellation.

18.    Should you cancel an order during production and have paid a deposit, Shade Smart have the right to retain the deposit or an amount deemed suitable to cover any incurred costs up until that point of cancellation.

19.    Payment of invoices for all customers on account trading terms are to be paid in full within due date as shown on invoice in accordance to accepted payment terms. By proceeding to trade with Shade Smart as a non-COD account (with or without signed account application form) you are accepting our payment terms. If payment is not received by the due date on the invoice, we retain the right to charge interest, storage space and all legal expenses borne in pursuit of payment by the company. We retain title of goods until settlement under the Title Retention Clause (Romalpa Clause).

20.    Payment of all goods is to be paid in full before dispatch unless specified. Any goods not paid in full within 10 working days of being notified of order being completed we retain the right to charge interest, storage space and all legal expenses borne in pursuit of payment by the company. We retain title of goods until settlement under the Title Retention Clause (Romalpa Clause).

21.    Should you expect to be late on payment, you must notify us in writing regarding the estimated time of payment (prior to invoice due date). All late payments that have been discussed and agreed with management/accounts will be given a maximum of 2 weeks from due date of invoice. After this date if any outstanding amount remains then all existing and new orders will be treated as COD Terms until account is up to date.

 (v2 September 2023)

Shade Smart     ABN 50 654 291 282     www.shadesmart.com.au