Trading Details
Guardian Doors is operated by OJSC Nominees Pty Ltd ABN 62 352 807 014.
1. Application of Terms
These Terms & Conditions apply to all goods and services supplied by Guardian Doors, including quotations, installations, service work, maintenance, repairs, inspections, call-outs, emergency works, automation, shutters, garage doors, commercial works and residential works. By accepting a quotation, signing or approving a quote, providing written or verbal authority, booking a job, paying a deposit, allowing works to proceed, or otherwise instructing Guardian Doors to carry out works, the Buyer agrees to these Terms & Conditions.
2. Quotations and Acceptance
- Unless otherwise stated, quotations are valid for 30 days from the date of issue.
- A quotation may be accepted by signature, email approval, written confirmation, payment of a deposit, verbal instruction, scheduled attendance, or allowing works to proceed.
- The quotation, any written variation, invoice, and these Terms & Conditions together form the agreement between Guardian Doors and the Buyer.
- Pricing is based on information available at the time of quotation. Pricing excludes uncommunicated inductions, site delays, down time, access restrictions, additional safety requirements, or other matters not disclosed before works commence, unless expressly included in writing.
3. Payment Terms
- Payment terms are as stated in the quotation, invoice, account statement, or written agreement.
- Where a deposit is required, the deposit is payable upon acceptance of the quotation and before products are ordered, manufacturing is commenced, or works are scheduled, unless otherwise agreed in writing.
- Deposits may be retained, in whole or in part, to cover costs reasonably incurred by Guardian Doors, including administration, ordering, custom manufacture, allocation of labour, supplier charges, restocking fees, cancellation costs, or other losses arising from cancellation, delay, change of mind, or failure by the Buyer to proceed, to the extent permitted by law.
- For installation works, final payment is due on completion of the works unless different payment terms are stated in the quotation, invoice, or written agreement.
- For service, repair, maintenance, call-out, inspection and emergency works, a deposit or upfront payment may be required before attendance, ordering parts, allocating labour, scheduling works, or carrying out further works. Any balance is payable on completion of attendance or by the due date stated on the invoice.
- Approved account customers must pay invoices within the approved account terms stated on the invoice, account statement, or account agreement. Guardian Doors may suspend account facilities where amounts are overdue.
- Amounts not paid by the due date may be treated as overdue. Guardian Doors may suspend further works, withhold completion, delay further attendance, or recover reasonable debt recovery costs, legal costs, interest, administration costs and enforcement costs to the extent permitted by law and where reasonably incurred.
- For residential home building work to which the Home Building Contracts Act 1991 (WA) applies, deposits, progress payments and final payments will be handled in accordance with applicable statutory requirements. Where required, deposits will not exceed the maximum amount permitted by law and progress payments will reflect work performed or goods or services supplied.
- Nothing in this section limits any non-excludable rights or remedies available to the Buyer under the Australian Consumer Law or other applicable legislation.
4. Title, Ownership and Unpaid Goods
Title to goods supplied by Guardian Doors passes to the Buyer upon full payment, subject to any rights that may pass by law. To the extent permitted by law, Guardian Doors may suspend further works, delay further attendance, withhold completion, or delay manufacturer warranty documentation where payment is overdue. Guardian Doors will not rely on this clause in a way that excludes or restricts non-excludable consumer rights.
5. Site Access, Safety and Readiness
- The Buyer must ensure the work area is clear of obstructions, accessible, safe and secure for Guardian Doors to carry out the works.
- Guardian Doors may reschedule, suspend or decline works where safe access is not provided or where site conditions present a safety risk.
- Power supply for automatic operators is the responsibility of the Owner or Builder unless expressly included in the quotation.
- Any council approvals, permits, strata approvals, builder approvals or other approvals required for the works are the responsibility of the Buyer unless expressly agreed otherwise in writing.
- If re-attendance is required because the site is not ready, access is unavailable, approvals have not been obtained, or the Buyer otherwise prevents the scheduled works from proceeding, a futile trip fee and any associated hire equipment charges may apply where reasonable and permitted by law.
6. Variations, Extras and Unforeseen Conditions
Additional work not outlined in the quotation, and any unforeseen site conditions, access issues, safety matters, structural issues, additional inductions, down time, hire requirements or other matters identified during works, will be treated as a variation or extra. Where practical, Guardian Doors will provide the Buyer with details of the additional work and additional cost before proceeding. For residential home building work to which the Home Building Contracts Act 1991 (WA) applies, variations must be recorded in writing, dated and agreed by the parties before the variation work commences, except where urgent work is required for safety, protection of property, or as otherwise permitted by law.
7. Product Characteristics and Installation Finish
- During manufacture, transport or installation, minor scratching, rubbing, buffing or touch-up may occur. Guardian Doors may rectify minor cosmetic marks with touch-up paint or other methods consistent with manufacturer specifications where appropriate.
- Minor imperfections, colour variation or cosmetic matters that are not reasonably visible from approximately 2 metres in ordinary lighting conditions may not be treated as a defect, provided this does not limit any non-excludable consumer rights.
- Oil canning is a natural visual effect in some steel sectional door panels, particularly smooth finish doors. Oil canning is generally not considered a warranty defect unless otherwise required by law or manufacturer warranty.
8. Existing Structures, Third-Party Devices and External Factors
Guardian Doors is not responsible for pre-existing damage, defects, deterioration, non-compliant works, rendered or masonry cracking, electrical supply issues, structural weakness, third-party devices, unauthorised alterations, misuse, lack of maintenance, weather events, or other external factors outside Guardian Doors’ reasonable control, except to the extent caused or contributed to by Guardian Doors or where liability cannot lawfully be excluded.
9. Delivery, Installation Dates and Delays
Any dates and times indicated for delivery, attendance, completion or installation are estimates only unless expressly confirmed in writing as fixed dates. Guardian Doors will use reasonable endeavours to meet estimated timeframes but is not liable for delay caused by matters outside its reasonable control, including supplier delays, manufacturing delays, weather, site access issues, safety concerns, illness, emergency works or other external factors. This clause does not limit any rights the Buyer may have under the Australian Consumer Law where services are not supplied within a reasonable time.
10. Service, Repair, Maintenance, Call-Outs and Emergency Works
Guardian Doors may charge a call-out fee, attendance fee, labour, materials, parts, hire equipment and other applicable charges for service, repair, maintenance, inspection and emergency works. By booking or approving attendance, the Buyer agrees to pay the applicable charges stated in the quotation, booking confirmation, invoice, or otherwise agreed in writing.
11. Maintenance Requirements
All doors, shutters and automatic operators installed, serviced or maintained by Guardian Doors are subject to ongoing maintenance requirements. The Buyer must consult and follow the owner’s manual, manufacturer instructions and recommended maintenance schedule. A service is recommended at approximately 6 months from installation and at least every 12 months thereafter, or more frequently for high-use, commercial, coastal or harsh environments. Failure to properly clean, maintain and service a product may reduce performance and may void or limit warranty coverage where the failure is caused or contributed to by lack of maintenance, to the extent permitted by law.
12. Warranty Terms
- Guardian Doors provides a 12-month workmanship warranty for installation faults, in addition to any rights or remedies available under the Australian Consumer Law and any applicable manufacturer warranty.
- Manufacturer warranties apply where provided by the manufacturer and may be subject to manufacturer terms, exclusions and maintenance requirements.
- Adjustments, globes, batteries, consumables, noise, electrical supply faults, misuse, accidental damage, third-party interference, unauthorised work, lack of maintenance, external damage and matters outside Guardian Doors’ reasonable control may not be covered by warranty where the issue was not caused by Guardian Doors’ faulty workmanship, defective goods supplied by Guardian Doors, or a failure to comply with a non-excludable consumer guarantee, to the extent permitted by law.
- Guardian Doors does not warrant work, parts, adjustments, repairs, modifications or attendance carried out by any third party. Any unauthorised work, alteration, repair, adjustment, interference or attendance by others may void or limit Guardian Doors’ warranty coverage to the extent the defect, failure, damage, safety issue or performance issue is caused or contributed to by that third-party work or attendance, to the extent permitted by law.
- The Buyer must notify Guardian Doors of any alleged defect, fault or warranty issue as soon as reasonably practicable and must give Guardian Doors a reasonable opportunity to inspect, assess and, where applicable, rectify the issue before arranging third-party repairs, adjustments or attendance. This does not apply where urgent action is reasonably required for safety, security, prevention of further damage, or where otherwise permitted by law.
- Where Guardian Doors repairs, services, adjusts or replaces a component, including a motor, remote, spring, cable, hinge, roller, track, panel, sensor or other part, Guardian Doors’ warranty applies only to the work performed and any goods supplied by Guardian Doors. Guardian Doors does not warrant the overall condition, age, balance, structure, alignment, safety, compliance or future operation of existing doors, shutters, frames, tracks, hardware, electrical supply or related components unless those items are expressly included in the quotation or scope of works. Existing, pre-existing, unrelated or later-arising faults remain the Buyer’s responsibility, except to the extent caused or contributed to by Guardian Doors or where liability cannot lawfully be excluded.
- Where a warranty claim is accepted, Guardian Doors may remedy the issue by repair, replacement, re-supply, rectification, refund, or another remedy permitted by law, depending on the nature of the failure and the Buyer’s rights under the Australian Consumer Law.
- Warranty documentation or registration will be provided or lodged as applicable after completion and payment, where required by the manufacturer. This does not affect any non-excludable rights or remedies available under the Australian Consumer Law.
13. Completion and Sign-Off
Upon completion, Guardian Doors may issue a works completed notice, completion confirmation, invoice, service record, job report or similar document. Signing or acknowledging completion confirms that the works have been completed to the Buyer’s apparent satisfaction at that time, subject always to any non-excludable rights, warranties or remedies available under applicable law.
14. Elevated Work Platforms and Hire Equipment
- Where an elevated work platform, scissor lift, boom lift or other hire equipment is required, Guardian Doors may arrange or offer the equipment with applicable hire, transport, delivery, collection, administration or surcharge costs.
- Guardian Doors may decline to use equipment supplied by others where maintenance, inspection, service records, operator safety, suitability or compliance cannot be verified.
- Guardian Doors is not responsible for injury, damage or loss caused by equipment supplied by others, unsafe equipment, unsafe site conditions, or matters outside Guardian Doors’ reasonable control, except to the extent caused or contributed to by Guardian Doors or where liability cannot lawfully be excluded.
15. Business Hours and Out-of-Hours Work
Guardian Doors’ ordinary office hours are 8.00am to 4.30pm, Monday to Friday, excluding public holidays. Services provided outside ordinary business hours, including urgent or emergency works, may be charged at applicable out-of-hours rates where disclosed or agreed.
16. Complaints and Dispute Resolution
Complaints should be submitted in writing with reasonable details of the issue. Guardian Doors will endeavour to respond within a reasonable timeframe and work with the Buyer to resolve issues fairly. If a resolution cannot be reached, either party may seek independent advice or use any dispute resolution process available under applicable law.
17. Residential Home Building Work
Where works are residential home building work to which the Home Building Contracts Act 1991 (WA) applies, including fixed-price residential work valued between $7,500 and $500,000, additional statutory requirements may apply. This may include requirements for the contract to be in writing, dated and signed by the parties, for prescribed notices to be provided where required, for deposits to be limited to the maximum amount permitted by law, for progress payments to reflect work performed or materials or services already supplied, and for variations to be recorded and agreed as required by law. If there is any inconsistency between these Terms & Conditions and a non-excludable requirement under applicable legislation, the legislative requirement will prevail to the extent of the inconsistency.
18. Australian Consumer Law
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee, right, remedy, liability or obligation that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable legislation.
- Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
- For major failures with a service, the Buyer is entitled to cancel the service contract and to a refund for the unused portion, or to compensation for its reduced value.
- The Buyer is also entitled to choose a refund or replacement for major failures with goods.
- If a failure with goods or a service does not amount to a major failure, the Buyer is entitled to have the failure rectified within a reasonable time. If this is not done, the Buyer may be entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
- The Buyer is also entitled to compensation for any other reasonably foreseeable loss or damage from a failure in the goods or service.
19. Changes to Pricing, Products and Specifications
Guardian Doors may amend general pricing, product information, content or specifications from time to time. Any changes to an accepted quotation or contract price will only apply where agreed, where allowed under the quotation, or where permitted by law, including for approved variations, supplier changes, product availability issues, or changes requested by the Buyer.
20. Waiver
No waiver, extension of time, delay, indulgence or failure by Guardian Doors to enforce any right will prejudice any rights Guardian Doors may have, unless expressly agreed in writing.
21. Governing Law
These Terms & Conditions are governed by the laws of Western Australia.
22. Quote Acceptance
By accepting this quotation, signing this document, approving the works by email, SMS, verbal instruction, payment of a deposit, scheduled attendance, or allowing works to proceed, the Buyer agrees to Guardian Doors’ full Terms & Conditions. The quotation, invoice, any written variation, and the Terms & Conditions together form the agreement between Guardian Doors and the Buyer. Payment terms are as stated in the quotation, invoice, account statement, or written agreement. For residential home building work to which WA legislation applies, deposits and progress payments will comply with applicable statutory requirements.