Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your use of the Oknalux Pty Ltd (ABN: 33 166 828 351) (“Oknalux”, “we”, “us”, or “our”) website located at https://oknalux.com.au/ and the purchase of our products and services.

By accessing or using our website, requesting a quote, or purchasing our products or services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

These Terms should be read in conjunction with our Privacy Policy.

2. Definitions

• “Products” means double and triple glazed windows, doors, roller shutters, blinds, plantation shutters, flyscreens, and related products offered by Oknalux.
• “Services” means consultation, measurement, installation, maintenance, and other services provided by Oknalux.
• “Customer” or “you” means any person or entity that uses our website, requests a quote, or purchases our Products or Services.
• “Contract” means the agreement formed between Oknalux and the Customer upon acceptance of a quote or order.
• “Website” means https://oknalux.com.au/ and all associated pages.

3. Website Use

3.1 Permitted Use

You may use our Website for lawful purposes only. You agree not to:

• Use the Website in any way that breaches applicable laws or regulations
• Transmit any harmful, offensive, or unlawful content
• Attempt to gain unauthorised access to our systems or networks
• Interfere with the proper functioning of the Website
• Use automated systems or software to extract data from the Website without our consent
• Reproduce, duplicate, copy, or resell any part of the Website without our express permission

3.2 Intellectual Property

All content on our Website, including text, graphics, logos, images, videos, and software, is the property of Oknalux or our licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.

You may view, download, and print pages from the Website for your personal, non-commercial use only. Any other use requires our prior written consent.

3.3 User-Generated Content

If you submit reviews, testimonials, comments, photos, or other content to our Website or social media pages, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify, publish, and display such content for marketing and promotional purposes.

You represent and warrant that any content you submit does not infringe the rights of any third party and that you have all necessary permissions to grant us this licence.

4. Quotes and Orders

4.1 Quote Requests

Quote requests submitted through our Website or by phone do not constitute an offer to purchase. All quotes are:

• Provided free of charge and without obligation
• Valid for 30 days from the date of issue unless otherwise stated
• Based on the information provided by the Customer
• Subject to final measurements and site inspection
• Exclusive of GST unless otherwise stated

4.2 Acceptance of Quotes

A Contract is formed when:

• The Customer accepts a quote in writing (including email or signed quote form), and
• Any required deposit is received by Oknalux

We reserve the right to refuse or cancel any order at our discretion.

4.3 Custom Products

All our Products are custom-made to order based on your specifications. Once an order is confirmed and manufacturing has commenced, cancellations or modifications may not be possible or may incur additional charges.

4.4 Product Information

We make every effort to ensure that product descriptions, images, and specifications on our Website are accurate. However:

• Product images are for illustration purposes and may not reflect exact colours or finishes
• Slight variations may occur due to screen display settings
• Specifications may change without notice as technology improves
• We are not liable for minor discrepancies between product images and actual products

5. Pricing and Payment

5.1 Pricing

• All prices are in Australian Dollars (AUD)
• Prices are subject to change without notice
• The price applicable is the price stated in your accepted quote
• GST will be added to all prices where applicable
• Additional charges may apply for site-specific requirements, difficult access, or changes to specifications

5.2 Payment Terms

Unless otherwise agreed in writing, payment terms are:

• Deposit: A deposit (typically 50% of total cost) is required upon acceptance of quote
• Progress Payment: May be required at specified project milestones
• Final Payment: Due upon completion of installation or before delivery

5.3 Payment Methods

We accept payment by:

• Bank transfer (EFT)
• Credit card
• Cash (at our showrooms)
• Cheque (subject to clearance)

5.4 Late Payment

If payment is not received by the due date:

• We may suspend or cancel the order
• Interest may be charged at a rate of 2% per month on overdue amounts
• We may engage debt collection services, and you will be liable for all collection costs
• We reserve the right to retain ownership of Products until full payment is received

6. Delivery and Installation

6.1 Delivery Timeframes

• Estimated delivery and installation timeframes are provided as a guide only
• Actual timeframes may vary due to manufacturing schedules, weather, site conditions, or other factors
• We are not liable for delays beyond our reasonable control

6.2 Installation Services

When installation is included in your Contract:

• Installation will be performed by our qualified installers or approved contractors
• You must provide safe and reasonable access to the installation site
• You are responsible for ensuring utilities (electricity, water) are available if required
• You must remove any obstacles or furniture that may impede installation
• You should protect valuable items in the work area
• Installation may require temporary disruption to your property

6.3 Site Conditions

Our quotes are based on standard site conditions. Additional charges may apply if:

• Structural modifications are required
• Existing frames or openings are non-standard
• Difficult access requires special equipment
• Asbestos or hazardous materials are discovered
• Additional preparation work is needed

6.4 Inspection and Acceptance

Upon completion of installation, you should inspect the Products and notify us immediately of any issues. Your signature on the completion certificate constitutes acceptance of the work, subject to warranty provisions.

7. Warranties

7.1 Product Warranties

We provide the following warranties:

• Glazing: Lifetime warranty on sealed glazing units
• Frames: 10-year warranty on frame materials and construction
• Hardware: Manufacturer’s warranty (typically 5-10 years)

Our warranties cover defects in materials and workmanship under normal use. Warranties are subject to the terms and conditions provided at the time of purchase.

7.2 Warranty Exclusions

Warranties do not cover:

• Normal wear and tear
• Damage caused by misuse, abuse, or negligence
• Damage from accidents, natural disasters, or Acts of God
• Unauthorised modifications or repairs
• Failure to follow care and maintenance instructions
• Damage from improper cleaning products
• Colour fading due to prolonged UV exposure (beyond manufacturer specifications)
• Minor cosmetic imperfections that do not affect functionality

7.3 Warranty Claims

To make a warranty claim:

• Contact us with details of the defect and proof of purchase
• Allow us reasonable time to inspect the Products
• We will repair or replace defective Products at our discretion
• We are not liable for consequential losses

7.4 Australian Consumer Law

Our Products and Services 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 Products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Nothing in these Terms excludes, restricts, or modifies any consumer rights or guarantees under the Australian Consumer Law or other applicable laws.

8. Limitation of Liability

8.1 General Limitations

To the maximum extent permitted by law:

• Our total liability for any claim is limited to the cost of the Products or Services that gave rise to the claim
• We are not liable for indirect, consequential, special, or punitive damages
• We are not liable for loss of profits, business interruption, or loss of data
• We are not liable for delays or failures due to circumstances beyond our reasonable control

8.2 Force Majeure

We are not liable for failure to perform our obligations due to events beyond our reasonable control, including but not limited to:

• Natural disasters (floods, fires, earthquakes)
• Pandemic or epidemic
• War, terrorism, or civil unrest
• Government actions or restrictions
• Supply chain disruptions
• Labour disputes

8.3 Third-Party Products

Where we supply third-party products (such as hardware or accessories), we pass on the manufacturer’s warranty but provide no additional warranty beyond what is required by law.

9. Cancellation and Returns

9.1 Cancellation by Customer

Because our Products are custom-made to your specifications:

• Cancellations before manufacturing commences may be accepted, subject to a cancellation fee
• Once manufacturing has commenced, orders cannot be cancelled
• Deposits are non-refundable once manufacturing begins
• If you cancel after manufacturing, you remain liable for the full contract price

9.2 Cancellation by Oknalux

We may cancel a Contract if:

• Payment is not received when due
• You breach these Terms
• Circumstances beyond our control prevent us from fulfilling the order
• We discover that the information provided was false or misleading

If we cancel, we will refund any payments received, less any costs incurred up to the date of cancellation.

9.3 Returns

Due to the custom nature of our Products, we do not accept returns except:

• Where Products are faulty or defective (under warranty)
• Where we have supplied incorrect Products
• As required by Australian Consumer Law

10. Measurements and Specifications

10.1 Customer-Provided Measurements

If you provide measurements:

• You are responsible for the accuracy of those measurements
• We strongly recommend using our professional measurement service
• We are not liable for Products that do not fit due to incorrect measurements provided by you
• You may be liable for the cost of replacement Products if measurements are incorrect

10.2 Oknalux Measurements

If we provide measurement services:

• We will take reasonable care to ensure accurate measurements
• You must disclose any known issues with the site before measurement
• Minor adjustments during installation may be necessary
• We are not liable for variations caused by building settlement or structural movement

11. Property Access and Safety

11.1 Access

You agree to:

• Provide safe, clear, and timely access to your property for measurement and installation
• Ensure adequate parking is available for our vehicles
• Notify us of any access restrictions, hazards, or special requirements
• Secure pets during site visits
• Ensure someone over 18 is present during installation

11.2 Safety

• Our installers will comply with all workplace health and safety requirements
• You must notify us of any known hazards on your property
• If asbestos is present, work will be suspended until proper remediation is completed
• We reserve the right to cease work if conditions are unsafe

11.3 Property Protection

• We will take reasonable care to protect your property during installation
• You should remove or protect valuable items in the work area
• Minor cosmetic damage (paint chips, small marks) may occur and is the Customer’s responsibility to rectify
• We will clean up installation debris, but you are responsible for final cleaning

12. Building Codes and Compliance

12.1 Compliance Responsibility

• You are responsible for obtaining any necessary permits, approvals, or council consents
• You must ensure the installation complies with relevant building codes and regulations
• We can provide technical specifications and assistance, but final compliance is your responsibility
• Additional costs may apply if changes are required to meet regulatory requirements

12.2 Strata and Body Corporate

If your property is subject to strata or body corporate rules, you must:

• Obtain necessary approvals before ordering
• Ensure the Products comply with any by-laws or regulations
• We are not liable if installation cannot proceed due to lack of approval

13. Privacy

We collect and use your personal information in accordance with our Privacy Policy. By using our Website or services, you consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy.

14. Dispute Resolution

14.1 Good Faith Negotiations

If a dispute arises, both parties agree to first attempt to resolve it through good faith negotiations.

14.2 Mediation

If negotiations fail, the parties agree to attempt mediation before commencing legal proceedings.

14.3 Governing Law

These Terms are governed by the laws of South Australia, and you submit to the non-exclusive jurisdiction of the courts of South Australia.

15. General Terms

15.1 Entire Agreement

These Terms, together with your accepted quote and our Privacy Policy, constitute the entire agreement between you and Oknalux.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

15.5 Notices

All notices must be in writing and sent to the addresses specified in Section 16. Notices sent by email are deemed received on the next business day.

15.6 Relationship

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Oknalux.

16. Changes to These Terms

We may update these Terms from time to time. Changes will be effective when posted on our Website with a new “Last Updated” date. Your continued use of our Website or services after changes are posted constitutes acceptance of the updated Terms.

For Contracts already entered into, the Terms in effect at the time of Contract formation will apply.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Oknalux Pty Ltd
ABN: 33 166 828 351

Adelaide Office:
1207-1209 South Road
St. Marys, SA 5042
Phone: (08) 8876 5300

NSW Office:
12 Harris Street
NSW
Phone: (02) 9833 2993

National Phone: 1300 265 250
Website: https://oknalux.com.au/contact/

18. Acknowledgment

By using our Website, requesting a quote, or purchasing our Products or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.