Warranty Conditions

Disclosure of Key Terms relating to the supply of
goods or services to consumers

This disclosure notice is prepared in accordance with section 47A of the Fair Trading Act 1987 No 68 (NSW) however is considered of value for consumers in all locations within Australia. The purpose of this notice is to ensure that you are aware of the substance and effect of the terms and conditions associated with the goods and services that we provide that may substantially prejudice your interests.

The following contains a summary of key terms in the attached Trading Terms between Doors Plus Holdings Pty Ltd (Doors Plus, Company, Us, We, Our) and the Customer (You), which You should be made aware of as per the requirements of the Act.

Words not defined in this summary have the same meaning as set out in the Terms:

  1. Clause 12.9- Exclusion of Warranties

    1. This clause excludes all warranties not set out in the Terms or any other warranty document (to the extent possible) and makes clear that We are not liable to compensate you for:
      • Any increased costs or expenses you may incur;
      • Any loss of profit, revenue, business, contract or anticipated savings;
      • Any loss or expense resulting from a claim by a third party; or
      • Any special, indirect or Consequential Loss or damage of any nature.

  2. Clause 16 – Limitation of Liability

    This clause limits the remedies available to You if the Goods or services provided by Us are faulty, for example we may replace the Goods or provide a refund at our election.

    This clause also seeks to limit the timeframe for any claim by You relating to the short delivery of Goods.

  3. Clause 15 – Indemnity

    This clause requires You to indemnify Us against any loss or damage We may suffer as a result of your breach of our Trading Terms, which means You will pay us any loss or damage We suffer.

  4. Privacy

    1. The Doors Plus Privacy Policy is available at https://www.doorsplus.com.au/doors-plus-privacy-policy/.

Doors Plus Holdings Pty. Limited
ACN 054 629 220
(Company)
Trading Terms and Conditions
For Sale of Goods

These Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by the Company to a Customer from time to time. Any supply of Goods by the Company to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the Company (“Agreement”) and any such supply does not give rise to a new or separate agreement.

  1. Interpretation

    In these Terms unless the contrary intention appears:

    Additional Charges includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to Company arising out of the sale of the Goods.

    Consequential Loss means increased costs or expenses; loss of revenue; loss of profit or anticipated profit; loss of business; loss of business reputation; loss of opportunities; loss of anticipated savings; loss of goodwill; loss or expense resulting from a claim by a third party; special or indirect loss or damage of any nature whatsoever caused by the Company’s failure to complete or delay in completing the order to deliver the Goods; and any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly and naturally from that breach.

    Customer means the person to or for whom the Goods are to be supplied by Company.

    Force Majeure Event means any event outside the reasonable control of the Company including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, government action, pandemic, epidemic or any other cause whatsoever, whether or not of a like nature to those specified herein.

    Goods means the goods sold to the Customer by Company and includes any services provided by Company to Customer.

    Intellectual Property Right means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a third party or parties, registered or unregistered, in any country.

    PPSA means the Personal Property Securities Act 2009 (Cth).

    Purchase Price means the list price for the goods as charged by Company at the date of delivery or such other price as may be agreed by Company and the Customer prior to delivery of the Goods.

  2. Order for Goods

    1. An order given to the Company is binding on the Company and the Customer, if:
      1. a written acceptance is signed for or on behalf of the Company; or
      2. the Goods are supplied by the Company in accordance with the order.
    2. An acceptance of the order by the Company is then to be an acceptance of these Terms by the Company and the Customer and these Terms will override any conditions contained in the Customer’s order. The Company reserves the right to accept a part only of any order by notifying the Customer in writing or by delivering the Goods to the Customer. No order is binding on the Company until accepted by it.
    3. An order which has been accepted in whole or in part by the Company cannot be cancelled by the Customer without obtaining the prior written approval of the Company, which it may refuse in its absolute discretion.
    4. Orders for made-to-measure or non-standard products will require a minimum deposit of 25% prior to the order being processed.

  3. Price and Payment

    The Customer must pay the Purchase Price and the Additional Charges to Company.

    1. If the Customer is in default, Company may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
    2. All payments are due within 30 Days of the date of invoice. Interest is charged at the rate of 5.5% from the expiry of that period until the date payment is received by Company.
    3. All amounts payable by the Customer under these Terms must be paid without set-off or counter claim of any kind.

  4. Delivery

    1. The times quoted for delivery are estimates only and Company accepts no liability for failure or delay in delivery of Goods. The Customer is not relieved of any obligation to accept or pay for Goods by reason of any delay in delivery. Goods may be delivered by instalments at the discretion of Company.
    2. Risk in accepting the Goods passes on delivery to the Customer.
    3. All Additional Charges are payable by the Customer in addition to the Purchase Price of the Goods.
    4. Return of Goods will not be accepted by Company except by prior agreement in writing with Company. Any Goods returned will be subject to a restocking charge of 10% of the Purchase Price of those Goods

  5. Delivery Costs and Passing of Risk

    1. The Customer must pay for costs of the delivery of Goods to the Customer.
    2. Risk in the Goods will pass to the Customer on the Goods being loaded to leave the premises of the Company. The Company will not in any circumstances accept liability for damage, shortage or loss during transit
    3. As soon as items are delivered, the Customer must inspect the product/s for visible defects and notify Door Plus of any broken glass within 24 hours of delivery and any other defects apparent on delivery within 7 days of dispatch by Doors Plus and before the items are fitted or the first coat of painter’s finish is applied.
    4. If you have chosen to have a Timber or Composite door, door jamb, architraves, quads and sill or any other timber related products, installed raw by Doors Plus, or Supplied to you raw for you to install, you must seal the door and all door components, prior to painting or staining on all faces or sides, top and bottom, left and right, front and back, edges and corners with at least 2 coats of sealing paint or varnish within 24 hours of installation by Doors Plus or pickup of products from our showroom, to prevent undue absorption of moisture, which can negatively impact the raw wood product. Stain, primer and undercoats are not acceptable as sealing coats.

  6. Door Maintenance

    1. The customer acknowledges and agrees that as the door products supplied by the Company are made from timber or composite products, certain actions need to be taken by the Customer, to prevent a door or product from being at increased risk of heat absorption, which may cause warping and cracking of the product.
    2. The Customer acknowledges that the Company recommends its doors be painted in light, reflective colours only. The Light Reflectance Value, or LRV, of the paint you choose, can be checked at your place of purchase of the paint. Painting the Company’s doors with dark colours is not recommended as it can alter the product from what has been ordered and supplied and may void your warranty.All blockboard solid cores, may have show through of core when painted in high gloss.
    3. Regular maintenance must be carried out on external doors that are subjected to direct weather to minimise any deterioration due to climate conditions.

  7. Return of Goods

    1. Other than in the event of a warranty or consumer guarantee claim, return of Goods will not be accepted by the Company, except by prior agreement in writing with the Company.
    2. To the extent where it is permissible at law for the Company to withhold its approval, the Company will only consider approving the return of the Goods to the Company in circumstances where:
      • the Customer has given to the Company its notice of the intended return of the Goods within thirty (30) days from date of invoice;
      • the Goods to be returned are in original condition and working order;
      • the Customer covers all cost of transportation associated with the return of the Goods to the Company;
      • the Customer covers all charges that may be levied by the Company to cover any handling, inspection or associated costs.
    3. For Goods that are made to order and which are approved for return to the Company by the Customer will be credited to the Customer less any cost incurred by the Company in having to convert the made-to-order Goods to be standard Goods.
    4. Notwithstanding all the above, Goods returned for credit and approved will be subject to a 25% re-stocking fee.

  8. Cancellation Charges

    1. To provide our Customers with prompt service, Doors Plus processes your order upon placement, which if cancelled, would cause Doors Plus a loss.
    2. If the Customer cancels the whole or part of an order already being processed (that is not based on a statutory right or consumer guarantee), Doors Plus reserves the right to deduct, if necessary, an amount equal to 15% of the total order amount, from any credit or refund due to the Customer, as a cancellation fee.
    3. Doors Plus must be notified of a cancellation by the Customer before the first dispatch date of the order, for it to be accepted.
    4. The Customer will be liable for any Additional Charges that may be applicable for cancelled orders.

  9. Terms of Payment

    1. The Customer will pay for the Goods on the following terms of payment set out below:
      • All payments are due in accordance with the details contained within the Customer Order/Tax Invoice and special instructions.
      • If payment is not made punctually the Company will charge interest at the rate of 5.5% per month or part of a month from the expiry of that period until the date payment is received in full. The Company may require full or part payment in advance for any further orders to be made by the Customer;
      • If the Customer is in default, the Company may at its option withhold further deliveries or cancel a contract without prejudice to any of its existing rights.
      • All amounts payable by the Customer under these Terms must be paid without set off or counter claim of any kind.

  10. Packing Costs

    The Company will cover all standard packing costs required to deliver the Goods within Australia. However, the Customer will cover the costs of any special packing requirements over and above the standard packing ordinarily provided by the Company.

  11. Retention of Title

    Ownership, title and property in the Goods and in the proceeds of sale of those Goods remains with Company until payment in full for the Goods and all sums due and owing by the Customer to Company on any account has been made.

    1. Until the date of payment:
      1. the Customer has the right to sell the Goods in the ordinary course of business;
      2. the Goods are always at the risk of the Customer.
    2. The Customer is deemed to be in default immediately upon the happening of any of the following events:
      1. if any payment to Company is not made promptly before the due date for payment;
      2. if the Customer ceases to carry on business or stops or suspends payment or states its intention of so doing or is unable to pay its debts as they fall due or if any cheque or bill of exchange drawn by the Customer payable to Company is dishonoured;
    3. In the event of a default by the Customer, then without prejudice to any other rights which Company may have at law or under this Agreement:
      1. Company or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
      2. Company may recover and resell the Goods;
      3. if the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Company may in its absolute discretion seize all goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Company and the Customer may be ascertained. Company must promptly return to the Customer any goods the property of the Customer and Company is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
      4. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Company. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Company at the time of the receipt of such proceeds. The Customer will pay Company such funds held in trust upon the demand of Company.

  12. Warranties

    1. The Company warrants that all new Goods manufactured by the Company will be free from defects in material and workmanship for the period of time applicable to the Goods as shown in Table 1 (the “Warranty Periods”), of clause 13 and subject to the terms of this Agreement.
    2. The Warranty benefits given to the Purchaser in Table 1 are in addition to other rights and remedies under law in relation to the Goods or services to which this Warranty applies.

      3. Conditions of Warranty

    3. The conditions of this Warranty are as follows:
      • Where defects occur within the Warranty Period, Goods will be repaired or replaced subject to the terms of this Warranty and at the Company’s discretion.
      • The Goods must only be subjected to normal and proper use only.
      • Any unauthorised dismantling, repair or modification of the Goods by anyone other than the Company invalidates this Warranty.
      • The Company will in no case accept any charges associated with the removal of the Goods from the installation, nor the re-installation of the Goods.
      • The warranties set out in Table 1 apply to defects which have arisen from faulty materials or workmanship in the product, and does not apply as a result of the following:
        • Accidental damage, malicious damage and/ or misuse.
        • Damage or deterioration of the finish as a result of harsh or adverse weather conditions and improper maintenance of products. (Including environments such as coastal locations and where large fluctuation of temperatures are evident).
        • Deterioration of the internal locking mechanism and external finish due to fair wear and tear.

      4. Claiming under the Warranty

    4. To make a claim under this Warranty the Customer must:
      • notify the Company within 7 days of the Customer being aware of the alleged defect within the warranty period;
      • send the proof of purchase receipt including the order number, a brief description of your concern, along with photos of the alleged defect to customerservice@doorsplus.com.au;
      • provide installation evidence (if not installed by Doors Plus personnel), confirming installation was in accordance with the instructions supplied with the Goods
      • ensure the Product is preserved, as far as possible, and make the Product available for inspection by Doors Plus (which is at Customer’s cost until verified by the Company) so Doors Plus can carry out an assessment and any necessary work required
      • deliver the Goods for such repair or replacement to the designated Company service centre if requested by the Company to do so
      • prepay all charges for inbound and outbound transport and for services provided by any third party of any kind, diagnostic or otherwise, excepting only the direct and actual cost of the Goods repair or replacement as provided.
    5. The Customer must not attempt to repair or replace any item that is the subject of a warranty claim, without the prior written consent of the Company.
    6. To the extent permitted by law, the Company does not warrant the repair of the Goods if the Customer repairs the Goods using parts not provided by the Company.
    7. Where a person is taken to have acquired goods as a consumer as defined in the Competition and Consumer Act 2010 (Commonwealth Australia), the following paragraph applies.
    8. If the Customer is deemed to be a consumer pursuant to the Australian Consumer Law, then:
      1. For Goods:Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
      2. For Services:Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
        • to cancel your service contract with us; and
        • to a refund for the unused portion, or to compensation for its reduced value

      9. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

      If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

    9. To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms or in another warranty document given by the Company are excluded and the Company is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
      1. any increased costs or expenses;
      2. any loss of profit, revenue, business, contracts or anticipated savings;
      3. any loss or expense resulting from a claim by a third party; or
      4. any special, indirect or Consequential Loss or damage of any nature whatsoever caused by Company’s failure to complete or delay in completing the order to deliver the Goods.

  13. Warranty Period

    Warranty Periods commence on the date of first dispatch of the Goods to the Customer, whichever occurs first. The exception to this is for the products listed in table 1.

    Table 1

    Product – Fittings Warranty Period
    Tracks 12 months
    Timber Framing 12 months
    Glass (unless reported within 24 hours of delivery) N/A
    InsulSafe Glass (excluding glass breakage unless reported within 24 hours of delivery) 24 months
    Door Furniture including hinges and peepholes, 12 months
    Lever Handles 12 months
    Product – Locks
    Symphony Pull Handles 12 months
    Jura 12 months
    Economy N/A
    Shaw lock / Viking 12 months
    Services
    Labour component of Fitting (+$110 service call applies) 3 months
    Staining or Painting 12 months
    (may be limited depending on elements door is exposed to)
    Doors
    ClimActive Fibreglass 10 years
    Engineered Doors 5 years
    Solid Pacific Ash 5 years
    ‘As Is’ N/A
    Zone Living, Bona Vista & Screen Doors 5 years
    (Powder coating & Rusting warranty) (excludes Clawing, chips, scratches, fading & general wear which is not a result of a manufacturing process
    (Moving Parts excluding non-manufacture faults) 1 Year

    **If faults on moving parts are reported after the 12 month warranty period ends a service fee of

      $110

    will be applicable and the cost of the parts required.

  14. PPSA

    1. Defined terms in this clause have the same meaning as given to them in the PPSA.
    2. Company and the Customer acknowledge that these Terms constitute a Security Agreement and entitle the Company to claim:
      1. a Purchase Money Security Interest (“PMSI”) in favour of Company over the Collateral supplied or to be supplied to the Customer as Grantor pursuant to these Terms; and
      2. a security interest over the proceeds of sale of the Collateral referred to in (a) as original collateral.
    3. The goods supplied or to be supplied under these Terms fall within the PPSA classification of ”Other Goods” acquired by the Customer pursuant to these Terms.
    4. The Proceeds of sale of the Collateral referred to in clause 9.2.1 falls within the PPSA classification of “Account”.
    5. Company and the Customer acknowledge that Company, as Secured Party, is entitled to register its Security Interest in the Collateral supplied or to be supplied to Customer pursuant to these Terms and in the relevant Proceeds.
    6. To the extent permissible at law, the Customer:
      1. waives its right to receive notification of or a copy of any Verification Statement confirming registration of a Financing Statement or a Financing Change Statement relating to a Security Interest granted by the Customer to Company.
      2. agrees to indemnify Company on demand for all costs and expenses, including legal costs and expenses on a solicitor / client basis, associated with the;
        1. registration or amendment or discharge of any Financing Statement registered by or on behalf of Company; and
        2. enforcement or attempted enforcement of any Security Interest granted to Company by the Customer;
      3. agrees that nothing in sections 130 and 143 of the PPSA will apply to these Terms or the Security under these Terms;.
      4. agrees to waive its right to do any of the following under the PPSA:
        1. receive notice of removal of an Accession under section 95;
        2. receive notice of an intention to seize Collateral under section 123;
        3. object to the purchase of the Collateral by the Secured Party under section 129;
        4. receive notice of disposal of Collateral under section 130;
        5. receive a Statement of Account if there is no disposal under section 132(4);
        6. receive a Statement of Account under section 132(3)(d) following a disposal showing the amounts paid to other Secured Parties and whether Security Interests held by other Secured Parties have been discharged.
        7. receive notice of retention of Collateral under section 135;
        8. redeem the Collateral under section 142; and
        9. reinstate the Security Agreement under section 143.
      5. All payments received from the Customer must be applied in accordance with section 14(6)(c) of the PPSA.

  15. Indemnity

    To the full extent permitted by law, Customer will indemnify Company and keep Company indemnified from and against any liability and any loss or damage Company may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms by Customer or its representatives.

  16. Limitation of Liability

    1. Notwithstanding the statement set out in clause 12.5, the Company’s liability is limited, to the extent permissible by law and at the Company’s option, to;
      1. in relation to the Goods:
        • the replacement of the products or the supply of equivalent products
        • the repair of the products
        • the payment of the cost of replacing the products or of acquiring equivalent products; or
        • The payment of the cost of having the products repaired
      2. Where the Goods are services:
        • the supply of service again; or
        • the payment of the cost of having the services supplied again.
    2. To the extent permitted at law, any claims to be made against the Company for short delivery of Goods must be lodged with the Company in writing within 7 days of the delivery dateUnless the terms and warranties are included in these Terms or are provided in specific warranties accompanying the Goods, all prior discussions, quotations, warranties to the extent permitted by law, are excluded or damages whether to person or property.

  17. Intellectual Property

    1. The Goods may contain Intellectual Property rights that belong to the Company. Property, right and title in that Intellectual Property will remain with the Company despite the Customer acquiring the Goods.
    2. The Customer agrees to do all things reasonably required and execute all documents to ensure that the Company retains ownership in the Intellectual Property
    3. The Customer must not pass any Intellectual Property to third parties without the Company’s prior written approval.
    4. All branding and artwork provided by the Customer is the intellectual property of the Customer. Artwork and branding supplied will only be used for the purposes of satisfying these Terms.
    5. Customer warrants that the use by Company of any intellectual property provided by Customer to Company so that Company may provide the Goods and/or services under these Terms does not infringe any Intellectual Property Rights.
    6. The Customer agrees to indemnify and keep indemnified the Company against any claim for infringement of Intellectual Property where the claim arises out of information supplied by the Customer or as a result of the Company complying with the Customer’s order.

  18. Liens

    The Customer acknowledges that Company may have a common law or statutory lien over the Goods. In the event that there is no such lien, the Customer agrees that Company has a general lien over all Goods including the right to sell the same where the Customer is in default under these Terms.

  19. On-Sale

    The Customer agrees that upon the on-sale of any Goods to third parties, it will:

    1. inform any third party involved of these Terms;
    2. inform any third party of Company’s product warranties if any; and
    3. not make any misrepresentations to third parties about the Goods.

  20. Trustee Capacity

    If Customer is the trustee of a trust (whether disclosed to Company or not), Customer warrants to Company that:

    1. Customer enters into this Agreement in both its capacity as trustee and in its personal capacity;
    2. Customer has the right to be indemnified out of trust assets;
    3. Customer has the power under the trust deed to enter into this Agreement; and
    4. Customer will not retire as trustee of the trust or appoint any new or additional trustee without first advising the Company.

  21. Force Majeure

    1. The Company will not be liable for the consequences of any failure or delay in performing any of its obligations under these Terms to the extent that such failure or delay is due directly or indirectly to any Force Majeure Event.
    2. If a Force Majeure Event arises, the Company will notify the Customer in writing of the Force Majeure Event and the likely impact it will have on the Company’s performance under these Terms. If the Force Majeure Event affects the capacity of the Company to complete its material obligations under these terms in a timely manner, the Company may by notice to the Customer terminate this Agreement without any liability whatsoever on its part arising from that termination.

  22. General

    1. Neither party excludes or limits the application of any statute (including but not limited to the Competition and Consumer Act 2010 (Cth) (CCA) as amended from time to time and its Schedule 2, the Australian Consumer Law), where to do so would contravene that statute or cause a provision of these Terms to be void. Any stated exclusion or limitation in this Terms is only to the full extent permitted at law.
    2. These Terms are to be construed in accordance with the laws from time to time in the State of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect to any proceedings in connection with these Terms.
    3. These Terms contain all of the terms and conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
    4. Any conditions found to be void, unenforceable or illegal may, to that extent be severed from the Agreement.
    5. No waiver of any of these Terms or failure to exercise a right or remedy by Company will be considered to imply or constitute a further waiver by Company of the same or any other term, condition, right or remedy.


Join our newsletter to receive the FREE No Fuss Living Guide

Subscribe Today

Get Social With Us… @doors_plus_no_fuss

Doors Plus