1. Definitions  

1.1. “Us”, “we” or “our means F1 Curtain Company.

1.2. “You” means you, the customer and account holder.

1.3. “Product” means any custom-made item produced in accordance with these Terms.

1.4. “Product Specifications” means the information relevant to you order as outlined in your worksheet or order form.

1.5. “Services” means the production of custom-made items.

1.6. “Order” worksheet made up of product and services.

1.7. “Terms” means these Terms and Conditions.

1.8. “Personal Information” has the meaning as defined in the Privacy Act 2020.

1.9. “PPSA” means the Personal Property Securities Act 1999 and associated regulations.

1.10. “PMSI” means a Purchase Money Security Interest as this terms is defined in the PPSA.

2. Placing an Order

2.1. An order for product or services made by you (via an order form or worksheet) will be taken as an offer incorporating these Terms.

2.2 All orders are subject to availability of goods and materials at the time of manufacture.

2.3. Misinterpretation from orders by us shall be deemed to be the responsibility of you.

2.4. All personal information that is supplied by you is true and correct on orders.

3. Cancellation of Orders

3.1. All cancellations must be in writing.

3.2. If you cancel an order after it has been processed and/or work has been commenced, will be liable for the costs the we have accrued in that process, including but not limited to admin processing time, re-stocking fees, sewing labour etc.

4. Pricing

4.1. All prices are based on price list and conditions/ specifications prevailing at the date of your order.

4.2. We may pass on to you any changes to the price list and conditions/ specifications which arise from circumstances beyond our control, after the date of the order.

4.3. Pricing tier structure is based on volume per month. Pricing tier structure will be reviewed every 3 months at the discretion of F1 Curtain Company. Should your pricing tier need to be altered we will amend and communicate this with you via email. 

4.4. Pricing tier only applies to drapery and roman blinds not extras.

5. Payment terms

5.1. Should we require a deposit, depending on scope and size of your order we will invoice you, this invoice value  will need to be paid before we commence the order.  

5.2. All orders must be paid for in full prior to delivery/ collection unless we agree otherwise.

5.3. All product and services remain the property of us until you have paid in full and cleared funds all balances, including any additional charges.

5.4. Unless agreed otherwise, payment on invoices must be paid within 14 days from invoice date.

5.5. All overdue accounts may incur an administration fee and/or penalty interest charge.

5.6. Overdue accounts will be referred to a debt collection agency for recovery and you will be liable for the debt collection costs. This could include any legal costs. The debt collection agency may provide such default information to other parties not limited to credit reporting companies who may use that information for their clients. The Debt collection agency may also load a credit default with a credit reporting company.

6. Delivery costs

6.1. All costs of freight, delivery and transit insurance is payable by you unless agreed by us otherwise.

6.2. Freight costs will be calculated at the time of dispatch.

7. Deliveries

7.1. Your order will need to indicate the place for delivery of the product and services unless the order is to be collected by you or your agent from our location.

7.2. If you or a third party refuses delivery of the products or services any additional costs from the freight company by us will be passed to you.

7.3. All claims for errors, damage or short delivery must be made in writing quoting the order number(s) within two days of receipt of the goods by you to us.

7.4. We will not be liable for any freight errors, damage or short deliveries. Ownership of these issues will remain with the freight company.

7.5. Unless otherwise agreed, if we are holding off on sending a completed order we may invoice you storage fees.  As such, failure to collect completed orders within 10 working days may incur storage fees. Unless otherwise agreed, this also applies to rolls of fabric and lining, if we are holding onto stock, we may invoice you storage fees.

7.6. Risk shall be passed to you for the delivery of the goods.

8. Return of goods

8.1. The return of goods shall be at our sole and unfettered discretion.

8.2. Without prejudice to clause 8.1 returns will only be accepted where;

i. Freight has been prepaid and

ii. The order(s) are returned within 14 days of delivery/ collection and;

iii. A full explanation in writing for the reason for the return is forwarded with the products so that we are able to rectify the issues if necessary.

iv. If the fault lies with you, we will charge for all remedial work carried out in effort to rectify the issues. These charges will be without question, an estimate may be requested and provided by us.

8.3. If we agree to any remakes of products or services the original order (product and or services) will become our property.

9. Liability

9.1. Our liability in contract or otherwise by any loss, damage or injury arising directly or indirectly from any defect or non-compliance of the products or other breach of our obligations hereunder shall not exceed purchase price of the products and services, nor will we be liable for any consequential or indirect or special damage or loss of any kind whatsoever nor shall we be liable for any damage or loss caused by your servants, agents, buyer or other persons whatsoever.

9.2. You shall indemnify us against any claims by your servants, agents, customer or other persons in respect of any loss, damage or injury arising from the forgoing.

10. Warranties & Workmanship

10.1. We will endeavour to produce, manufacture and supply all products and services to a high quality.

10.2. Nothing in these Terms negates or constrains any rights you may have under the law that cannot be excluded. This includes any rights you may have under the Consumer Guarantees Act 1993 or any other consumer protection law.

10.3. Due to the many inconsistencies and dimensional instabilities of the various types of fabrics supplied to us, we will not be liable for any increased costs incurred if those inconsistencies and or dimensional instabilities of the fabric supplied by you or any agent.

10.4. We reserve the right to charge for any additional costs incurred, as we deem necessary if we consider additional labour is involved in completed an order because incorrect fabric quantity has been supplied by your or an agent, or the quality of that fabric is affected by flaws making it impossible to complete the manufacture in the first instance.

10.5. We take no responsibility for fabric suitability, including shrinkage, fading, misuse or general wear and tear.

10.6. Our workmanship is guaranteed for one year from date of manufacture. This excludes the fabric and or lining and general wear and tear. Refer to clause 8. For return of goods.

10.7. We must be notified of any issues within ten working days of issues arising.

11. Ownership & PPSA

11.1. Ownership in the goods shall not pass to you and any proceeds of the sales shall belong to us until you have paid for products and services in full, as clause 5.3.

11.2. You acknowledge and agree that we may register any security interest that we have in respect of the products/ services and their proceeds on the Personal Property Securities Register and that such security interest services until the products and services are fully paid for.

11.3. Until payment to us has been made in full, you acknowledge and agree that;

i. We supplies the goods the you on the terms on the condition that we have a PMSI in the products and services.

ii. In relation to products and services that are inventory, you will not allow any non-purchase money security interest to arise in respect of the products unless we have perfected its PSMI prior to your possession of the products and services.

iii. You will not permit the products to become accessions or commingled with other products or mass if we have not perfected any security interest that the company has in relation to the products and if

iv. You (notwithstanding clause 4.1 of this agreement) sells the products prior to payment or the same to us, you will pay the proceeds arising from that dealing into a separate account with separate records so that this proceeds remain identifiable and traceable to that dealing and the products and services. Your further deals and such proceeds, you will manage that dealing or dealings in the manner having the result that the proceeds remain as identifiable or traceable to the original products. If you sell the products prior to payment for same to us, all claims which you hold against third parties shall be handed over to us.

11.4. If we perfects any security interest that we has in relation to the products, you will not so anything that results in the us having less than the security or priority position in respect of the PPSA that we assumed at the time of that perfection.

11.5. You irrevocably gives us and its agents the right to enter upon your premises, without diving notice and without being in any way liable to the customer, or any person or company claiming through you, if we have sufficient cause to exercise any rights that the we have under section 109 of the PPSA.

11.6. If we are a secured party under the PPSA, from the first time when such is permissible.

i. The parties contract out of Part 9 of PPSA in the following manner the rights and obligation container in section 114(1)a, 116, 1179(c ), 119, 120(2), 125, 126, 127, 129, 132, 133 and 134 of that part do not apply between us and you; and

ii. You wave your rights granted in section 121 and 131 of the PPSA. Further, in accordance with section 148 of the PPSA, you waives your right to receive any financing statement or financing change statement from us.

12. Delay

12.1. We shall not be liable for failure delay in supply or delivery occasioned by a combination of workman lockout, act of god, shortage of stock, shortage of labour, delays in transit, legislative, governmental or other prohibitions or restrictions, fire, flood, hostilities, commotions, equipment failure, or other causes whatsoever (whether similar or not to the foregoing) beyond our reasonable control.

12.2. We shall not be liable for any act, omission, or failure to supply fabric by you, which may result in the late completion of an order. All costs incurred by us in order to ensure delivery on time will be met by you, if those costs occur outside our normal charge rates.

12.3. We will take reasonable steps to deliver within a reasonable time, or, if a specified delivery date is requested, on that date, nut will not be liable for the consequences of any failure to do so.