Optimo Awnings is part of the Optimo Group
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Optimo Awnings
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Terms & Conditions

Effective: 22th July 2022

  1. ORDERS
    By ordering the Goods from Us, You acknowledge and agree that You are expressly contracting with Us on these Terms and Conditions and You will be bound by these Terms and Conditions unless otherwise expressly agreed to in writing by Us.

  2. PRICING
    1. Price of the Goods including installation is as stated in the quotation provided by Us as at the date of our acceptance of your order unless otherwise agreed by Us in writing.
    2. The price contained in the quotation is valid for 30 days from the date of quotation. If you do not accept the quotation (and thereby place your order with Us) during this period We are not bound thereafter to supply the Goods at that price.
    3. If the installation of the Goods has not commenced within 90 days of your acceptance of the quotation and payment of the deposit, we reserve the right to increase the price by up to 6% in order to take account of fluctuations in the cost of procurement of materials. 
    4. We are not bound to accept your order.
    5. In addition to the price payable for the Goods, You must pay to Us, on demand, the GST payable in respect of the supply of those Goods.
    6. You must pay all money due to Us without deduction, set-off, withholding or counterclaim as We direct.
    7. We may at Our discretion apply any payments We receive from You in and towards the satisfaction of any indebtedness on your part and We will not be bound by any conditions or qualifications that You may make in relation to payments made to Us.

  3. PAYMENT TERMS
    1. A deposit of 25% (unless We agree otherwise) of the price for the Goods is payable upon your acceptance of our quotation.
    2. Your order will not be accepted by Us unless the required deposit has been paid to Us in cleared funds together with the plan fee.
    3. The balance of the price is due and payable by You in full immediately upon completion of installation of the Goods by Us.

  4. DELIVERY & INSTALLATION
    1. It is your obligation to obtain such permits as may be required under legislation in relation to the installation of the Goods.
    2. Subject to You paying to Us the plan fee We will provide to You plans in relation to the Goods to assist you to obtain the necessary permits.
    3. You must provide reasonable and proper access to the location specified for installation during usual business hours.
    4. We will endeavour to deliver and install the Goods within the time specified by Us. In the event that We experience stock shortages and are unable to deliver within the anticipated timeframe, We will advise You and provide you with an updated estimate of delivery.
    5. Under circumstances which are beyond our control We may unilaterally delay or suspend any delivery for such period as may be required.
    6. You must notify Us of any defect with respect to the Goods or their installation within 7 days of installation, otherwise You will be deemed to have accepted the Goods.
    7. If a dispute arises (including as to the quality of the Goods), You must accept and pay for the Goods and settle any claim with Us at a later date.

  5. WARRANTY
    1. We acknowledge that in respect of Goods supplied and installed by Us the following may apply:
      • the statutory guarantees contained in the CCA; and
      • domestic building warranties implied under statute.
    2. We also expressly warrant that the installation of the Goods by Us will be conducted in a proper and workmanlike manner, will be in accordance with the agreed specifications and will be free from defects of manufacture or installation.
    3. In the event of a defect in the Goods or installation of the Goods we agree to remedy the defect (subject to clause 6) provided that:
      • We receive written notification and description of the defect within 3 months of the date of completion of installation; and
      • the defect is directly attributable to Our workmanship or defective manufacture and is not attributable to You or other causes.
    4. To the extent that any express guarantees or warranties are provided by manufacturers of parts in relation to the Goods supplied by Us, We agree that the benefit of those warranties will be conferred on to You.
    5. As at the date of publication of these terms and conditions:
      • Ampelite, the manufacturer of the SABIC multiwall sheets used in the manufacture of the Goods provides a 3 year manufacturer's warranty against hail damage and 10 year manufacturer's warranty against excessive loss of light transmission and yellowing determined by subjecting a cleaned sheet sample to the Light Transmission Test ASTM D1003:2011 or by subjecting a cleaned sheet sample to the Yellowness Index Test ASTM E313:2010 respectively.
      • Dulux powders provides a 10 year durability warranty on powder coating of the manufactured Goods.

  6. DEFECT INSPECTION
    1. In the event that a warranty claim is made under clause 5 and upon inspection at site it is determined by Us that the defect or problem is not directly attributable to Our workmanship, defective manufacture or installation, a minimum call out fee of $150 (plus GST) for site inspection plus travel expenses will apply. Any repair work at site that You engage Us to conduct will be charged at a rate of $75 per hour plus materials.

  7. PERMITS
    1. You acknowledge that it is Your sole responsibility to obtain such permits as may be required under legislation in relation to the installation of the Goods.
    2. In the event that your permit application is refused by Council and manufacture and installation of the Goods cannot proceed We agree to refund the deposit to You.

  8. LIABILITY
    Subject to the operation of the CCA We will not be liable for:
    • any claim, loss or expense whatsoever or howsoever arising in relation to the Goods installed;
    • any contingent, consequential or punitive damages arising in any way whatsoever;
    • any claim, loss or expense sustained or incurred by You or any other person arising in any way as a result of the unavailability of Goods, any delay in delivery of the Goods or any failure to deliver Goods.

  9. DEFAULT
    If You fail to make any payment in accordance with these terms and conditions or if you become subject to an insolvency event or being an individual You commit an act of bankruptcy, We may (without prejudice to any of our rights at law) do any of the following:
    • require immediate payment of all outstanding amounts owed to Us, whether due or not;
    • suspend further deliveries and immediately recover possession of any Goods still held by You or under Your control;
    • require the payment of cash before delivery of any further Goods;
    • require that You pay interest to Us on any outstanding amounts at the Prescribed Interest Rate from the date that payment was due; (e) issue recovery proceedings to recover any outstanding amounts; and/or
    • require that you pay to Us our full costs and expenses of recovering any amounts owed to Us including all legal costs (at solicitor client rates).

  10. GENERAL
    1. You agree that all contracts made with Us will be deemed to be made in the State of Tasmania and You agree to submit to the jurisdiction of appropriate court in that State.
    2. The provisions of these Terms and Conditions will be separate and severable from each other to the extent that if any provision or provisions are considered to be inoperative then the remaining provision or provisions will be binding on and enforceable by the parties.
    3. Time shall be of the essence so far as it relates to Your obligations under these Terms and Conditions.
    4. You agree that unless explicitly requested in writing, photos of your completed awning may be used in digital and print marketing material.
    5. In these Terms and Conditions, unless the context otherwise requires:
      • CCA means the Competition & Consumer Act 2010 (Cth);
      • Goods means all goods and services which are the subject matter of any contract for sale or supply by Us to You;
      • Prescribed Interest Rate the 90-day Bank Accepted Bill Rate published by the Reserve Bank of Australia in the May preceding the start of each new financial year plus 8%.
      • We and Us includes our successors and assigns;
      • You means you as customer, your personal representatives, successors and permitted assigns and includes any servant, agent, partner, contractor or employee of that person; and
      • any agreement, warranty, representation or obligation which binds or benefits 2 or more persons, binds or benefits those persons jointly and severally.