Terms & Conditions
Terms & Conditions
Names: Any reference to Lusso in these terms and conditions refers to any of the Lusso Companies.
Application of Terms: Unless otherwise agreed in writing, these terms apply to all orders placed with Lusso. Lusso reserves the right to alter these terms from time to time without notice to any client.
Authority to Order: Lusso shall not be bound by any order and or payment of 50% deposit, and reserves the right to reject an order.
Payments: All goods and services ordered will not be accepted unless accompanied by signed last page of Lusso quote or a purchase order and 50% deposit. Lusso will not place orders with suppliers until the deposit is received. A further 40% is payable upon booking of installation with the remaining 10% to be paid prior to or on installation date. Warranty of all goods and services will not apply until full payment is received by Lusso.
Variations: Requests for variation of orders must be communicated to Lusso in writing. Lusso may accept or reject such requests as its discretion and variations may require quote and may be chargeable.
Changes to Product Specifications: An order is accepted on the basis that the customer fully understands the nature of the product, fabric, colours, control positions, blind fixing positions and the fabric coverage in relation to gaps. Any variation in application specification, requested by the customer, will be charged to the customer and unless otherwise stated, warranty will not apply.
Cancellation: No order may be cancelled without the prior written consent of Lusso, which may be granted or rejected at its discretion. Any deposit held in respect of a cancelled order may be withheld in part or full at the discretion of Lusso.
Customer Supplied Materials: Lusso accepts no responsibility for the performance of any materials (i.e. fabric) supplied by the customer. This includes any problems associated with interfacing with Lusso supplied materials. The customer is responsible for all materials and labour costs of remedying flaws in finished goods.
Date of Delivery: Lusso accepts no responsibility for anticipated dispatch dates given by our suppliers. Lusso will not accept claim for liability from any party for any failure to meet the specified date or for any loss, damage or delay occasioned to any party arising from late or non-delivery. Lusso has the right to suspend delivery of any order/product at its discretion.
Ownership of Goods: Ownership of goods supplied will not pass to the customer until payment in full or all sums due to Lusso for the goods and services involved. Warranty on goods supplied and installed is not effective until clear payment in full is received by Lusso.
Repossession of Goods: If payment in full is not made to Lusso by the due date, the customer irrevocably grants to Lusso full and free license to enter the site where the goods are for the purpose of repossession and removal. The customer releases and indemnifies Lusso from and against all claims, demands, actions, liability, damages, loss, cost and expense arising out of or in consequence of such entry, repossession and removal and any damage necessarily caused thereby. All legal costs associated with the same are recoverable by Lusso from the customer.
Risk and Insurance: All goods will be at the customer’s risk in all respects from the time of their delivery.
Preparation for Installation: The customer is responsible for ensuring that its site has adequate and safe access for delivery and installation of the goods. Fixing points must be adequate for proper and secure installation of goods. If Lusso deem fixing points inadequate it will not accept liability for goods not functioning properly or coming loose from fixing points. Warranty will also not apply. Any subsequent service call will be chargeable to the customer.
Ancillary Works: The customer is solely responsible for all ancillary work required and costs incurred including (without limitation) electrical work, provision of satisfactory fixing points for awnings, blinds and curtains, scaffold hire unless such work is detailed in writing on order.
Hidden Obstructions and Indemnity: The customer must advise Lusso of any hidden obstruction including (without limitation) electricity, telephone cables, water, gas pipes, that may be encountered during installation. Whilst Lusso will take all reasonable care during installation, it shall not be liable for any damage that may arise to any structure, surface or service.
Manufactures Warranty: Lusso warrants its installation for 12 months. Lusso supplied products are warranted under the products manufactures warrantees. Lusso’s manufactures warrant each product whether fabric, componentary or finished blinds, supplied by it to Lusso, to be free from defects in materials or workmanship under normal and proper use. The warrantee is as provided by our supplier, commencing from invoice date and is only valid when payment in full is received. Warranty does not apply to products misused. Misuse can be determined by the service technician and or a manufacturer’s representative. Lusso will not be liable for any expenses incurred in returning the product to the manufacturer nor for any subsequent installation or removal costs. Our manufacturer’s warranties range from 12 months to 7 years depending on which system, components or fabric is purchased. Lusso’s Manufacturers’ will repair or replace their products if defective within a reasonable period of time upon receipt of relevant purchase receipt along with defective product. Manufacturers warranty does not cover damage caused by weather. Written evidence of the purchase and payment date must be provided if requested. Warranty does NOT apply to (a) any materials supplied by the customer, (b) any faults or failure due to any event or circumstances beyond the control of Lusso that occurs after delivery or installation of the goods, (c) any faults or failure due to lack of proper and correct maintenance (d) any alterations to the goods.
Transfer of Warranty: Warranty is made to the original owner and is not transferrable.
Limitation of Liability: (a) Except as provided herein or prohibited by law, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness or the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded and Lusso shall not be liable for physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of Lusso arising out of Lusso’s negligence in any way. (b) Where permitted by the Trade Practices Act 1974, Lusso’s liability for breach of a condition or warranty implied by the Trade Practices Act is hereby limited to:
i. In the case of goods, any one or more of the following: the replacement of the goods or equivalent, the payment of the cost of replacing the goods or of acquiring equivalent goods, the repair of the goods or the payment of the cost of having the goods repaired; and
ii. In the case or services, the resupply of the services or payment of the cost of having the services supplied again. Lusso’s liability under 74H of the Trade Practices Act is expressly limited to a liability to pay the customer an amount equal to the cost of replacing the goods or the cost of obtaining equivalent goods or the cost of having the goods repaired, whichever is the lowest.
Installation Charges: If a scheduled installation could not take place due to the site not being ready, not being able to gain access, final finishes applied, services not in place in indeed items of that nature, then additional charges may be incurred and will be the responsibility of the customer.
Changes to Site Conditions: Orders are accepted on the basis that conditions at the site are unchanged from time of measure. Additional charges for changes will be incurred by the customer.
Governing Law: The contract for sale to which these terms relate shall be governed and construed in accordance with the laws for the time being in force in the State of Queensland, Australia and the parties agree to the exclusive jurisdiction of the Courts and Tribunals of the State.
Automation: Lusso is able to provide a consultation service for automation integration. This is available by way of separate agreement.
Lusso reserves the right to change its terms and conditions without notice.
