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Teal Product Warranty

TEAL WINDOWS PTY LTD - (ACN 092 329 309)

Teal Windows Pty Limited (“Teal”) warrants all Teal products will meet our valued customer’s expectations in material and workmanship. Our longstanding reputation in the industry, experience in manufacturing joinery and our ongoing commitment to strive to improve our service, product and range ensures that Teal will produce the outcome our loyal and satisfied customers have come to know and expect.

All Teal products are warranted to be of good quality, workmanship and material, and free from defects which would render the products unserviceable for the use for which products were manufactured for six years from the date of shipment by Teal . Teal, subject to the Terms and Conditions of Sale below, agrees to replace Teal product found to be defective within the meaning of this warranty. Teal Windows will not be liable for any further claims relating to removal of the defective product, reinstallation, hanging, re-painting or any other costs associated with replacing the product.


Terms and Conditions of Sale
1. Teal checks all timber used in products prior to manufacture to ensure timber moisture content is within allowable tolerances. Defects, such as warping or shrinkage, due to the product not being properly sealed or coated within 48 hours of delivery to the customer’s site and/or not stored correctly away from wind, moisture and direct sunlight, will not be considered a manufacturing or product defect.

2. All Teal product must be properly sealed and finished on all faces prior to installation. This includes the bottom and top edges of windows, screens and doors. All sealing must be done with a suitable timber sealer, coating or oil based paint. If painting only oil based paints should be used. Acrylic or water-based paints are not considered suitable for timber windows, screens and doors and if used may invalidate the warranty. Teal product exposed to direct sunlight settings must be finished in light reflective colours. The use of dark colours in direct sunlight settings may invalidate the warranty.

3. All Teal product must be stored horizontally and on a level surface in a dry location away from direct sunlight. Teal product must not be exposed to excessive heat, eg, stored inside a shipping container.

4. All Teal products must be inspected upon delivery. Any suspected defects must be notified to Teal within 48 hours of delivery. The Teal product in question should be returned to the point of purchase in its original condition together with purchase receipt as proof of purchase.

5. Hardware items sourced from other manufacturers and suppliers used in Teal products (eg. locks, handles, hinges, insect and fire rated or security screens or mesh) are not covered by the warranty offered by Teal. Such hardware items are subject to and covered by the warranty (if any) provided by the hardware manufacturer and/or supplier.

6. Grain, texture and colour variations are natural characteristics of timber and as such are not considered a product fault or defect.

7. It is the installers responsibility to ensure all Teal products are fitted in accordance with the Building Code of Australia and that the glazing beads are fitted to the external side of frames/jambs. When fixing all frames/jambs must be plumb, level, straight and fixed square with equal length diagonals. Teal manufacturing clearances must be maintained on all pre-hung/fitted units.

8. Incorrectly installed Teal product requiring re-fitting or adjustment by Teal windows will be subject to a travel and on-site labour charge.

9. Any joinery product cut down from Teal’s original manufacturing sizes must not exceed maximum trimming dimensions. It is recommended Teal be contacted prior to trimming. Any cut or planed surfaces must be properly re-sealed or recoated within 48 hours, especially top and bottom end grains.

10. All glass is checked by Teal suppliers and Teal before delivery. Any glass/hardware fitted to Teal products must be inspected following product delivery and if found to be defective Teal must be notified within 48 hours. Teal will not be held responsible for glass or hardware damaged caused by other tradespersons or site visitors.

11. Teal products supplied to customers with a factory applied primer or sealer coating must receive finished coatings within 4 weeks of delivery. Teal product fixed in situations of maximum exposure, eg, in building walls not protected by roofing, must receive finish coatings immediately.

12. Teal joinery products should be coated and maintained on a regular basis to prevent deterioration. Premium coatings or an appropriate paint or oil must be used with proper regard to in situ weather conditions, building design and product exposure. All coatings must be applied to all faces of Teal product including the top and bottom of windows, doors and screens. Warping and/or shrinking resulting from Teal products being not being coated on all faces concurrently may not be claimable under this warranty.

13. In the event of a claim in respect of the warranty as set out above Teal will arrange for a representative to inspect the product said to be defective at the location to which those products were delivered, to ascertain the validity of the claim. Unless Teal product is inspected by the customer within 48 hours of delivery no claim for defective material or workmanship will be recognised. No warranty liability will be accepted by Teal where products are used for an incorrect application for which the Teal product was manufactured or supplied.

14. Teal may charge the customer for costs incurred in relation to the transportation and delivery of goods ordered. Reasonable and unobstructed access to the delivery point and facilities for unloading must be provided by the customer. Demurrage charges will accrue to the customer where any Teal delivery vehicle is delayed in excess of 1 hour at the place of delivery.

Orders
15.1 Teal is not bound to accept any order.
15.2 Teal reserves the right to amend specifications of products or services at any time and without notice in the interests of product quality, performance and due to availability of materials.


Payment
16.1 The customer must pay for products and services on demand unless Teal has agreed to provide credit facilities to the customer before the date of acceptance the customer’s order. If Teal agrees to provide credit facilities, the customer must pay for the products and services within 30 days of delivery of the product or services provided (regardless of the date on which the customer received any invoice or statement in respect of the products or services) or within such other period as Teal notifies in writing to the customer from time to time.
16.2 The customer acknowledges that Teal has no obligation to agree to provide or to continue to provide any credit facilities to the customer. The customer is not entitled to any credit facilities until it receives notice from Teal to that effect and Teal may at any time by notice in writing to the customer reduce, vary or terminate any such credit facilities.
16.3 Teal may charge an overdue account fee or interest on all overdue accounts after giving 7 days notice in writing of intention to charge the fee or interest.
16.4 Teal may recover in full from the customer the costs of collecting any money due and payable by the customer to Teal including the fees of any Mercantile Agent or Solicitor engaged by Teal on a Solicitor/client basis.


Delivery and Acceptance
17. It is the customer’s responsibility on delivery to ensure that all products conform to the specifications and requirements as detailed in the order.

Risk and Title
18.1 Products are at the customer’s risk from the time of delivery.
18.2 Legal and beneficial title to all products remains with Teal until the customer pays to Teal all amounts the customer owes to Teal on any account.
18.3 Whilst Teal retains title to the products Teal may, on reasonable notice, enter premises where the products are stored to inspect them or remove the products where demand for payment in respect thereof has not been met.
18.4 Until the customer pays all amounts it owes to Teal, the customer:-
(a) Must store the products in a way that identifies them as Teal’s product so that the Teal product can be distinguished from all other goods in the customer’s possession;
(b) Must keep all products insured against theft, damage and destruction; and
(c) Acknowledge that it holds the products as Teal’s bailee and that a fiduciary relationship exists with Teal.


Default
19.1 In this paragraph, “Default Event” means any of the following:-
(a) The customer does not make a payment due to Teal;
(b) The customer is unable to pay his/her/it’s debts as they fall due;
(c) The customer ceases or suspends conduct of his/her/it’s business, or threatens to do so;
(d) The customer dies or commits any act of insolvency or act of bankruptcy;
(e) The customer makes or proposes to make any arrangements with his/her/it’s creditors; and
(f) Execution is levied on any of the customer’s assets.
19.2 If a Default Event occurs:-
(a) All amounts owed to Teal by the customer become immediately due and payable;
(b) Without notice to the customer and without prejudice to any of its rights Teal may recover and/or resell the products or any of them and may by it’s servants or agents enter the customer’s premises or any other premises that the customer is entitled to enter.
(c) The customer indemnifies Teal for all claims, actions, suits, demands or orders for costs or damages relating to or arising out of any such action.


Variation
20. These trading terms apply to all orders accepted by Teal from any customer for the purchase of products or provision of services in relation to those products and services unless Teal agrees otherwise in writing.