1. Definitions
    • Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
    • Easy Blinds” means Easy Blinds Limited T/A Easy Blinds, its successors and assigns or any person acting on behalf of and with the authority of Easy Blinds Limited T/A Easy Blinds.
    • Customer” means the person/s, entities or any person acting on behalf of and with the authority of the Customer requesting Easy Blinds to provide the Services as specified in any proposal, quotation, order, invoice or other documentation, and:
      • if there is more than one Customer, is a reference to each Customer jointly and severally; and
      • if the Customer is a partnership, it shall bind each partner jointly and severally; and
      • if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and
      • includes the Customer’s executors, administrators, successors and permitted assigns.
    • Goods” means all Goods or Services supplied by Easy Blinds to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
    • Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.
    • Cookies” means small files which are stored on a user’s computer.  They are designed to hold a modest amount of data (including personal information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Customer does not wish to allow Cookies to operate in the background when using Easy Blinds’ website, then the Customer shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.
    • Price” means the Price payable (plus any Goods and Services Tax (“GST”) where applicable) for the Goods as agreed between Easy Blinds and the Customer in accordance with clause 5

 

  1. Acceptance
    • The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
    • In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail.
    • Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
    • The Customer acknowledges that the supply of Goods on credit shall not take effect until the Customer has completed a credit application with Easy Blinds and it has been approved with a credit limit established for the account.
    • In the event that the supply of Goods requested exceeds the Customer’s credit limit and/or the account exceeds the payment terms, Easy Blinds reserves the right to refuse Delivery.
    • Where Easy Blinds gives any advice, recommendation, information, assistance or service provided by Easy Blinds in relation to Goods or Services supplied is given in good faith to the Customer, or the Customer’s agent and is based on Easy Blinds’ own knowledge and experience and shall be accepted without liability on the part of Easy Blinds. Where such advice or recommendations are not acted upon then Easy Blinds shall require the Customer or their agent to authorise commencement of the Services in writing. Easy Blinds shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
    • The Customer acknowledges and accepts that the supply of Goods for accepted orders may be subject to availability and if, for any reason, Goods are not or cease to be available, Easy Blinds reserves the right to vary the Price with alternative Goods as per clause 2, subject to prior confirmation and agreement of both parties.
    • Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 226 of the Contract and Commercial Law Act 2017 or any other applicable provisions of that Act or any Regulations referred to in that Act.

 

  1. Errors and Omissions
    • The Customer acknowledges and accepts that Easy Blinds shall, without prejudice, accept no liability in respect of any alleged or actual error(s) and/or omission(s):
      • resulting from an inadvertent mistake made by Easy Blinds in the formation and/or administration of this Contract; and/or
      • contained in/omitted from any literature (hard copy and/or electronic) supplied by Easy Blinds in respect of the Services.
    • In the event such an error and/or omission occurs in accordance with clause 1, and is not attributable to the negligence and/or wilful misconduct of Easy Blinds; the Customer shall not be entitled to treat this Contract as repudiated nor render it invalid.

 

  1. Change in Control
    • The Customer shall give Easy Blinds not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, change of trustees or business practice). The Customer shall be liable for any loss incurred by Easy Blinds as a result of the Customer’s failure to comply with this clause.

 

  1. Price and Payment
    • At Easy Blinds’ sole discretion the Price shall be either:
      • as indicated on any invoice provided by Easy Blinds to the Customer; or
      • the Price as at the date of delivery of the Goods according to Easy Blinds’ current price list; or
      • Easy Blinds’ quoted price (subject to clause 2) which will be valid for the period stated in the quotation or otherwise for a period of sixty (60) days.
    • Easy Blinds reserves the right to change the Price if a variation to Easy Blinds’ quotation is requested. Any variations from the scheduled Services or specifications of the Goods (including, but not limited to, the availability of stock, changes in design and measurements or increases to Easy Blinds in the cost of taxes, levies, materials and labour, delays in shipment etc.) will be charged for on the basis of Easy Blinds’ quotation, and will be detailed in writing, and shown as variations on Easy Blinds’ invoice. The Customer shall be required to respond to any variation submitted by Easy Blinds within ten (10) working days. Failure to do so will entitle Easy Blinds to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
    • At Easy Blinds’ sole discretion a non-refundable deposit of up to fifty perceint (50%) may be required for orders over three-hundred dollars ($300). For orders three-hundred dollars ($300) and under shall require payment in full.
    • Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Easy Blinds, which may be:
      • before delivery of the Goods;
      • for certain approved Customers, due twenty (20) days following the end of the month in which a statement is posted to the Customer’s address or address for notices;
      • the date specified on any invoice or other form as being the date for payment; or
      • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by Easy Blinds.
    • Payment may be made by cash on collection of the Goods, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge per transaction may apply), or by any other method as agreed to between the Customer and Easy Blinds.
    • Easy Blinds may in its discretion allocate any payment received from the Customer towards any invoice that Easy Blinds determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer Easy Blinds may re-allocate any payments previously received and allocated. In the absence of any payment allocation by Easy Blinds, payment will be deemed to be allocated in such manner as preserves the maximum value of Easy Blinds’ Purchase Money Security Interest (as defined in the PPSA) in the Goods.
    • The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Easy Blinds nor to withhold payment of any invoice because part of that invoice is in dispute.
    • Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to Easy Blinds an amount equal to any GST Easy Blinds must pay for any supply by Easy Blinds under this or any other contract for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Delivery of Goods
    • Delivery (“Delivery”) of the Goods is taken to occur at the time that:
      • the Customer or the Customer’s nominated carrier takes possession of the Goods at Easy Blinds’ address; or
      • Easy Blinds (or Easy Blinds’ nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address.
    • At Easy Blinds’ sole discretion the cost of delivery is in addition to the Price.
    • Easy Blinds may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
    • Any time specified by Easy Blinds for delivery of the Goods is an estimate only and Easy Blinds will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. However both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that Easy Blinds is unable to supply the Goods as agreed solely due to any action or inaction of the Customer, then Easy Blinds shall be entitled to charge a reasonable fee for redelivery and/or storage.

 

  1. Credit Card Information
    • Easy Blinds will:
      • keep the Customer’s personal details, including credit card details for only as long as is deemed necessary by Easy Blinds;
      • not disclose the Customer’s credit card details to any third party;
      • not unnecessarily disclose any of the Customer’s Personal Information, except is accordance with the Privacy Policy (clause 23) or where required by law.
    • The Customer expressly agrees that, if pursuant to this Contract, there are:
      • any unpaid charges;
      • other amounts due and outstanding by the Customer; or
      • any Goods supplied on trial that are lost or damaged;
    • Easy Blinds is entitled to immediately charge the Customer’s nominated credit card for these amounts, and is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer any and all amounts which may be due by the Customer pursuant to the terms of this Contract

 

  1. On-Line Ordering
    • The Customer acknowledges and agrees that:
      • Easy Blinds does not guarantee the website’s performance;
      • display on the website does not guarantee the availability of any particular Goods; therefore, all orders placed through the website shall be subject to confirmation of acceptance by Easy Blinds; and
      • on-line ordering may be unavailable from time to time for regularly scheduled maintenance and/or upgrades; and
      • there are inherent hazards in electronic distribution, and as such Easy Blinds cannot warrant against delays or errors in transmitting data between the Customer and Easy Blinds including orders, and the Customer agree that to the maximum extent permitted by law, Easy Blinds will not be liable for any losses which the Customer suffers as a result of online-ordering not being available or for delays or errors in transmitting orders; and
      • when making a transaction through the website, the Customer’s information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that the Customer’s information cannot be read by or altered by outside influences; and
      • if the Customer is not the cardholder for any credit card being used to pay for the Goods, Easy Blinds shall be entitled to reasonably assume that the Customer has received permission from the cardholder for use of the credit card for the transaction.
    • Easy Blinds reserves the right to terminate the Customer’s order if it learns that you have provided false or misleading information, interfered with other users or the administration of Easy Blinds’ business, or violated these terms and conditions.

 

  1. Risk
    • Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
    • If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Easy Blinds is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Easy Blinds is sufficient evidence of Easy Blinds’ rights to receive the insurance proceeds without the need for any person dealing with Easy Blinds to make further enquiries.
    • Where Easy Blinds is required to install the Goods the Customer warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Easy Blinds shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
    • The Customer acknowledges and accepts that:
      • Goods supplied may exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over tim; and
      • whilst fabric and component manufacturers make every effort to match dye lots, paints, weaves, colours or shades, these may vary between batches of product and/or between sale samples and the actual Goods supplied; and
      • fabric and component manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when installed; and
      • the manufacturing process for blinds, awnings and the like may require seams and cross-joins and that the appearance of these may be affected by light source and in particular the construction of the chosen product. The Customer shall accept that some mismatching of patterned fabric may result due to the inherent nature of fabric as mentioned in the above clauses; and
      • fabric flaws, ripples or marks will be considered viewed from at least one (1) metre of distance in an even light; and
      • painted and powder coated surfaces will have a uniform appearance in colour and texture when viewed from at least one (1) metre of distance in an even light; and
      • all powder coated and painted surfaces shall be free of excessive scratches that penetrate through the layers of coatings to the bare metal or surface below as per accepted industry standards.
    • The Customer accepts that with the nature of fabric, the finished Goods may not roll up or sit level in either the up or down positions. Although Easy Blinds shall endeavour to fit the Goods to the best possible placement, the Customer shall accept that framing that the Goods are being attached to may not be square and/or plumb.
    • The Customer accepts that tension on fabric (in particular applying to Ziptrak and Zipscreen blinds) may cause some rippling and this is considered accepted industry standards.

 

  1. Moiré Effect
    • The Moiré Effect is a visual perception that can occur when viewing a set of lines or dots which is superimposed on another set of lines or dots. It can be seen when looking through blinds at another screen or background, such as when blinds may cross over in front of each other, and may cause an adverse reaction in some people (including, but not limited to, those affected by epilepsy). The Customer acknowledges that Easy Blinds accepts no liability in the event of such adverse reaction, and that Easy Blinds shall not be responsible for replacing the Goods or refunding the customer for such a reason.

 

  1. Accuracy of Customer’s Plans and Measurements
    • Easy Blinds shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, Easy Blinds accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
    • In the event the Customer gives information relating to measurements and quantities of the Goods required to complete the Services, it is the Customer’s responsibility to verify the accuracy of the measurements and quantities, before the Customer or Easy Blinds places an order based on these measurements and quantities. Easy Blinds accepts no responsibility for any loss, damages, or costs however resulting from the Customer’s failure to comply with this clause.

 

  1. Specifications
    • The Customer acknowledges that all descriptive specifications, illustrations, dimensions and weights stated in Easy Blinds’ or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Customer shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by Easy Blinds.

 

  1. Access
    • The Customer shall ensure that Easy Blinds has clear and free access to the work site at all times to enable them to undertake the Services. Easy Blinds shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of Easy Blinds.
  2. Compliance with Laws
    • The Customer and Easy Blinds shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services, including any WorkSafe health and safety laws relating or any other relevant safety standards or legislation pertaining to the Services.
    • Where the Customer has supplied materials for Easy Blinds to complete the Services, the Customer acknowledges that it accepts responsibility for the suitability of purpose, quality and any faults inherent in those materials. However, if in Easy Blinds’ opinion, it is believed that the materials supplied will not conform to the state regulations, then Easy Blinds shall be entitled, without prejudice, to halt the Services until the appropriate conforming materials are sourced and all costs associated with such a change to the plans will be invoiced in accordance with clause 2.

 

  1. Title
    • Easy Blinds and the Customer agree that ownership of the Goods shall not pass until:
      • the Customer has paid Easy Blinds all amounts owing to Easy Blinds; and
      • the Customer has met all of its other obligations to Easy Blinds.
    • Receipt by Easy Blinds of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    • It is further agreed that until ownership of the Goods passes to the Customer in accordance with clause 1:
      • the Customer is only a bailee of the Goods and must return the Goods to Easy Blinds on request.
      • the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Easy Blinds and must pay to Easy Blinds the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
      • the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Easy Blinds and must pay or deliver the proceeds to Easy Blinds on demand.
      • the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Easy Blinds and must sell, dispose of or return the resulting product to Easy Blinds as it so directs.
      • the Customer irrevocably authorises Easy Blinds to enter any premises where Easy Blinds believes the Goods are kept and recover possession of the Goods.
      • Easy Blinds may recover possession of any Goods in transit whether or not delivery has occurred.
      • the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Easy Blinds.
      • Easy Blinds may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.

 

  1. Personal Property Securities Act 1999 (“PPSA”)
    • Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that:
      • these terms and conditions constitute a security agreement for the purposes of the PPSA; and
      • a security interest is taken in all Goods and/or collateral (account) – being a monetary obligation of the Customer to Easy Blinds for Services – that have previously been supplied and that will be supplied in the future by Easy Blinds to the Customer.
    • The Customer undertakes to:
      • sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Easy Blinds may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
      • indemnify, and upon demand reimburse, Easy Blinds for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register or releasing any Goods charged thereby;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods and/or collateral (account) in favour of a third party without the prior written consent of Easy Blinds; and
      • immediately advise Easy Blinds of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
    • Easy Blinds and the Customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
    • The Customer waives its rights as a debtor under sections 116, 120(2), 121, 125, 126, 127, 129, and 131 of the PPSA.
    • Unless otherwise agreed to in writing by Easy Blinds, the Customer waives its right to receive a verification statement in accordance with section 148 of the PPSA.
    • The Customer shall unconditionally ratify any actions taken by Easy Blinds under clauses 1 to 16.5.
    • Subject to any express provisions to the contrary (including those contained in this clause 16), nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    • In consideration of Easy Blinds agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    • The Customer indemnifies Easy Blinds from and against all Easy Blinds’ costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Easy Blinds’ rights under this clause.
    • The Customer irrevocably appoints Easy Blinds and each director of Easy Blinds as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 17 including, but not limited to, signing any document on the Customer’s behalf.

 

 

  1. Defects
    • The Customer shall inspect the Goods immediately on delivery and shall within twelve (12) hours of delivery (time being of the essence) notify Easy Blinds of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford Easy Blinds 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 Easy Blinds has agreed in writing that the Customer is entitled to reject, Easy Blinds’ liability is limited to either (at Easy Blinds’ discretion) replacing the Goods or repairing the Goods.
    • The Customer acknowledges and accepts that the Customer shall inspect the Goods immediately on delivery before signing any acceptance forms from Easy Blinds or Easy Blinds’ nominated carrier (including, but not limited to, couriers etc.). The Goods shall be presumed as free from defects upon signing of any acceptance forms.
    • Goods will not be accepted for return other than in accordance with 1 above, and provided that:
      • Easy Blinds has agreed in writing to accept the return of the Goods; and
      • the Goods are returned at the Customer’s cost within five (5) days of the delivery date; and
      • Easy Blinds will not be liable for Goods which have not been stored or used in a proper manner; and
      • 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.
    • Easy Blinds will not accept the return of Goods for credit.

 

  1. Warranty
    • Subject to the conditions of warranty set out in clause 2 Easy Blinds warrants that if any defect in any workmanship of Easy Blinds becomes apparent and is reported to Easy Blinds within three (3) years of the date of delivery (time being of the essence) then Easy Blinds will either (at Easy Blinds’ sole discretion) replace or remedy the workmanship.
    • The conditions applicable to the warranty given by clause 1 are:
      • the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
        • failure on the part of the Customer to properly maintain any Goods; or
        • failure on the part of the Customer to follow any instructions or guidelines provided by Easy Blinds; or
        • any use of any Goods otherwise than for any application specified on a quote or order form; or
        • the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
        • fair wear and tear, any accident or act of God.
      • the warranty shall cease and Easy Blinds shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Easy Blinds’ consent.
      • in respect of all claims Easy Blinds 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.
    • For Goods not manufactured by Easy Blinds, the warranty shall be the current warranty provided by the manufacturer of the Goods. Easy Blinds 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.

 

  1. Consumer Guarantees Act 1993
    • 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 (“CGA”) do not apply to the supply of Goods by Easy Blinds to the Customer.

 

  1. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Easy Blinds’ sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer owes Easy Blinds any money the Customer shall indemnify Easy Blinds from and against all costs and disbursements incurred by Easy Blinds in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Easy Blinds’ collection agency costs, and bank dishonour fees).
    • Further to any other rights or remedies Easy Blinds may have under this Contract, if a Customer has made payment to Easy Blinds, and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Easy Blinds under this clause 21 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.
    • Without prejudice to Easy Blinds’ other remedies at law Easy Blinds shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Easy Blinds shall, whether or not due for payment, become immediately payable if:
      • any money payable to Easy Blinds becomes overdue, or in Easy Blinds’ opinion the Customer will be unable to make a payment when it falls due;
      • the Customer has exceeded any applicable credit limit provided by Easy Blinds;
      • the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

 

  1. Cancellation
    • Without prejudice to any other remedies Easy Blinds may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Easy Blinds may suspend or terminate the supply of Goods to the Customer. Easy Blinds will not be liable to the Customer for any loss or damage the Customer suffers because Easy Blinds has exercised its rights under this clause.
    • Easy Blinds 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 Easy Blinds shall repay to the Customer any money paid by the Customer for the Goods. Easy Blinds shall not be liable for any loss or damage whatsoever arising from such cancellation.
    • 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 Easy Blinds as a direct result of the cancellation (including, but not limited to, any loss of profits).
    • 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.

 

  1. Privacy Policy
    • All emails, documents, images or other recorded information held or used by Easy Blinds is Personal Information as defined and referred to in clause 3 and therefore considered confidential. Easy Blinds acknowledges its obligation in relation to the handling, use, disclosure and processing of Personal Information pursuant to the Privacy Act 1993 (“the Act”) including Part II of the OECD Guidelines and as set out in Schedule 5A of the Act and any statutory requirements where relevant in a European Economic Area “EEA” under the EU Data Privacy Laws (including the General Data Protection Regulation “GDPR”) (collectively, “EU Data Privacy Laws”). Easy Blinds acknowledges that in the event it becomes aware of any data breaches and/or disclosure of the Customer’s Personal Information, held by Easy Blinds that may result in serious harm to the Customer, Easy Blinds will notify the Customer in accordance with the Act and/or the GDPR.  Any release of such personal information must be in accordance with the Act and the GDPR (where relevant) and must be approved by the Customer by written consent, unless subject to an operation of law.
    • Notwithstanding clause 1, privacy limitations will extend to Easy Blinds in respect of Cookies where the Customer utilises Easy Blinds’ website to make enquiries. Easy Blinds agrees to display reference to such Cookies and/or similar tracking technologies, such as pixels and web beacons (if applicable), such technology allows the collection of Personal Information such as the Customer’s:
      • IP address, browser, email client type and other similar details;
      • tracking website usage and traffic; and
      • reports are available to Easy Blinds when Easy Blinds sends an email to the Customer, so Easy Blinds may collect and review that information (“collectively Personal Information”)

If the Customer consents to Easy Blinds’ use of Cookies on Easy Blinds’ website and later wishes to withdraw that consent, the Customer may manage and control Easy Blinds’ privacy controls via the Customer’s web browser, including removing Cookies by deleting them from the browser history when exiting the site.

  • The Customer authorises Easy Blinds or Easy Blinds’ agent to:
    • access, collect, retain and use any information about the Customer;
      • (including, name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history or any overdue fines balance information held by the Ministry of Justice) for the purpose of assessing the Customer’s creditworthiness; or
      • for the purpose of marketing products and services to the Customer.
    • disclose information about the Customer, whether collected by Easy Blinds from the Customer directly or obtained by Easy Blinds from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Customer.
  • Where the Customer is an individual the authorities under clause 3 are authorities or consents for the purposes of the Privacy Act 1993.
  • The Customer shall have the right to request (by e-mail) from Easy Blinds, a copy of the Personal Information about the Customer retained by Easy Blinds and the right to request that Easy Blinds correct any incorrect Personal Information.
  • Easy Blinds will destroy Personal Information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this Contract or is required to be maintained and/or stored in accordance with the law.
  • The Customer can make a privacy complaint by contacting Easy Blinds via e-mail. Easy Blinds will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within twenty (20) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at http://www.privacy.org.nz/comply/comptop.html.

 

  1. Service of Notices
    • Any written notice given under this Contract shall be deemed to have been given and received:
      • by handing the notice to the other party, in person;
      • by leaving it at the address of the other party as stated in this Contract;
      • by sending it by registered post to the address of the other party as stated in this Contract;
      • if sent by facsimile transmission to the fax number of the other party as stated in this Contract (if any), on receipt of confirmation of the transmission;
      • if sent by email to the other party’s last known email address.
    • Any notice that is posted shall be deemed to have been served, unless the contrary is shown, at the time when by the ordinary course of post, the notice would have been delivered.

 

  1. Trusts
    • If the Customer at any time upon or subsequent to entering in to the Contract is acting in the capacity of trustee of any trust (“Trust”) then whether or not Easy Blinds may have notice of the Trust, the Customer covenants with Easy Blinds as follows:
      • the Contract extends to all rights of indemnity which the Customer now or subsequently may have against the Trust and the trust fund;
      • the Customer has full and complete power and authority under the Trust to enter into the Contract and the provisions of the Trust do not purport to exclude or take away the right of indemnity of the Customer against the Trust or the trust fund. The Customer will not release the right of indemnity or commit any breach of trust or be a party to any other action which might prejudice that right of indemnity.
      • the Customer will not without consent in writing of Easy Blinds (Easy Blinds will not unreasonably withhold consent), cause, permit, or suffer to happen any of the following events;
        • the removal, replacement or retirement of the Customer as trustee of the Trust;
        • any alteration to or variation of the terms of the Trust;
        • any advancement or distribution of capital of the Trust; or
        • any resettlement of the trust property.

 

  1. General
    • The failure by either party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    • These terms and conditions and any contract to which they apply shall be governed by the laws of New Zealand and are subject to the jurisdiction of the Auckland Courts of New Zealand.
    • Except to the extent permitted by law “CGA”, Easy Blinds shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Easy Blinds of these terms and conditions (alternatively Easy Blinds’ liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
    • Easy Blinds may licence and/or assign all or any part of its rights and/or obligations under this Contract without the Customer’s consent.
    • The Customer cannot licence or assign without the written approval of Easy Blinds.
    • Easy Blinds may elect to subcontract out any part of the Services but shall not be relieved from any liability or obligation under this Contract by so doing. Furthermore, the Customer agrees and understands that they have no authority to give any instruction to any of Easy Blinds’ sub-contractors without the authority of Easy Blinds.
    • The Customer agrees that Easy Blinds may amend their general terms and conditions for subsequent future contracts with the Customer by disclosing such to the Customer in writing. These changes shall be deemed to take effect from the date on which the Customer accepts such changes, or otherwise at such time as the Customer makes a further request for Easy Blinds to provide Goods to the Customer.
    • Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    • Both parties warrant that they have the power to enter into this Contract and have obtained all necessary authorisations to allow them to do so, they are not insolvent and that this Contract creates binding and valid legal obligations on them.