1. Returns
1.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days of delivery (time being of the essence) notify Blindworks of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Blindworks an opportunity to inspect the Goods within a reasonable time following delivery if the Customer believes the Goods are defective in any way. If the Customer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which Blindworks has agreed in writing that the Customer is entitled to reject, Blindworks’ liability is limited to either (at Blindworks’ discretion) replacing the Goods or repairing the Goods.
1.2 Goods will not be accepted for return other than in accordance with 12.1 above, and provided that:
(a) Blindworks has agreed in writing to accept the return of the Goods; and
(b) the Goods are returned at the Customer’s cost within seven (7) days of the delivery date; and
(c) Blindworks will not be liable for Goods which have not been stored or used in a proper manner; and
(d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
1.3 Blindworks will not accept the return of Goods for credit.
1.4 Subject to clause 12.1, non-stocklist items or Goods made to the Customer’s specifications are not acceptable for credit or return.
2. Warranty
2.1 Subject to the conditions of warranty set out in clause 13.2 Blindworks warrants that if any defect in any workmanship of Blindworks becomes apparent and is reported to Blindworks within seven (7) years of the date of delivery (time being of the essence) then Blindworks will either (at Blindworks’ sole discretion) replace or remedy the workmanship.
2.2 The conditions applicable to the warranty given by clause 13.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any Goods; or
(ii) failure on the part of the Customer to follow any instructions or guidelines provided by Blindworks; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and Blindworks shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Blindworks’ consent.
(c) in respect of all claims Blindworks shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
2.3 For Goods not manufactured by Blindworks, the warranty shall be the current warranty provided by the manufacturer of the Goods. Blindworks shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
3. Consumer Guarantees Act 1993
3.1 If the Customer is acquiring Goods for the purposes of a trade or business, the Customer acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the supply of Goods by Blindworks to the Customer.
4. Cancellation
4.1 Without prejudice to any other remedies Blindworks may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Blindworks may suspend or terminate the supply of Goods to the Customer. Blindworks will not be liable to the Customer for any loss or damage the Customer suffers because Blindworks has exercised its rights under this clause.
4.2 Blindworks may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Blindworks shall repay to the Customer any money paid by the Customer for the Goods. Blindworks shall not be liable for any loss or damage whatsoever arising from such cancellation.
4.3 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Blindworks as a direct result of the cancellation (including, but not limited to, any loss of profits).
4.4 Cancellation of orders for Goods made to the Customer’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.