Below are the South Australian Blind Supplies Terms & Conditions of Sale last updated 2017.

Download a PDF version here – SABS Terms & Conditions

  • Delivery– Delivery will be effected as soon as possible as published in estimated lead times. However due to the nature of custom manufacturing, delays or errors can occur and this timeframe is an estimate only. See clause 5,6
  • Compensation  ‐ No compensation will be offered for inconvenience, cost, lost work time or any other associated losses incurred by the Client due to a delay, warranty or defect. See clause 5,6,13
  • Defects & Warranty  ‐ Unless otherwise specified, SABS products are covered by a twelve (12) month manufacturer’swarranty. Where component suppliers offer a longer warranty this covers only the component costs and not any associated labour or installation costs. Refer clause 13
    The above guarantees do not provide for any fault arising out of obvious damage or misuse.
  • Cancellations of Order  ‐ In the event of cancellation the Client shall pay all costs incurred by SABS up to the date of cancellation. Refer clause 15
  • Recovery of Costs – Unless otherwise agreed the Client agrees to pay any and all outstanding amounts due within the trading terms. Interest on overdue invoices shall accrue daily from 15 days after the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month. The delivery of orders or the acceptance of new orders may be withheld in the event of overdue payment. Discounts only apply to orders paid within agreed trading terms. Refer clauses 4 & 14

1. Definitions
1.1 “SABS” means South Australian Blinds Supplies, a division of Stan Bond (SA) Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Stan Bond (SA) Pty Ltd.
1.2 “Client” means the person/s and/or company buying the Products as specified in any invoice and/or the applicant on the Credit Application form.
1.3 “Products” means all Products or Services supplied by SABS to the Client at the Client’s request from time to time (where the context so permits the terms ‘Products’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Products as agreed between SABS and the Client in accordance with clause 4 below.

2. Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Products.
2.2 These terms and conditions may only be amended with SABS’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and SABS.

3. Change in Control
3.1 The Client shall give SABS not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address,contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by SABS as a result of the Client’s failure to comply with this clause.

4. Price and Payment
4.1 At SABS’s sole discretion the Price shall be either:
(a) as indicated in the official SABS Price List; or
(b) as indicated on any invoice provided by SABS to the Client; or
(c) the Price as at the date of delivery of the Products according to SABS’s current price list; or
(d) SABS’s quoted price (subject to clause 4.2) which will be valid for the period stated in the quotation or otherwise for a period of fourteen (14) days.
4.2 SABS reserves the right to change the Price if a variation to SABS’s quotation is requested. Any variation from the plan of scheduled works or specifications will be charged for on the basis of SABS’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
4.3 The withholding or extension of credit shall be at the absolute discretion of SABS
4.4 The Customer must pay for Products within 30 days of the date SABS sends a statement of the account relating to the Products to the Customer, unless otherwise specified on invoices by SABS.
4.5 Payments to SABS must be made without set‐off or deduction.
 4.6 Payment may be made by cash, cheque, bank cheque, electronic/on‐line banking, credit card (plus a surcharge of 1% for Visa/Mastercard and 3 % for Amex) or by any other method as agreed to between the Client and SABS.
4.7 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

5. Delivery of Products
5.1 Delivery (“Delivery”) of the Products is taken to occur at the time that:
(a) the Client or the Client’s nominated carrier takes possession of the Products at SABS’s address; or
(b) SABS (or SABS’s nominated carrier) delivers the Products to the Client’s nominated address even if the Client is not present at the address.
5.2 At SABS’s sole discretion the cost of delivery may be in addition to the Price.
5.3 The Client must take delivery by receipt or collection of the Products whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Products as arranged then SABS shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.4 Any time or date given by SABS to the Client is an estimate only. The Client must still accept delivery of the Products even if late and SABS will not be liable for any loss or damage incurred by the Client as a result of the delivery being late.

6. Delays & Extension of Time
6.1 SABS and the Client acknowledge that due to the custom manufactured and highly specific nature of the Products, delays in Delivery due to supply restrictions, manufacturing errors or installation delays may occur.
6.2 The Client accepts that delays of up to six (6) weeks will be considered reasonable where supply restrictions, manufacturing errors or installation delays occur.
6.3 SABS will endeavour to alert the Clients via phone, fax, email or sms message about delays before any expected completion date, however failure to do so does not constitute a failure of SABS’s contractual obligation.
6.4 The Client agrees that where SABS’s ability to perform its obligations of this contract is adversely affected by war, strike, trade disputes, damage to plant or machinery, shortage or delay of materials or any other cause beyond the control of SABS the contract may be terminated or suspended with written notice to the Client for up to three (3) months at the discretion of SABS.
6.5 The Client accepts that where requested installation may be cancelled with little notice if the installer is delayed or due to hot or wet weather, unsafe access, lack of time or unavailability of parking.
6.6 SABS shall not be liable for any loss, costs or damage whatsoever arising from delays.

7. Risk
7.1 Risk of damage to or loss of the Products passes to the Client on Delivery and the Client must insure the Products on or before Delivery.
7.2 Where the Client is paying for delivery any damage or costs incurred are the responsibility of the Client.
7.3 If any of the Products are damaged or destroyed following delivery but prior to ownership passing to the Client, SABS is entitled to receive all insurance proceeds payable for the Products. The production of these terms and conditions by SABS is sufficient evidence of SABS’s rights to receive the insurance proceeds without the need for any person dealing with SABS to make further enquiries.
7.4 Where SABS is required to install the Products, the Client warrants that the structure of the premises or framing upon which these Products are to be installed is sound and will sustain the installation and work incidental thereto, and that the Client must advise SABS of the precise location of all wiring or plumbing that may be hidden behind any surface at the installation site and clearly mark the same. SABS shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or framing be unable to accommodate the installation or for any damage to hidden wiring or pipes (whether or not the Client is aware of their exact location).
7.5 SABS shall reserve the right to suspend installation due to safety reasons (including, but not limited to, hot or inclement weather), unsafe access or the unavailability of parking and no compensation for losses incurred by the Client will be accepted.
7.6 The Client must notify SABS of any claims for short supply within 24 hours of delivery.
7.7 The Client must notify SABS of any claims for damage within 7 days of delivery.

8. Product Terms and Warnings
8.1 The Client acknowledges and accepts that:
(a) whilst fabric and component manufacturers make every effort to match dye lots, paints, weaves, colours or shades, these may vary between batches of product and/or between sale samples and the actual Product supplied; and
(b) fabric and component manufacturers cannot guarantee to produce perfectly uniform patterned product, therefore there is no guarantee that patterned product will match perfectly when installed; and
(c) the manufacturing process for blinds, awnings and the like may require seams and cross‐joins and that the appearance of these may be affected by light source and in particular the construction of the chosen product. The Client shall accept that some mismatching of patterned fabric may result due to the inherent nature of fabric as mentioned in the above clauses; and
(d) fabric flaws, ripples or marks will be considered viewed from at least one (1) metre of distance in an even light; and
(e) painted and powder coated surfaces will have a uniform appearance in colour and texture when viewed from at least one (1) metre of distance in an even light; and

(f) all powder coated and painted surfaces shall be free of excessive scratches that penetrate through the layers of coatings to the bare metal or surface below as per AS3715‐2002.
8.2 The Client accepts that with the nature of fabric, the finished Products may not roll up or sit level in either the up or down positions. Although SABS shall endeavour to fit the Products to the best possible placement, the Client shall accept that framing that the Products are being attached to may not be square and/or plumb.
8.3 The Client accepts that tension on fabric (in particular applying to Ziptrak and Zipscreen blinds) may cause some rippling and this is considered accepted industry standards.
8.4 The Client accepts that the installation of security doors will be fitted in a best average fit manner to take into account framing that may not be square, and as a result some tapered visible gaps may occur.
8.5 SABS shall be indemnified from any damage that may be caused (including, breakage to tiles) during the removing of existing fittings in preparation of the installation of the Products.
8.6 Where SABS causes damages to tiles, flooring or other surfaces during, SABS shall fix or replace the damaged parts only in as close to the original part as possible. The Client therefore accepts that some variation may occur due to dye lots, patterns of tiles or damaged parts due to age of the parts and availability of such replacements.

9. Access
9.1 The Client shall ensure that SABS has clear and free access to the work site at all times to enable them to undertake the works or deliver products.

10. Title
10.1 SABS and the Client agree that ownership of the Products shall not pass until:
(a) the Client has paid SABS all amounts owing to SABS; and
(b) the Client has met all of its other obligations to SABS.
10.2 Receipt by SABS of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
10.3 It is further agreed that:
(a) until ownership of the Products passes to the Client in accordance with clause 10.1 that the Client is only a bailee of the Products and must return the Products to SABS on request.
(b) the Client holds the benefit of the Client’s insurance of the Products on trust for SABS and must pay to SABS the proceeds of any insurance in the event of the Products being lost, damaged or destroyed.
(c) the Client must not sell, dispose, or otherwise part with possession of the Products other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Products then the Client must hold the proceeds of any such act on trust for SABS and must pay or deliver the proceeds to SABS on demand.
(d) the Client should not convert or process the Products or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of SABS and must sell, dispose of or return the resulting product to SABS as it so directs.
(e) the Client irrevocably authorises SABS to enter any premises where SABS believes the Products are kept and recover possession of the Products.
(f) SABS may recover possession of any Products in transit whether or not delivery has occurred.
(g) the Client shall not charge or grant an encumbrance over the Products nor grant nor otherwise give away any interest in the Products while they remain the property of SABS.
(h) SABS may commence proceedings to recover the Price of the Products sold notwithstanding that ownership of the Products has not passed to the Client.

11. Personal Property Securities Act 2009 (“PPSA”)
11.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
11.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Products that have previously been supplied and that will be supplied in the future by SABS to the Client.
11.3 The Client undertakes to:
(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up‐to‐date in all respects) which SABS may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause;
(b) indemnify, and upon demand reimburse, SABS for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Products charged thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of SABS;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Products in favour of a third party without the prior written consent of SABS;
(e) Immediately advise SABS of any material change in its business practices of selling the Products which would result in a change in the nature of proceeds derived from such sales.
11.4 SABS and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
11.5 The Client waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
11.6 The Client waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
11.7 Unless otherwise agreed to in writing by SABS, the Client waives their right to receive a verification statement in accordance with section 157 of the PPSA.
11.8 The Client must unconditionally ratify any actions taken by SABS under clauses 11.3 to 11.5.
11.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

12. Security and Charge
12.1 In consideration of SABS agreeing to supply the Products, the Client and/or Credit applicant charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
 12.2 The Client indemnifies SABS from and against all SABS’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising SABS’s rights under this clause.
12.3 The Client irrevocably appoints SABS and each director of SABS as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 12 including, but not limited to, signing any document on the Client’s behalf.

13. Defects, Warranties, and Returns
13.1 The Client must inspect the Products on delivery and must within seven (7) days of delivery notify SABS in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Products as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow SABS to inspect the Products or arrange for it to be returned.
13.2 SABS’s liability for any defect or damage in the Products is:
(a) limited to the value of any express warranty or warranty card provided to the Client by SABS at SABS’s sole discretion;
(b) limited to any warranty to which SABS is entitled, if SABS did not manufacture the Products;
(c) otherwise negated absolutely.
13.3 Subject to this clause 13, returns will only be accepted provided that:
(a) the Client has complied with the provisions of clause 13.1; and
(b) SABS has agreed that the Products are defective; and
(c) the Products are returned within a reasonable time at the Client’s cost; and
(d) the Products are returned in as close a condition to that in which they were delivered as is possible.
13.4 SABS shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a) the Client failing to properly maintain or store any Products;
(b) the Client using the Products for any purpose other than that for which they were designed;
(c) the Client continuing the use of any Products after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) the Client failing to follow any instructions or guidelines provided by SABS;
(e) the Client or any third party arranged by the Client installs the Products in an incorrect manner;
(f) any house movement that impacts on the fit of the Products after installation,
(g) fair wear and tear, any accident, or act of God.
13.5 Notwithstanding anything contained in this clause if SABS is required by a law to accept a return then SABS will only accept a return on the conditions imposed by that law.
 13.6 SABS’s liability for a breach of a condition or warranty implied by law into these Terms in respect of Product is
limited to:
(a) in the case where Products are goods, any one or more of the following (at the discretion of SABS):
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; or
(b) in the case where Products are services (at the discretion of SABS):
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

14. Default and Consequences of Default
14.1 The delivery of orders or the acceptance of new orders is at the discretion of SABS and may be withheld in the event of overdue payment.
14.2 Interest on overdue invoices shall accrue daily from 15 days after the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at SABS’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
14.3 If the Client owes SABS any money the Client shall indemnify SABS from and against all costs and disbursements incurred by SABS in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, SABS’s contract default fee, and bank dishonour fees).
14.4 Without prejudice to any other remedies SABS may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions SABS may suspend or terminate the supply of Products to the Client and withdraw any credit facilities. SABS will not be liable to the Client for any loss or damage the Client suffers because SABS has exercised its rights under this clause.
14.5 Without prejudice to SABS’s other remedies at law SABS shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to SABS shall, whether or not due for payment, become immediately payable if:
(a) any money payable to SABS becomes overdue, or in SABS’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
15. Cancellation
15.1 SABS may cancel any contract to which these terms and conditions apply or cancel delivery of Products at any time before the Products are delivered by giving written notice to the Client. On giving such notice SABS shall repay to the Client any money paid by the Client for the Products. SABS shall not be liable for any loss or damage whatsoever arising from such cancellation.
15.2 In the event that the Client cancels delivery of Products the Client shall be liable for any and all loss and/or costs incurred (whether direct or indirect) by SABS as a direct result of the cancellation (including, but not limited to, any loss of profits) being at minimum of thirty‐five percent (35%) of the Price.
16. Privacy Act 1988
16.1 The Client agrees for SABS to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by SABS.
  16.2 The Client agrees that SABS may exchange information about the Client with those credit providers and with related bodycorporates for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.
16.3 The Client consents to SABS being given a consumer credit report to collect overdue payment on commercial credit.
16.4 The Client agrees that personal credit information provided may be used and retained by SABS for the following purposes (and for other agreed purposes or required by):
(a) the provision of Products; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Products; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Products.
16.5 SABS may give information about the Client to a CRB for the following purposes:
(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.
16.6 The information given to the CRB may include:
(a) personal information as outlined in 16.1 above;
(b) name of the credit provider and that SABS is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);

(f) advice of consumer credit defaults, overdue accounts, loan repayments or    
outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and SABS has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of SABS, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
16.7 The Client shall have the right to request (by e‐mail) from SABS:
(a) a copy of the information about the Client retained by SABS and the right to request that SABS correct any incorrect information; and
(b) that SABS does not disclose any personal information about the Client for the purpose of direct marketing.
16.8 SABS will destroy personal information upon the Client’s request (by e‐mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
  16.9 The Client can make a privacy complaint by contacting SABS via e‐mail. SABS will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
17. Unpaid Seller’s Rights
17.1 Where the Client has left any item with SABS for repair, modification, exchange or for SABS to perform any other service in relation to the item and if after three (3) months SABS has not received or been tendered the whole of any monies owing to it by the Client, SABS shall have, until all monies owing to SABS are paid:
(a) a lien on the item; and
(b) the right to retain or sell the item, such sale to be undertaken in accordance with any legislation applicable to the sale or disposal of uncollected goods.
17.2 The lien of SABS shall continue despite the commencement of proceedings, or judgment for any monies owing to SABS having been obtained against the Client.
18. Intellectual Property
18.1 Subject to clause 18.2, all Intellectual Property produced by SABS in connection with the supply of the Products, will be SABS’s property. This includes but is not limited to Price Lists, Brochures and Product Information Guides.
18.2 All intellectual property remains the exclusive ownership and copyright of SABS.
19. General
19.1 The failure by SABS to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect SABS’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not
be affected, prejudiced or impaired.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of South Australia in which SABS has its principal place of business, and are subject to the jurisdiction of the courts in South Australia.
19.3 Subject to clause 13, SABS shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by SABS of these terms and conditions (alternatively SABS’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Products).
19.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by SABS nor to withhold payment of any invoice because part of that invoice is in dispute.
19.5 SABS may license or sub‐contract all or any part of its rights and obligations without the Client’s consent.
19.6 The Client agrees that SABS may amend these terms and conditions at any time. If SABS makes a change to these terms and conditions, then that change will take effect from the date on which SABS notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for SABS to provide Products to the Client.
 19.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock‐out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
19.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.