Terms of sale

Important Consumer information

Birk 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 for compensation for any other reasonable 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.

These terms apply to all goods and services ("Products") that a customer ("You") orders from Birk.

Quote

Birk's quote (a) is not an offer to supply Products (but you can place an order against it by signing the quote as an order and paying the deposit), (b) expires after 30 days if you do not place an order, and (c) is an estimate until final site measurement, when correct pricing will be determined

Contract

If Birk accepts your order, there is a contract as per the quote and these terms. These terms override anything else in the contract.

Extra Charges

Where an extra charge is optional, Birk will obtain your approval before it is incurred. Where it is not optional (a) it will be reasonable but (b) Birk will notify you of the amount and you may cancel your contract within 2 business days

Child Safety Regulations

Birk will install child safety clips with window furnishings, as required by law

Variations

Changes to a product order, delivery date or arrangements at your request are only effective if (a) we agree in writing and (b) you accept any delay and extra charges that arise from your request

Payment

To proceed with an order, please sign your Birk quote and return / email a copy of ALL PAGES of the signed quote to your Birk consultant.

Payment stages:

50% deposit is required to confirm your order (non-refundable).

50% payment when booking your installation date.

How to make payment:
Visa or Mastercard (no surcharges):

By Phone: 03 9464 54443

Direct deposit
  • Account Name: Birk Solutions Pty Ltd
  • Bank: National Australia Bank
  • BSB: 083 125
  • Account Number: 19714 4664

Please enter your Job Number as Payment Reference, then email the remittance to admin@birk.com.au

Delays

If installation is delayed Birk may invoice an extra charge for storage of goods (except if Birk caused the delay). Extra site visits to double check measurements or conditions may affect the price and delivery time.

Scheduled Supply Times

These are good faith estimates only, and may be affected by factors beyond Birk's control. Subject to the consumer guarantees, delay is not a breach of the contract

Supply and Installation

Birk will supply products within a reasonable time (a) at the installation site in the quote or (b) if there is no installation site - from Birk's premises. Unless Birk agrees otherwise in writing, Birk supplies products (including installation) between 8am and 5pm on weekdays, except public holidays.

Tenancies, Owners Corporations, Councils, etc

If you order products for premises that are rented, subject to an owners' corporation or otherwise owned or controlled by a third party, or where council permission is required for installation (a) you must advise Birk accordingly (b) you must provide written evidence of the consent or permission and (c) Birk may suspend the supply of products until you have done so, or require payment as per “If you are not ready for scheduled installation”.

Ownership and Risk

Goods are (a) Birk's property until you have paid in full for them and (b) at your own risk when delivered to you or the installation site.

If you are not ready for scheduled installation

If products are ready for scheduled installation but you are not ready (eg. you do not have owners' corporation consent or your site is not prepared) Birk may require that you pay for the products (but not installation charges), take delivery and store them until you are ready for installation (when installation charges will be payable).

Installation Site Conditions

You must, at your cost (unless included in the quote) make the installation site clear, accessible, safe for Birk's team and structurally suitable for installation of products. Birk may suspend supply of products until you have done so, or have agreed to pay an extra charge to arrange it.

Existing window furnishings

You must, at your own cost (unless included in the quote), remove and dispose of any existing window furnishings. Birk may suspend supply of products until you have done so, or have agreed to pay an extra charge to arrange it

Electrical Work

You must, at your cost, arrange any initial or follow-up electrical works required for motorised blinds. Birk may suspend supply of products until you have done so, or have agreed to pay an extra charge to arrange it.

Consumer Guarantees

Rights and remedies for PDH goods and services If Birk supplies you with products ordinarily acquired for Personal, Domestic or Household use or consumption (abbreviated as "PDH"), you have extensive rights under the Australian Consumer Law ("ACL") including consumer guarantees ("Consumer Guarantees") and remedies.

NOTHING IN THESE TERMS LIMITS THOSE RIGHTS AND REMEDIES IN ANY WAY.

Rights and remedies for non-PDH goods costing no more than $40,000 If Birk supplies you with non-PDH products costing no more than $40,000, you have consumer guarantees under the ACL but: (a) in relation to goods, Birk's liability for failure to comply with a consumer guarantee (other than certain guarantees about ownership and undisturbed use) is limited to: (i) replacing the goods or supplying equivalent ones; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent ones; or (iv) paying the cost of having the goods repaired and (b) in relation to services, Birk's liability for failure to comply with a consumer guarantee is limited to: (i) supplying the services again; or (ii) paying the cost of having the services supplied again

Payment default

If you fail to pay an amount when due: (a) Birk may charge interest at 2.5% per month (b) Birk may repossess products(before or after installation) (c) you indemnify Birk against any loss or expense (including legal expenses) Birk incurs in recovering payment or repossessing products and (d) Birk may suspend or terminate your contract.

Warranties and Guarantees

You have the benefit of the consumer guarantees described by clause Consumer Guarentees. Subject to that, all other guarantees, warrantees, terms, conditions, rights and remedies in respect of products are excluded.

Service Call Charges

Subject to the consumer guarantees, these apply after the first anniversary of installation.

Other Liability

Subject to clauses 16 and 17, Birk is not liable to you for, and you release Birk from and indemnify Birk against, any harm, loss, damage, claim, demand, action (including without limitation, any indirect or consequential loss or damage) that you or anyone else may suffer or be entitled to make or bring in connection with or arising out of the supply or failure to supply products, including but not limited to by virtue of breach of contract or negligence by Birk or anyone for whose acts and omissions Birk is vicariously responsible

Force Majeure

Subject to the consumer guarantees, Birk is not liable for any breach of contract to the extent that the breach is due to circumstances beyond Birk's reasonable control.

Governing Law

Your contract is governed by the laws and courts of the state where Birk supplies products to you, the exception being if Birk does not have a permanent showroom and/or staff in that state, the law and courts of Victoria apply.

GST

Prices and charges include GST.

BIRK BLINDS PRODUCT AWARES

General information relating to all Birk Products
  1. Regular servicing and cleaning of your products is essential. Failure to comply with this will shorten the life of your product. Contact Birk for more information.
  2. Window furnishing products are not designed to be closed over open windows.
  3. Customer to ensure that adequate fixing points are available. This is not the responsibility of Birk Solutions
  4. All electrical wiring is to be arranged by the customer. Birk will supply applicable leads and a location drawing to be supplied to your electrician.
  5. Window locks, winder and other features may interfere with installed products.
  6. Corrosion can occur in high salt areas. Componentry is subject to corrosion in coastal areas.
  7. Fabrics retain memory and will rectify themselves.
  8. Birk cannot guarantee that fabric supplied will match exactly to the sample from which it was ordered, due to dyelot variations. Small imperfections may occur in the fabric.
  9. Matching trims/componentry to fabrics is at the discretion of production.
  10. From time-to-time our suppliers experience stock shortages and delay’s that are out of our control. We endeavor to supply products as quickly as possible and will inform you of your options should this occur.
Curtains and Soft Furnishings
  1. Fabric deemed to be flawed prior to manufacture will be replaced which may cause installation delays.
  2. Velvet is made pile side up unless otherwise requested.
  3. Manmade fibers used in soft furnishing fabrics i.e. rayon, acetate and viscose can have a tendency to billow.
  4. Inherently, Linen/linenrich fabrics will “drop”, however windows will be measured, and drapes manufactured to the measured drop.
  5. When seamed, SelfCoated fabrics may result in pinholes, allowing light through seams and hems.
  6. Curtain tracks longer than 6000mm will have a join.
  7. All curtain hems will be selected by Birk unless the client advises a preference before the order is placed.
  8. The bottom of all curtains will finish within 15mm above the floor level.
  9. Curtains can appear to have inconsistent spacing a floor level when the floor level is uneven.
Roman Blinds
  1. Birk recommend Roman Blinds be facefitted and to extend blinds over architraves between 2050mm. Recess fitting of Roman Blinds is not recommended.
  2. Stack heights will vary between 20mm and 40mm depending on the drop of the blind.
  3. Corner windows may have up to a 40mm gap between blinds when down to compensate for “stacking”
  4. Romans with different size drops will have different size panels. Birk can match panels at additional cost.
  5. Due to the nature of fabric Roman Blinds may drop up to 40mm.
  6. On continuous and butting blinds, blinds of varying size may drop at different rates and battens may not align over a period of time.
  7. Corner window blinds may not be able to be stacked up at the same time.
  8. Roman Blind fabrics tend to pucker, ripple and may not sit straight.
  9. Depending on the selected fabric width, Soft Roman Blinds may be finished with “Wing Joins” (visible panel seams on the face).
Plantation Shutters
  1. Plantation Shutters modified to suit the window will have the edge finished with a touch up kit
  2. Plantation Shutter midrail heights will vary depending on the number of blades. Midrails may vary up to 50mm from the requested height.
  3. Plantation Shutters may need to be lifted on the bottom when closing and will sit on pads when closed in most cases.
  4. Grain or colour variations occur due to the natural characteristics that may occur on any painted, stained, lacquered or oiled timber product.
  5. Custom colour matching will be as close as possible to the customer’s sample. Variation may occur due to type paint and timber used.
  6. Plantation Shutters are treated with UV inhibitors to limit the consequences of the Australian sun. This will not stop discoloration but slows the process.
  7. It is a requirement that shutter blades be in the closed position if opening/closing bi-fold and by-pass shutters to avoid damage.
  8. Be aware, not all Shutter options can be used in wet areas (near sinks and in bathrooms).
Zip Guide and Wire Guide Blinds
  1. Expansion and contraction will occur depending on the elements
  2. Condensation can temporarily cause white frosty marks
  3. Fabrics retain memory and will rectify themselves.
  4. Large blinds may have some waving in the fabric.
  5. Ziptrak and Wire guide blinds must be raised if the winds are more than a breeze. Blinds left down in strong winds or wind gusts can be pulled out of their fittings and this resulting damage is not covered by warranty.
Roller Blinds (Hollands)
  1. Blinds fitted in the recess will have side and top light gaps
  2. Birk recommends facefitting Block-out Roller Blinds to minimise side light gaps.
  3. Recess blinds may interfere with the removal of flyscreens.
  4. Continuous and corner blinds will have a light gap at the join/corner between the blinds.
  5. Setting of products e.g. bowing (“ving”) or twisting and wrinkles may take approximately 3 months to settle.
  6. Railroaded or oversized blinds are not recommended, as they may not hang flat, may pucker along the bottom rail or a ‘V formation’ may occur. A horizontal join may also be visible at the top section of the blind.
  7. Fabric joins may occur, depending on the blind size.
  8. Hemless blinds may fray on the edge if the blind is not rolling straight. It is the customers’ responsibility to ensure the blind continues to roll straight.
  9. Care must be taken when operating the chain to not rub it against the side of the fabric when raising/ lowering otherwise fraying will occur. This damage is not covered by warranty
  10. Narrow blinds under 500mm in width are not recommended and will have to be manually assisted to roll up straight. Blinds that have a width:height ratio exceeding 1:2.5 will not be covered by warranty and will need to be manually assisted to roll up straight.
  11. Blinds are made square therefore we cannot be responsible for uneven gaps caused by out of square windows.
  12. Bottom rails may not always sit square when rolled up.
  13. Screen and Sheer Roller Blinds must be finished with a Base Rail to have enough weight to function correctly. Some screens and sheers can have a sewn pocket. Check with your sales consultant if this is a preference.
  14. Large blinds may require assistance to open/close (Spring Assist/Motorised).
  15. Translucent or sunscreen fabrics are not recommended for total privacy.
  16. Common Fascia’s and Pelmets wider than 3000mm may have a join.
Vertical and Panel Blinds
  1. Vertical and Panel Blinds are measured to allow up to 10 15mm between the bottom of the blind and the sill or floor.
  2. Recessed Vertical Blinds are measured to allow 10mm clearance on either side. Facefitted blinds will have a gap of up to 90mm unless a blockout blade is installed.
  3. Overlaps on Vertical and Panel Blinds may allow light to penetrate.
  4. Panel Blinds will have one panel width on the window (when stacking back) unless there is enough room to stack panels beyond the architraves.
  5. Vertical Blind slats with chainless or sewn in weights will move around and take longer to settle.
Manmade and Natural Timber Venetian Blinds
  1. Large Timber Venetians do not close tightly, and total privacy is not achievable.
  2. Venetian Blinds are not a full blockout product.
  3. Natural Timber Venetians are treated with UV Inhibitors to limit the consequences of the Australian sun. This will not stop discoloration but slows the process.
  4. Variations may occur to grain and stain with natural timbers.
  5. Large venetians do not close tightly, and total privacy may be compromised.
  6. Venetian Blinds are not a full blockout product
  7. Sunset venetians reduce the incidence of light via the holes punched in the slats. This type of blind only closes tightly in one direction and light will still filter through the overlapping blades.
Folding Arm Awnings
  1. Joins are noticeable on larger and translucent awnings.
  2. Due to the nature of the fabric, Screen and Acrylic fabrics may not sit evenly and may contract and expand dependent on the environment.
  3. Puckering may occur at the sides of seams or joins. This is a natural characteristic of an awning.
  4. 150mm arms may cause the awning not to sit straight.
  5. Manually operated awnings are not recommended
  6. Fabrics may appear to illuminate in strong sunlight.
  7. Do not leave awnings or sunblinds extended in the wind or rain as this could cause damage which is not covered by warranty.
  8. Dependent on the fabric, do not roll up when wet.
Product care instructions
  1. Open and close product regularly so dust does not accumulate
  2. Use the appropriate attachment on a vacuum to gently remove dust if required.
  3. For shutters and venetians regular cleaning with an anti-static cloth will assist in removing dust.
  4. Spot clean products with mild detergent. Test in a small spot in an inconspicuous area on the product first.
  5. When spot cleaning do not allow the area to become fully wet, use a damp cloth only.
  6. For curtains follow instructions on care label for cleaning.
  7. Use curtain flick sticks to open and close curtains to minimise touching fabric.
  8. Specialist blind and curtain cleaners can be found online and if in doubt you may call them.
Get in touch for a free design consultation at your home