B&W WINDOWS (RESIDENTIAL) PTY LTD
ACN 164 323 380 | ABN 36 164 323 380 | Contractor Licence 262813C | 02 9540 2500 | www.bwwindows.com.au
TERMS OF TRADE | SUPPLY ONLY
1.DEFINITIONS AND PARTIES
1.1"B&W" means B&W Windows (Residential) Pty Ltd ACN 164 323 380.
1.2"Client" means the person, persons or company named in the quotation. Where there is more than one, each is jointly and severally liable.
1.3"Goods" means the windows, doors, glass, screens, hardware and materials supplied by B&W as described in the quotation. "Contract Price" means the quoted price, as varied under clause 10.
2.CONTRACT DOCUMENTS
2.1The contract consists of, in order of priority: the production sheet signed by the Client; the quotation; and these Terms of Trade.
2.2Measurements and specifications in the signed production sheet prevail over the quotation.
3.PRICE AND PAYMENT
3.1The Client must pay the Contract Price as follows:
(a)50% deposit before the job is put into production; and
(b)50% on delivery, before the Goods are unloaded.
3.2B&W is not obliged to order materials or begin production until the deposit has been received in full in cleared funds.
3.3Payment may be made by EFT, bank cheque, cash, or Visa, Mastercard or eftpos card, with no card surcharge. B&W does not accept American Express. EFT and cheque payments must be cleared funds before delivery.
4.LATE PAYMENT
4.1Any amount not paid by its due date bears interest at 18% per annum, calculated daily from the due date until paid.
4.2B&W may charge an administration fee, as determined by B&W, for each overdue notice issued.
4.3While any amount is overdue, B&W may suspend delivery, production and any other work by written notice, and is not liable for any resulting delay.
4.4The Client must pay all of B&W’s costs of recovering any overdue amount, including collection agency commissions and legal costs on an indemnity basis. Overdue accounts may be referred to a debt collection agency.
5.OWNERSHIP, RISK AND SECURITY
5.1Ownership of the Goods remains with B&W until the Contract Price and all other amounts owing to B&W are paid in full, whether or not the Goods have been delivered or installed.
5.2If any payment is overdue, the Client irrevocably authorises B&W to enter the site to recover the Goods, and releases B&W from any claim for damage reasonably caused in doing so. The cost of recovery is added to the amount owing.
5.3Risk in the Goods passes to the Client on delivery. Goods collected from B&W, or delivered to an unattended site at the Client’s request, are at the Client’s sole risk.
5.4B&W may register its interest in the Goods under the Personal Property Securities Act 2009 (Cth). To the extent the law permits, the Client waives its right to receive any notice under that Act.
5.5Where the Client is a company, the person who signs or accepts these Terms of Trade on its behalf personally guarantees the Client’s obligations to B&W.
5.6Glazing and compliance certificates and warranty documents are released only on full payment.
6.MEASUREMENTS AND PRODUCTION
6.1Measurements supplied by the Client are at the Client’s risk, and B&W is not responsible for their accuracy.
6.2The Client is responsible for confirming sizes, configuration, opening direction, glass and colour by signing the production sheet. B&W is not responsible for any error in a production sheet signed by the Client.
6.3No changes are accepted after the production sheet is signed unless agreed by B&W in writing. Any accepted change is charged under clause 16 and may extend the lead time.
7.DELIVERY AND STORAGE
7.1Delivery includes offloading from the truck only. Carrying more than 5 metres and all vertical lifting are by the Client.
7.2The Contract Price includes the number of deliveries stated in the quotation. Each additional delivery, whether at the Client’s request, in stages, or because the site or the Client’s program is not ready, is charged under clause 16.
7.3If the delivery payment is not received, or the Client does not accept delivery on the scheduled date, B&W may hold the Goods at the Client’s risk and charge storage of 1% of the Contract Price per week or part week from the scheduled delivery date, together with redelivery charges under clause 16.
8.INSTALLATION BY THE CLIENT
8.1The Client is responsible for installation, including frames, panels, flyscreens and adjustment. Frames and panels are supplied separately, and large frames are supplied knocked down for the Client to assemble.
8.2Subsills are supplied loose and uncapped, and sealing them is the Client’s responsibility. B&W is not responsible for a leaking subsill.
8.3Any attendance or maintenance required because of the Client’s installation is charged under clause 16.
8.4Site glazing is arranged only after full payment, on 4 weeks written notice from the Client.
8.5Unless stated in the quotation, the following are not included: restrictors; keying of any kind; extra keys; shop drawings and rights to them; and protection of windows and doors.
9.LEAD TIMES
9.1Lead times are estimates only and are not guaranteed. The average lead time is 4 to 6 weeks from the later of signing of the production sheet and receipt of the deposit.
9.2B&W is not liable for any loss, cost or damage caused by delay, and delay does not entitle the Client to cancel the contract or withhold any payment.
10.VARIATIONS
10.1Any variation must be in writing and signed by the Client and B&W, together with the agreed increase or reduction in the Contract Price.
11.WARRANTY
11.1B&W warrants the Goods for 1 year on moving parts and 6 years on manufacture. Warranties are not valid until full payment is received.
11.2Glass breakage, including spontaneous breakage of toughened glass, is not covered by B&W’s warranty. All glass is taken to be free of cracks, chips and breakage on delivery unless noted under clause 13.1.
11.3B&W is responsible for the waterproofing of its own windows and doors only, and is not responsible for water entry caused by installation, flashing, waterproofing or structure provided by others.
11.4B&W is not responsible for slight variations in powder coat colour, any variation in anodising, or rust or tea staining of stainless steel hardware in coastal areas. Marks and scratches are assessed under the relevant Australian Standard.
11.5B&W’s warranty does not cover faults caused by installation, adjustment or maintenance by others, and is void for any window or door that has been altered, repaired or reglazed by anyone other than B&W.
12.WARRANTY SERVICE AND PAYMENT
12.1B&W will not attend, inspect or carry out any warranty, maintenance or service work while any amount owing to B&W is unpaid.
12.2Any amount owing to B&W, including interest and recovery costs, is deducted from the value of any warranty claim before B&W carries out any work or pays anything.
12.3If B&W attends a warranty request and the cause is found not to be a defect in B&W’s Goods, the attendance is charged under clause 16.
13.DEFECTS
13.1The Client must inspect the Goods on delivery and note any visible damage or shortage on the delivery docket. Any other defect must be notified to B&W in writing within 7 days of delivery and before installation.
13.2Goods once installed are taken to be accepted as free of visible defects, damage and shortage. The Client must give B&W a reasonable opportunity to inspect any suspected defect before the item is removed, repaired or disturbed.
14.LIABILITY
14.1To the extent permitted by law, B&W’s liability is limited to repairing or replacing the Goods, and B&W is not liable for any indirect or consequential loss, including installation, removal or reinstallation costs.
14.2Nothing in these Terms of Trade excludes, restricts or modifies any right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Any clause that would otherwise have that effect applies only to the extent the law permits.
15.CANCELLATION
15.1The deposit is non refundable and is forfeited if the Client cancels. The Client must also pay the cost of materials ordered or committed, the value of work done, and B&W’s loss of profit on the balance of the Contract Price, to the extent these exceed the deposit.
15.2If the Client cancels after manufacture is complete, the Client must pay the Contract Price in full.
16.ADDITIONAL CHARGES
16.1The Client agrees to pay B&W’s additional charges, as determined by B&W, for:
(a)additional deliveries and redelivery;
(b)changes after signing of the production sheet, including materials already cut or ordered;
(c)attendance or maintenance required because of the Client’s installation;
(d)warranty attendance where the cause is not a defect in B&W’s Goods; and
(e)any other cost B&W incurs because of the Client’s delay, default or request.
16.2Additional charges and storage are payable on invoice.
17.GENERAL
17.1The Client accepts these Terms of Trade by signing the quotation, the production sheet or these Terms of Trade, or by paying the deposit, whichever occurs first. They can only be amended with the written consent of B&W.
17.2Notices may be given by email to the addresses in the quotation.
17.3Before commencing proceedings, other than to recover an overdue amount, a party must give the other written notice of the dispute and 10 business days to resolve it.
17.4These Terms of Trade are governed by the laws of New South Wales. If any clause is void or unenforceable, it is severed and the remaining clauses continue in force.
ACCEPTANCE The Client has read and accepts these Terms of Trade.
Client name
Signature (for the Client and as guarantor)
Date
B&W Windows (Residential) Pty Ltd | Terms of Trade | Supply Only | Version 6 | Effective 01 October 2026 | Page 1 of 1