TERMS OF SERVICE

In employing The Garage Door Specialists you are deemed to have read, understood and agreed to the following terms and conditions.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

• “Client”, “You” and “Your” refers to you, the person accessing this website brisbanegaragedoorspecialists.com.au and accepting Brisbane Garage Door Specialists terms and conditions.
• “The Company”, “Ourselves”, “We” and “Us”, refers to Brisbane Garage Door Specialists.
• “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
• “Share” refers to the sharing or posting of information in any form or manner.
• “Call Out Fee”, a call out fee is a fee charged to drive from one location to the next location only.
• “Service”, a service is the adjustment and maintenance check of a garage door or garage door opener only. Anything that is not an adjustment or maintenance check is considered a repair.
• “Repair”, a repair is the repair or replacement of a garage door or garage door opener and/or its parts.
• “Cancellation”, is the cancelling of an appointment even with the intent of rescheduling.
• “Reschedule”, is the rescheduling of an appointment. To perform a reschedule a cancellation must occur.
• “Booking”, “Book”, “Booking Appointment” or “Book Appointment” refers to scheduling an appointment. For an appointment to be scheduled you must supply us with your name, property address and contact number. At that point an appointment is considered booked.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the client’s needs in respect of provision of Brisbane Garage Door Specialists stated services/products, in accordance with and subject to, prevailing Australian, Queensland Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.

It is the customer’s responsibility to access and read this statement. We do not hold responsibility for not explaining this information directly to you. If you require clarification on any part of this document please contact us directly. Failure to know about this statement/document is not a valid reason to not follow these terms and conditions.

ADDITIONAL WORK OR ADDITIONAL TIME

• We reserve the right to charge for time lost if additional time is needed to complete the job due to insufficient information provided by you regarding the works required (e.g., failing to inform of the full extent of damage, obtaining a quote whether verbal or written and expecting the cost of work to remain the same when additional work is required). At the time of quotation we assume that the garage door and/or garage door opener is in correct working order unless advised otherwise.
• If additional work is required to complete your job properly we will discuss the cost of this before proceeding. If you choose to not have the additional required work completed and you choose to cancel the entire job we have a set $80 including gst charge for time and work lost.
• You take full responsibility for any consequences relating to the refusal to have additional works completed when we are attending to your job. (e.g, if you refuse to have additional work completed in order to achieve the correct performance of your door or automatic opener, or to prevent further damage, you accept that we are not liable to re visit you property to fix these issues, free of charge).
• We offer warranty with our services however if you choose not to take our professional advice regarding the needs of your door and automatic opener, this warranty may be effected without notice.

ARRIVAL TIME

• We consistently strive to arrive on time as per the timeframe quoted when the job is booked. In the event that we arrive earlier or later than expected we will attempt to contact the person whose details are provided at the time of the booking to inform of changes.
• If we arrive on site in the agreed upon time frame and no one is there to let us into the property to commence work, we will wait for 15 minutes before leaving. At this 15 minute mark, we reserve the right to leave the job and an $80 incl. gst charge will be charged to the client for time and work lost.

CALL OUT FEES/ DIAGNOSTIC FEES

• Call out fees are a charge many service providers apply to cover the cost of driving from their location to the work site. They then charge for the works required on top of this. We do not charge to drive from our location to the work site.
• Please note: We do charge for the work/ time required to diagnose your garage door fault after we arrive at the work site. If you choose to have these items fixed at the time we diagnose the fault, we will void this fee and simply charge for the agreed upon work. Alternatively, if you do not wish to have any work attended to, an $80 incl. gst diagnostics fee will apply.
• In the event that we fix the issue during the diagnostic stage we will charge a service charge. In this event no $80 incl. gst diagnostics fee will apply and you will only be charged a service fee.

CANCELLATION & RESCHEDULE POLICY

• Cancellation may be made up to 48 hours before the earliest time of arrival quoted when booking the job.
• If a cancellation is made within 48 hours of the earliest time of arrival, we have a set $80 including gst charge whether we physically attend the work site or not.
• Cancellations may only be made via answered telephone call or email. No other form of communication for cancellation will be accepted (eg, text message, social media, and voicemail messages etc.).
• If you wish to reschedule your appointment within 48 hours a $25 including gst reschedule fee will be charged. An additional $25 fee will be charged for every reschedule which occurs within 48 hours of each booking. Payment of this reschedule fee/s will be added to your invoice and is due upon completion of the works.
• A verbal or written response from Brisbane Garage Door Specialists must obtained to complete the cancelation process. Please retain proof of your contact with Brisbane Garage Door Specialists.
• If we attend site and no one is home we will attempt to make contact and wait 15 minutes before leaving. At this time, if you wish to reschedule your appointment, a $25 including gst reschedule fee will be charged. If you wish to cancel your appointment, an $80 including gst cancellation fee will be charged. Payment of the reschedule fee/s will be added to your invoice and is due upon completion of the works. Payment of the cancellation fee will be due at the time of cancellation.
• Cancellation and reschedule fees are still payable whether you book the job within the 48 hour period or prior to the 48 hour period.

Why do we charge this?

Our cancellation charge covers a portion of the costs incurred when a client cancels a job. We only have a limited number of available appointments per day and we turn down work on a regular basis because those allocated appointments are filled. When a job is cancelled not only do we lose your work but we lose the opportunity to attend to jobs for other clients. In addition, when your work request is booked, our staff spend time and money organizing the requirements of this to ensure a positive experience for all customers. This can include the ordering of materials, making phone calls, etc. This cancellation charge is non-negotiable and is due upon cancellation. Please see “Debt Collection – Unpaid Invoices” for additional expenses that will incur if the cancellation fee is not paid at the time of cancellation.

COMMUNICATION

• Communication Methods – Communication whether written or verbal can only be made via the following methods: Telephone call or email. Please note we do not accept text messages or written letters as a form of communication.
• Failure to communicate with our company does not constitute a valid reason to not pay your invoice.
• Our telephone number may appear as “unknown” when we attempt to contact you.
• If you require a product to be installed or repaired differently to the methods we use, it is a requirement that you notify us of this in writing prior to the installation commencing. If you require information explaining how we install or repair products you may contact us via telephone call or email.

CONSUMER COMPLAINTS PROCEDURE

As a business it is always our intention to complete the work we undertake to the highest of standards for our clients however if you feel that has not been achieved please undertake the following procedure:

• In the event of any dispute or claim arising out of, or relating to the inspection or work conducted you must notify us as soon as possible of the dispute or claim by emailing admin@brisbanegaragedoorspecialists.com.au. You must allow us (which includes persons nominated by us) to visit the property (which visit must occur within fourteen (14) days of your notification to us) and give us full access in order that we may fully investigate the complaint. You will be provided with a written response to the dispute or claim within twenty eight (28) days of the date of the inspection.
• If you are not satisfied with our response you must refer the matter to a mediator nominated by us within twenty one (21) days of your receipt of our written response. The cost of the mediator will be borne equally by both parties or as agreed as part of the mediated settlement.
• In the event you do not comply with the above complaints procedure and commence litigation against us then you agree to fully indemnify us against any awards, costs, legal fees and expenses incurred by us in having your litigation set aside or adjourned to permit the foregoing complaints procedure to complete.
• All goods remain the property of Brisbane Garage Door Specialists until paid for in full. We reserve the right to seek recovery of any debt remaining unpaid 7 days from the date of invoice via collection Agencies and/or through the Small Claims Court no matter the balance. In such circumstances, you shall be liable for any and all legal fees and expenses incurred by us during this process.

DEBT COLLECTION – UNPAID INVOICES

• We agree to pay fees to a debt collection agency, the Queensland Civil and Administrative Tribunal, legal representation and any other entity associated with the recovery of your debt. These fees will be passed along to you in full. By not paying your invoice by the due date you agree to pay all costs incurred associated with the recovery of debt.
• In the event that an invoice remains unpaid after 7 days we will proceed with the following process:

1. We will forward your unpaid debt including any additional fees to a debt collection agency of our choice within 7 days after the due date.
2. 35% of the total invoice amount will be added to the invoice prior to the unpaid debt being handed over to a debt collection agency. This 35% fee covers the cost of the debt collection service.
3. For every 7 days that the debt remains unpaid an additional 10% of the total invoice amount will be added to the invoice inclusive of any additional fees.
4. After 30 days we will start undertaking proceedings to recover the debt owed as well as any additional debt collection fees, Queensland Civil and Administrative Tribunal fees, legal representation fees, loss of income if we are personally required to attend court proceedings and any other fees charged by any other entity associated with the recovery of your debt.

• Brisbane Garage Door Specialists takes no responsibility and accepts no liability for any loss or damages associated with the collection of unpaid debt.

DEFAMATION

• If a problem occurs that you wish to discuss with Brisbane Garage Door Specialists please contact us via telephone or email. If you feel that the response provided by us is not satisfactory and you have evidence to prove your claim please follow our consumer complaints procedure.
• In the event you do not comply with the above complaints procedure and share information or comments that are considered defamatory, we reserve our right to commence litigation against you. You agree to fully indemnify us against any awards, costs, legal fees and expenses incurred during the litigation process to completion.
• Please do not share defamatory material without the advice of a legal professional to avoid litigation. We take any form of defamatory material very seriously.

DISCLAIMER – EXCLUSIONS AND LIMITATIONS

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, Brisbane Garage Door Specialists:

• Excludes all representations and warranties relating to this website brisbanegaragedoorspecialists.com.au and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website brisbanegaragedoorspecialists.com.au and/or Brisbane Garage Door Specialists literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course or you have advised Brisbane Garage Door Specialists of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
• Brisbane Garage Door Specialists does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

NOTIFICATION OF CHANGES

• Brisbane Garage Door Specialists reserves the right to change these terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our blog and / or our news feed and on other key pages on our site.
• If there are any changes in how we use our customers personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis if you are a returning customer.

PAYMENT

• Payment is to be made upon completion of the job while we are on site. If payment cannot be made while we are on site for any reason, we will contact you regarding payment. If our communication is not returned after 3 attempts we have a $15 administration fee for every communication attempt we make after the 3^{rd attempt.}
• Payment may be made via the following methods: Cash, Cheque or Card (Eftpos, Visa or MasterCard – No Other Cards Accepted) **All card payments will incur a surcharge. The surcharge is in addition to any quoted price. This surcharge amount can change at any time without notice due to bank requirements.
• Payment may not be made via the following methods: Any method that is not mentioned above.
• In special circumstances such as a new garage door installation, a deposit is payable upon acceptance of the order.
• Overdue accounts will accrue interest at 10% including gst of the total amount per 7 day period.

PREPARATION

 OF WORK SITE

• Remove all possessions that you wish for us not to work around, over, under or near from the area in which we conduct our work prior to our arrival to avoid any accidental damage to these items.
• To ensure we are able to access your garage door and garage door opener, please remove all vehicles from the garage and driveway. If vehicles cannot be removed please ensure they are parked as far from the garage door as possible.
• Provide 1.5m of clear access around the entire garage door and automatic opener.
• Power to the property is required to be active for us to complete works. Please ensure power is activated prior to booking the job in as a $80 including gst fee will apply if we attend site and power is not active at the property prohibiting us from attending to the works as booked.
• If it is a requirement that we drill into a wall, floor or ceiling, we take no responsibility for the repairs of any materials that we were not able to view prior to drilling. This includes electrical cables, water pipes or any other items. Please provide any and all information relating to the location of anything located in an area that cannot be viewed prior to drilling.
• The installation of a 3 pin, 240 volt power supply for automatic garage door operators is the responsibility of Owner/Builder (not Brisbane Garage Door Specialists), and is not included in our quotations ever.
• Brisbane Garage Door Specialists takes no responsibility for animals escaping from the premises while we are at the work site or after we have left the work site in conjunction with any service we provide. Please restrain or remove animals prior to our arrival for the safety of everyone involved.
• Any Council approvals required are the responsibility of the owner.
• For your safety, please refrain from entering the work site (being the garage) or around the vicinity of the work site while we conduct work at your property. If you choose to enter this area, you accept responsibility for any harm that may occur and void Brisbane Garage Door Specialists of any awards, costs, legal fees and expenses incurred.

PRIVACY AND CONFIDENTIALITY

• We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only may use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. This review does not fall under any particular law or standard.
• Client records are regarded as private and confidential and will not be divulged to any third party unless we are legally required to do so to the appropriate authorities, or it is a requirement to complete the work requested.
• We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
• We bear no responsibility for the actions of third parties. If the information we collect and use is obtained by any third party in connection with us in any way through illegal means we take no responsibility and liability.

QUOTES

• All quotations whether verbal or written are valid for 30 days.
• Any competitor quotes where discounts are offered to match or beat the quoted price with a lower price must be confirmed in writing prior to booking the job.
• All quotations provided are done so with the assumption that: a power point is within close proximity, the door moves freely and is in good condition (unless otherwise stated) and all the requirements in these terms are adhered to.
• We do not require site attendance to quote on the works required as a quotation can be provided during initial contact with you and without attendance. When we are contacted to provide a quote, we evaluate the problem as described by you and may request some more information about the job. After obtaining this information we can normally provide a verbal or written quote over the phone without attending site to see the garage door and/or garage door opener.

If we find that additional works are required that you were not aware of, or that you did not make us aware of prior to a quotation being offered (in writing or verbally) we will discuss the costs of this with you. You may decide on whether or not you choose to have the additional items repaired. There may be additional charges to complete additional work. We will inform the client of additional work/costs as they are identified.

In most cases, we do not need to attend site to provide a quote thus if you book an appointment solely for the purposes of obtaining a quote without stipulating this at the time of booking, we reserve our right to charge a diagnostics fee for this visit ($80 incl. gst). Any booking made without obtaining a quote (via phone or email) will be made with the intent that you wish to have the repairs attended to and the cost of these repairs will be invoiced and due upon completion. In special circumstances where we do need to attend site to provide a quote, written approval must be provided by us at time of booking to confirm the complexity of the job and quoting requirements.

Why do we charge this?

We only have a limited number of available appointments per day and we turn down work on a regular basis because those allocated appointments are filled. When an appointment is booked for a quotation only (when a site visit is not required) not only do we lose the income earned from that appointment but we lose the opportunity to attend to jobs for other clients. In addition, when your work request is booked, our staff spend time and money organizing the requirements of this to ensure a positive experience for all customers. This can include the ordering of materials, making phone calls, etc. This charge is non-negotiable and is due while in attendance. Please see ‘PAYMENT’ section for information regarding additional expenses that are incurred when your bill is not paid onsite at the completion of the work or within the appropriate time frame.

REAL ESTATE AGENCIES, BODY CORPORATE AGENCIES & CLIENTS WHO ARE ISSUED AN INVOICE TO BE PAID VIA ELECTRONIC BANK TRANSFER

• This section is only applicable to real estate agencies, body corporate agencies & clients who are issued an invoice to be paid via electronic bank transfer.
• Payment is to be made at the next pay cycle after the invoice is issued. This pay cycle should be at either the middle of the month and/or start/end of the month.
• To action a request of service we must receive a written work order. This work order should contain the contact details of the tenants, information regarding the works required, payment approval amount, invoice details (name for the invoice and email) and any other information needed to complete the job requirements.
• If any special requirements are needed (such as the delivery of any item to your office), please advise us of this request in the work order so that we are aware of your individual requirements.
• Please refer to all other terms contained within this document as they also apply to real estate agencies, body corporate agencies & clients who are issued an invoice to be paid via electronic bank transfer.

TECHNICAL REQUIREMENTS

• There are a number of technical specifications associated with the installation of any garage door product. For all technical specifications please contact the manufacturer for “specification sheets” or similar documents. If you require assistance locating the manufacturers technical specifications associated with the installation of any product you may also contact Brisbane Garage Door Specialists for advice. It is the client’s responsibility to investigate the specifications of a product to confirm the product is suitable for their requirements.

TERMINATION OF AGREEMENTS AND REFUNDS POLICY

• Both the Client and Brisbane Garage Door Specialists have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. Refunds shall be offered, at the discretion of Brisbane Garage Door Specialists where a service is deemed to have begun and is, for all intents and purposes, underway.

WARRANTY & MAINTENANCE + LIMITATION OF LIABILITY

• Installation of our products, where installed by Brisbane Garage Door Specialists, will be done by trained contractors. Whilst every care is taken during installation, no responsibility will be taken for building constructions beyond our control.
• Warranty period for installation/service is 3 months from the date of the invoice.
• Manufacturer warranties will also apply to products installed. If you require information regarding the specifics of your products manufacturer’s warranty, you may contact us for this. At this time, we may direct you to the manufacturer directly if required.
• Warranties are not transferrable with the passing on or sale of the property. Warranties remain with the person whose name is on the invoice and that warranty is only valid while they own the property where the installation or repair took place.
• Warranty claims may require a site visit by us to investigate and/or fix the issue. If we attend site for a warranty claim on a product that was not a warranted item, we reserve the right to charge for this visit.
• Your garage door and garage door opener requires periodic adjustment. If you choose not to properly maintain your product as per the manufacturer’s terms and conditions and problems arise, the liability remains entirely with you. A lack of recommended maintenance that leads to faults of any kind does not constitute as warrantable.
• Please consult your owner’s manual for what is and what is not covered under warranty. If the owner’s manual does not provide the information you require then please contact the manufacturer directly for such advice.
• Ensure that your garage door & its parts and your garage door opener & its parts are cleaned regularly and serviced as per manufacturer’s specification.
• Brisbane Garage Door Specialists makes no other warranties, whether expressed or implied, with respect to the products, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. The remedies provided herein are customer’s sole and exclusive remedies, Brisbane Garage Door Specialists shall not be liable for any indirect, special, incidental, consequential or punitive damages, whether based on contract, tort, strict liability or otherwise, arising out of the design, manufacture, sale, delivery, installation, service or use of the products, Brisbane Garage Door Specialists neither assumes nor authorizes any other person to assume for it any other liability in connection with the design, manufacture, sale, delivery, installation, service or use of the products customer’s acceptance of any quotation is expressly subject to customer’s assent to each and all of the terms and conditions set forth in Brisbane Garage Door Specialists quotation and this statement. Customer’s assent to these terms and conditions of sale shall be conclusively presumed from customer’s submission of its purchase order. No addition to or modification of said terms and conditions shall be binding upon Brisbane Garage Door Specialists unless specifically agreed to by Brisbane Garage Door Specialists in writing. If a customer’s purchase order or other correspondence contains terms or conditions contrary to or in addition to the terms and conditions contained herein or in Brisbane Garage Door Specialists quotation, acceptance of any order by us shall not be construed as assent to such contrary or additional terms and conditions or constitute a waiver by Brisbane Garage Door Specialists of any of the terms and conditions contained herein or in Brisbane Garage Door Specialists quotation. Brisbane Garage Door Specialists acceptance of customer’s purchase order is expressly conditioned on customer’s assent to these terms and conditions. No modification or waiver of these terms and conditions is valid, unless confirmed in writing by an authorized representative of Brisbane Garage Door Specialists.

These terms and conditions form part of the agreement between the client and Brisbane Garage Door Specialists. Your access of this website (brisbanegaragedoorspecialists.com.au) and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein.

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