10.1 Shade Australia is not liable for any failure to perform or comply with any term or condition of the Contract if that failure arises from any circumstances beyond Shade Australia’s reasonable control, including, without limitation, assumptions in the quotation, lockouts, strikes and other labour disturbances (the settlement of which is at Shade Australia’s absolute discretion if it is a party), acts of God or the public enemy, piracy, war, terrorism, riot, civil commotion, acts of government agencies, earthquake, storm, tempest, fire, lightning, unavailability of insurance at reasonable cost and non-delivery of materials from Shade Australia’s usual sources of supply.
10.2 Nowhere in the quotation or order price does Shade Australia imply or offer any price or advice as to the installation of any product. This is a totally separate matter and is the sole responsibility of the Buyer. Furthermore, the installation of any product provided by Shade Australia is a matter for the buyer and the Installer and any warranty or maintenance claims resulting from any aspect of installation are between these parties and not with Shade Australia.
10.3 In respect of the colour of goods, Shade Australia makes every effort on its website to display the colours accurately. If the buyer is in doubt as to the exact nature of the colour, Shade Australia can provide exact samples. If the Buyer obtains the goods on a custom-made or made-to-order item(s) and they are not as the Buyer thought, Shade Australia is not obligated to accept their return or offer a replacement or refund of the goods.
10.4 If Shade Australia does undertake to organise or provide installation services, these will come under a separate agreement or contract.
10.5 Errors in the Contract or any invoice must be corrected and any necessary adjustments made between the parties.
10.6 Should any provision of the Contract be or become unenforceable or void in any jurisdiction either in whole or part for any reason, that provision is deemed to be deleted from the Contract in respect of that jurisdiction alone without in any way affecting the validity or enforceability of any other provision or that provision in any other jurisdiction. In such circumstances, Shade Australia may substitute another place for performance of its obligations for the purpose of making the Contract valid and enforceable.
10.7 Any obligation imposed on more than one person, binds all combinations of them jointly and each of them severally.
10.8 The Contract is not a sale by sample, even if any materials or things are exhibited or inspected by the Buyer.
10.9 No party will be obliged to agree to any form of arbitration of any dispute in connection with the Contract.
10.10 The Conditions and Contract cannot be varied unless agreed in writing by every party unless previously stated and agreed in these terms.