Birk goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonable foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
These terms apply to all goods and services ("Products") that a customer ("You") orders from Birk.
Birk's quote (a) is not an offer to supply Products (but you can place an order against it by signing the quote as an order and paying the deposit), (b) expires after 30 days if you do not place an order, and (c) is an estimate until final site measurement, when correct pricing will be determined
If Birk accepts your order, there is a contract as per the quote and these terms. These terms override anything else in the contract.
Where an extra charge is optional, Birk will obtain your approval before it is incurred. Where it is not optional (a) it will be reasonable but (b) Birk will notify you of the amount and you may cancel your contract within 2 business days
Birk will install child safety clips with window furnishings, as required by law
Changes to a product order, delivery date or arrangements at your request are only effective if (a) we agree in writing and (b) you accept any delay and extra charges that arise from your request
To proceed with an order, please sign your Birk quote and return / email a copy of ALL PAGES of the signed quote to your Birk consultant.
50% deposit is required to confirm your order (non-refundable).
50% payment when booking your installation date.
By Phone: 03 9464 54443
Please enter your Job Number as Payment Reference, then email the remittance to firstname.lastname@example.org
If installation is delayed Birk may invoice an extra charge for storage of goods (except if Birk caused the delay). Extra site visits to double check measurements or conditions may affect the price and delivery time.
These are good faith estimates only, and may be affected by factors beyond Birk's control. Subject to the consumer guarantees, delay is not a breach of the contract
Birk will supply products within a reasonable time (a) at the installation site in the quote or (b) if there is no installation site - from Birk's premises. Unless Birk agrees otherwise in writing, Birk supplies products (including installation) between 8am and 5pm on weekdays, except public holidays.
If you order products for premises that are rented, subject to an owners' corporation or otherwise owned or controlled by a third party, or where council permission is required for installation (a) you must advise Birk accordingly (b) you must provide written evidence of the consent or permission and (c) Birk may suspend the supply of products until you have done so, or require payment as per “If you are not ready for scheduled installation”.
Goods are (a) Birk's property until you have paid in full for them and (b) at your own risk when delivered to you or the installation site.
If products are ready for scheduled installation but you are not ready (eg. you do not have owners' corporation consent or your site is not prepared) Birk may require that you pay for the products (but not installation charges), take delivery and store them until you are ready for installation (when installation charges will be payable).
You must, at your cost (unless included in the quote) make the installation site clear, accessible, safe for Birk's team and structurally suitable for installation of products. Birk may suspend supply of products until you have done so, or have agreed to pay an extra charge to arrange it.
You must, at your own cost (unless included in the quote), remove and dispose of any existing window furnishings. Birk may suspend supply of products until you have done so, or have agreed to pay an extra charge to arrange it
You must, at your cost, arrange any initial or follow-up electrical works required for motorised blinds. Birk may suspend supply of products until you have done so, or have agreed to pay an extra charge to arrange it.
Rights and remedies for PDH goods and services If Birk supplies you with products ordinarily acquired for Personal, Domestic or Household use or consumption (abbreviated as "PDH"), you have extensive rights under the Australian Consumer Law ("ACL") including consumer guarantees ("Consumer Guarantees") and remedies.
NOTHING IN THESE TERMS LIMITS THOSE RIGHTS AND REMEDIES IN ANY WAY.
Rights and remedies for non-PDH goods costing no more than $40,000 If Birk supplies you with non-PDH products costing no more than $40,000, you have consumer guarantees under the ACL but: (a) in relation to goods, Birk's liability for failure to comply with a consumer guarantee (other than certain guarantees about ownership and undisturbed use) is limited to: (i) replacing the goods or supplying equivalent ones; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent ones; or (iv) paying the cost of having the goods repaired and (b) in relation to services, Birk's liability for failure to comply with a consumer guarantee is limited to: (i) supplying the services again; or (ii) paying the cost of having the services supplied again
If you fail to pay an amount when due: (a) Birk may charge interest at 2.5% per month (b) Birk may repossess products(before or after installation) (c) you indemnify Birk against any loss or expense (including legal expenses) Birk incurs in recovering payment or repossessing products and (d) Birk may suspend or terminate your contract.
You have the benefit of the consumer guarantees described by clause Consumer Guarentees. Subject to that, all other guarantees, warrantees, terms, conditions, rights and remedies in respect of products are excluded.
Subject to the consumer guarantees, these apply after the first anniversary of installation.
Subject to clauses 16 and 17, Birk is not liable to you for, and you release Birk from and indemnify Birk against, any harm, loss, damage, claim, demand, action (including without limitation, any indirect or consequential loss or damage) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of the supply or failure to supply products, including but not limited to by virtue of breach of contract or negligence by Birk or anyone for whose acts and omissions Birk is vicariously responsible
Subject to the consumer guarantees, Birk is not liable for any breach of contract to the extent that the breach is due to circumstances beyond Birk's reasonable control.
Your contract is governed by the laws and courts of the state where Birk supplies products to you, the exception being if Birk does not have a permanent showroom and/or staff in that state, the law and courts of Victoria apply.
Prices and charges include GST.