Terms & Conditions

YOUR PROJECT STORE TERMS & CONDITIONS

1. Interpretation

In these conditions:

(1) ‘Your Project Store’ means (us) Your Project Store Pty Ltd (ABN) 40 653 075 800

of 31 Progress St, Mornington, 3931 which is the seller of the goods.

(2) ‘Buyer’ means (you) the purchaser of the goods specified in the purchaser order.

(3) ‘Goods’ means any goods supplied by Your Project Store to the Buyer.

(4) Nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Trade Practices Act 1974) and which by law cannot be excluded, restricted or modified.

2. General

These conditions (which shall only be waived in writing signed by Your Project Store) shall prevail over all conditions of the buyer’s order to the extent of any inconsistency.

3. Terms of sale

The goods and all other products sold by Your Project Store are sold on these terms and conditions.

(a) If you are under age eighteen (18) years old, you cannot place orders with Your Project Store. By accepting these Terms and Conditions, you acknowledge that you are over the age of eighteen (18) years. Should Your Project Store suffer any damage or other losses as a result of a transaction entered into by a minor, Your Project Store reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Your Project Store.

4. Your Project Store’s quotations

Unless previously withdrawn, Your Project Store’s quotations are open for acceptance within the period stated in them or, when no period is so stated, within 30 days only after its date. Your Project Store reserves the right to refuse any order based on any quotation within 7 days after the receipt of the order.

5. Shortage

The buyer waives any claim for shortage of any goods delivered if a claim in respect of short delivery has not been lodged with Your Project Store within seven (7) days from the date of receipt of goods by the buyer.

6. Drawings, etc.

(a) All specifications, drawings, and particulars of weights and dimensions provided by Your Project Store are approximate only, and any deviation from any of these things does not vitiate any contract with Your Project Store or form grounds for any claim against Your Project Store.

(b) The descriptions, illustrations, diagrams, and performances contained in catalogues, price lists, and other advertising matter do not form part of the contract of sale of the goods or of the description applied to the goods.

(c) Where specifications, drawings, or other particulars are supplied by the buyer, Your Project Store’s price is made on estimates of quantities required. Any adjustments in quantities above or below the quantities estimated by Your Project Store and set out in a quotation are to be adjusted on a unit rate basis according to unit prices set out in this document or in the quotation.

7. Performance

Any performance figures given by Your Project Store are estimates only. Your Project Store is under no liability for damages for failure of the goods to attain such figures unless specifically guaranteed in writing. Any such written guarantees are subject to the recognized tolerances applicable to such figures.

8. Delivery

(a) The delivery times made known to the buyer are estimates only, and Your Project Store is not liable for late delivery or non-delivery.

(b) Your Project Store is not liable for any loss, damage, or delay occasioned to the buyer or its customers arising from late or non-delivery or late installation of the goods.

(c) Your Project Store may, at its option, deliver the goods to the buyer in any number of installments unless there is an endorsement in the purchase order to the effect that the buyer will not take delivery by installments.

(d) If Your Project Store delivers any of the goods by installments, and any one of those installments is defective for any reason:

(1) it is not a repudiation of the contract of sale formed by these conditions; and

(2) the defective installment is a severable breach that gives rise only to a claim for compensation.

9. Loss or damage in transit

Your Project Store is not responsible to the buyer or any person claiming through the buyer for any loss or damage to goods in transit caused by any event of any kind by any person (whether or not Your Project Store is legally responsible for the person who caused or contributed to that loss or damage).

10. Guarantee

(1) Your Project Store’s liability for any goods manufactured by it is limited to making good any defects by repairing the defects or at Your Project Store’s option by replacement, within a period not exceeding twelve (12) calendar months after the goods have been dispatched so long as:

(a) defects have arisen solely from faulty materials or workmanship;

(b) the goods have not received maltreatment, inattention, or interference;

(c) the goods have not been incorrectly installed by the Buyer;

(d) accessories of any kind used by the buyer are manufactured by or approved by Your Project Store;

(e) the seals of any kind on the goods remain unbroken; and

(f) the defective parts are promptly returned free of cost to Your Project Store.

(2) If the goods are not manufactured by Your Project Store, the guarantee of the manufacturer of those goods is accepted by the buyer and is the only guarantee given to the buyer in respect of the goods. Your Project Store agrees to assign to the buyer, upon request made by the buyer, the benefit of any warranty or entitlement to the goods that the manufacturer has granted to Your Project Store under any contract or by implication or operation of law to the extent that the benefit of any warranty or entitlement is assignable.

(3) Your Project Store is not liable for and the buyer releases Your Project Store from any claims in respect of faulty or defective design of any goods supplied unless such design has been wholly prepared by Your Project Store, and the responsibility for any claim has been specifically accepted by Your Project Store in writing. In any event, Your Project Store’s liability under this paragraph is limited strictly to the replacement of defective parts in accordance with paragraph 10(1) of these conditions.

(4) Except as provided in these conditions, all express and implied warranties, guarantees, and conditions under statute or general law as to merchantability, description, quality, suitability, or fitness of the goods for any purpose or as to design, assembly, installation, materials, or workmanship or otherwise are expressly excluded. Your Project Store is not 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 the goods or arising out of Your Project Store’s negligence or in any way whatsoever.

11. Your Project Store’s liability for a breach of a condition or warranty implied by Div 2 of Pt V of the Trade Practices Act 1974 (other than s 69) is limited to:

(1) in the case of goods, any one or more of the following:

(a) the replacement of the goods or the supply of equivalent goods;

(b) the repair of the goods;

(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;

(d) the payment of the cost of having the goods repaired; or

(2) in the case of services:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again.

12. Notice

Any notice to be given by Your Project Store to the buyer may be given either personally or by sending it by pre-paid mail to the buyer at any address of the buyer shown on any application for credit or any purchase order form or consignment note or order acknowledgement or any other document used by Your Project Store or, if there is no such address, then to any address at which the buyer resides or carries on business. Any notice may be given to Your Project Store at its registered office and principal place of business from time to time.

13. Waiver

The failure by Your Project Store to enforce any provision of these conditions shall not be treated as a waiver of that provision, nor shall it affect Your Project Store’s right to subsequently enforce that provision.

14. Intellectual Property

(a) All intellectual property rights, including but not limited to copyright, trademarks, patents, and designs, in all goods (including documents, drawings, specifications, and software) supplied by Your Project Store to the buyer are and will remain the exclusive property of Your Project Store (or its licensors, if applicable). The buyer must not reproduce, modify, adapt, distribute, sell, license, or use for commercial purposes any such intellectual property without Your Project Store’s prior written consent.

(b) The buyer warrants that any design or instruction it gives to Your Project Store will not cause Your Project Store to infringe any intellectual property rights of any third party in the manufacture or supply of the goods.

15. Applicable law

This contract is governed by the laws of the state of Victoria in the Commonwealth of Australia and the parties irrevocably submit to the jurisdiction of the courts of that state.

16. Indemnity

The buyer agrees to indemnify and hold harmless Your Project Store and its directors, officers, employees, agents, and representatives from and against any claims, actions, liabilities, losses, damages, costs, and expenses (including legal fees) arising out of or in connection with the buyer’s breach of these terms and conditions or any negligence or wrongful act by the buyer.

17. Force Majeure

Your Project Store shall not be liable for any failure or delay in performance of its obligations under these terms and conditions if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, lockouts, industrial disputes, accidents, fire, flood, pandemic, or other natural disasters.

18. Custom Orders/Indents

Customers placing orders for goods, including screens, fabrication, custom glass, and specialty import/indent orders, acknowledge that: The unique nature of these products may result in varying lead times, product variations, and potential design and installation challenges. Your Project Store is not liable for delays caused by external factors, minor product variations, design inaccuracies, or installation issues. Additionally, any warranties provided by third-party suppliers for specialty import/indent orders will be extended to customers, with Your Project Store’s liability limited to facilitating communication between customers and suppliers. Customers are responsible for verifying accurate product specifications and suitability for their intended use, while Your Project Store remains committed to maintaining high-quality standards and addressing warranty claims as outlined in the terms and conditions.

19. Product information

20. Severability

If any provision of these terms and conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

21. Entire Agreement

These terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior negotiations, discussions, representations, and agreements, whether written or oral.

22. Amendments

These terms and conditions may only be amended in writing and signed by both parties.

23. Assignment

The buyer may not assign or transfer its rights or obligations under these terms and conditions without the prior written consent of Your Project Store.

24. Relationship of Parties

The relationship between Your Project Store and the buyer is that of seller and buyer. Nothing in these terms and conditions shall create a partnership, joint venture, agency, or employment relationship between the parties.

25. Survival

Any provisions of these terms and conditions that, by their nature, should survive termination or expiration of this agreement shall continue in full force and effect.

26. Headings

The headings in these terms and conditions are for convenience only and do not affect the interpretation of any provision.

27. Language

These terms and conditions are written in English and any translation into another language is for convenience only. In case of any conflict between the English version and a translated version, the English version shall prevail.

28. Acceptance of Terms

By placing an order with Your Project Store, the buyer acknowledges that they have read, understood, and agreed to be bound by these terms and conditions.

29. Contact Information

If the buyer has any questions or concerns regarding these terms and conditions, they may contact Your Project Store at the following address:

Your Project Store Pty Ltd

31 Progress St, Mornington, 3931

Email: admin@yourprojectstore.com.au

Phone: 1300 71 81 91

These terms and conditions were last updated on [Date].