Terms and Conditons of Orders
GENERAL
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Upon acceptance of these terms, a binding contract is entered into between the customer and Jorven Home Living Pty Ltd (hereafter referred to as “Jorven”), notwithstanding Jorven’s right of non-acceptance due to errors or omissions.
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Quotations provided by Jorven are valid for 28 days and may be subject to change thereafter. Accepted orders are subject to verification at Jorven’s head office, where Jorven reserves the right of non-acceptance.
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Completion dates are estimates only and subject to material availability. No responsibility will be accepted for delays as outlined in clause 20.
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The customer must provide access to the works between 8:00 am and 5:00 pm, Monday to Friday, or as otherwise agreed.
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The customer accepts that any colours and brands stated in the quotation are as per their selection, and that Jorven takes no responsibility for shade variations.
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Jorven accepts no responsibility for natural material variations such as colour, grain, rippling, shrinkage, or changes in length, and shall not be liable for any loss or damage arising as a result.
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Whilst every effort will be made to ensure that products match showroom samples or displays, any minor or immaterial variation in colour or grain between samples and delivered goods shall not entitle the customer to reject the goods or claim compensation.
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The customer acknowledges that Jorven staff are not qualified colour consultants or interior designers. Any suggestions or recommendations are personal opinions only; the customer is responsible for final product choices.
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The acceptable standard for imperfections on the final job is: if visible to the naked eye in natural daylight at a distance of 1.2 metres, it is not acceptable; if not visible under the same conditions, it is deemed acceptable.
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Where removal, reinstallation, transportation or additional handling is required due to a customer-requested change, misuse or circumstances not attributable to Jorven, reasonable additional charges may apply, subject to prior notification and agreement.
Where such work is required to remedy a defect or failure for which Jorven is responsible under the Australian Consumer Law, Jorven will bear the reasonable associated costs.
TERMS OF PAYMENT
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Deposit & Balance – A deposit of 50% of the total contract price is required at the time of order acceptance, prior to commencement of manufacture. The remaining 50% balance must be paid in full after inspection of the goods and before installation. If the contract falls within the QBCC Act 1991, deposits and payments will be structured in accordance with the requirements of the Act.
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Final Payment on Practical Completion – For contracts outside the QBCC Act 1991, payment of the balance must be made upon practical completion.
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Overdue Accounts – Where an undisputed amount remains unpaid for more than seven days after its agreed due date, Jorven may charge reasonable interest at the rate expressly stated in the quotation or contract, to the extent permitted by law. Jorven will provide written notice before applying interest.
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Recovery of Debt – In the event of non-payment, the customer will be liable for all legal and recovery costs incurred by Jorven.
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Retention of Title –
To the extent permitted by law, ownership of goods supplied by Jorven remains with Jorven until the full purchase price has been paid.
In the event of non-payment, Jorven may pursue lawful debt recovery remedies. Jorven will not enter a customer's premises or remove installed goods without the customer's consent or other lawful authority.
Nothing in this clause limits any rights or guarantees under the Australian Consumer Law.
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Delayed Installation – If the customer is not ready to take delivery or have goods installed within six weeks of manufacture, the customer agrees to pay a progress payment up to the total value of the purchase price, or as otherwise agreed.
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Refusal of Installation –
If the goods are ready for installation but the customer unreasonably delays or refuses to arrange installation, Jorven may issue written notice requesting that installation be arranged within a reasonable period.
Where the delay continues, Jorven may charge reasonable and documented storage or additional delivery costs, provided these charges have been disclosed and are permitted by law.
Any outstanding payment will become due in accordance with the agreed payment schedule and applicable law.
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Delays in Supply or Installation – The customer agrees not to hold Jorven responsible for delays in supply or installation, and not to demand compensation (monetary or otherwise). Payment cannot be withheld if a minor part of an order is delayed.
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Service of Notices – The customer agrees that any notices or court documents may be served by pre-paid post or facsimile to their last known address or facsimile number.
FORCE MAJEURE
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Jorven shall not be liable for failure or delay in supply, delivery, or installation due to circumstances beyond its reasonable control.
PRODUCT INSTALLATION
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Customers must provide suitable access for installation, remove obstructions, and secure valuables. Additional costs due to unforeseen access or installation issues will be borne by the customer.
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Customers must advise Jorven of any asbestos at the installation site that could be disturbed during works.
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Customers are responsible for removing existing window treatments unless other arrangements are made at the time of sale.
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Jorven products are made square unless otherwise specified. No responsibility is accepted for out-of-square windows.
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The customer must inform Jorven of any known or suspected concealed plumbing, electrical wiring, structural defects, asbestos or other hazards in the installation area.
Jorven will take reasonable care and exercise appropriate skill during installation.
Jorven will not be responsible for damage arising solely from concealed or undisclosed site conditions that could not reasonably have been identified or avoided through the exercise of due care and skill.
This exclusion does not apply to damage caused by Jorven's negligence, failure to exercise due care and skill, or any breach of applicable consumer guarantees.
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While care will be taken, Jorven accepts no responsibility for damage to premises or service interruptions arising from circumstances beyond its control.
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Corded blinds supplied and installed by Jorven comply with Australian Child Safety Laws.
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Product-specific conditions – apply to vertical blinds, aluminium venetians, timber venetians, roman blinds, panel glide blinds, and roller blinds. (Technical details remain as per Jorven’s product specifications, including clearance requirements, fabric movement allowances, and limitations in certain window types.)
GUARANTEE & WARRANTY
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Jorven warrants that all products are fit for purpose and are new unless otherwise stated.
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All products are guaranteed against defects in components and manufacture at installation, effective only after full payment. Jorven will pass on manufacturer warranties where applicable. See our website for product-specific warranty details.
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In domestic use, goods are guaranteed against faulty materials and workmanship. Jorven will repair or replace (at its discretion) any faulty products. Damage due to misuse, accidents, or heat/solar exposure is not covered. Where no defect is found, a call-out fee will apply.
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All work will be carried out in accordance with relevant laws and regulations.
DEFINITIONS
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Works – the work described in Item 1 of the contract and detailed in the accepted quotation.
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Start Date – the date Jorven commences manufacture of the ordered product.
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Practical Completion – when the majority of works described in Item 1 have been supplied and installed.
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Price – the total contract amount, including GST, as per the accepted quotation.
