Terms of Trade

XN Windows Pty Ltd
ABN: 18 645 334 158
Effective Date: 12 June 2025

These Terms of Trade govern all supply and installation of aluminium windows and doors by XN Windows Pty Ltd (“XN Windows”, “we”, “us”, or “our”) and form a binding agreement between us and the client (“you” or “the client”). These terms apply to every quotation, order, site visit, or project engagement unless explicitly varied in writing by an authorised representative of XN Windows. By accepting a quotation, issuing instructions, making a payment, or allowing work to proceed, you are deemed to have read, understood, and agreed to these terms in full.

Quotations, Acceptance and Scope of Work

All quotations issued by XN Windows are valid for 30 calendar days unless otherwise stated. Quotations represent the scope of work, materials, and pricing offered at that time and are subject to revision after the expiry period. A contract is considered accepted upon receipt of written approval or payment of a deposit. Acceptance by a builder, project manager, or other agent will be deemed valid and binding on the principal party.

The scope of works includes only the items and services expressly listed in the quotation or agreement. Any exclusions—such as demolition, plastering, painting, security products, electrical work, or unrelated trades—will not be provided unless specifically noted. All variations, including design amendments, timing changes, or access issues, must be submitted in writing and approved by XN Windows prior to implementation, and may incur additional charges or scheduling delays.

Specifications, Approvals, Site Measurements and Access

The client is responsible for ensuring that all specifications, drawings, plans, and approvals are accurate and final prior to the commencement of production. Where XN Windows is engaged to perform site measurements, the site must be in a suitable and accessible condition to allow for accurate assessment. We accept no responsibility for errors, omissions, or project impacts resulting from incomplete or incorrect information supplied by the client, their consultants, or site representatives.

Safe, level, and unobstructed access to the site must be provided at the scheduled time of delivery or installation. Where access is delayed or restricted, or the site is found to be structurally unsuitable or non-compliant with agreed tolerances, we reserve the right to reschedule the work or charge for additional labour, equipment, or downtime. Compliance with any safety requirements, including scaffolding, elevated access, or WHS obligations, remains the responsibility of the client unless expressly included in writing as part of our scope.

Production, Scheduling and Project Delays

Work will not commence until the required deposit has been received in cleared funds and all product selections, measurements, and specifications are confirmed in writing. Estimated lead times and installation windows provided at quotation or approval are indicative only and may be subject to change based on supplier availability, weather, permit delays, client-side changes, and broader logistics. XN Windows will make all reasonable efforts to meet projected timelines but is not liable for any delay or resulting cost or loss where delays are caused by circumstances outside our direct control.

Should the client postpone or delay installation with less than five business days’ notice, or where completed goods cannot be installed due to access or site conditions, XN Windows reserves the right to charge storage fees and/or rebooking costs. Clients must ensure the site is ready for work on the scheduled date to avoid additional charges.

Payment Terms, Title, Risk and Suspension of Works

Unless stated otherwise in writing, a deposit of 50% of the total contract value is required to commence fabrication. The balance is due immediately upon delivery to site or completion of installation, whichever occurs first. Goods remain the legal property of XN Windows until full payment is received. Risk in the goods passes to the client upon delivery to site or installation.

Late or incomplete payment entitles XN Windows to suspend further work, withhold delivery, or reschedule without liability for delay. Recommencement will be at our sole discretion once outstanding amounts have been cleared. The client must not withhold payment or offset amounts unless required by law. If legal recovery is required, all reasonable costs of enforcement—including debt collection fees and legal expenses—will be recoverable from the client.

Variations, Cancellations and Intellectual Property

All requested variations must be submitted in writing and are not binding until confirmed by XN Windows. Approved variations may result in additional charges and adjusted timelines. If a project is cancelled by the client after acceptance, we may invoice for any materials procured, labour already committed, and administrative overheads. Deposits are non-refundable once production has commenced.

All drawings, elevations, diagrams, schedules, and documentation prepared by XN Windows remain our intellectual property unless agreed otherwise in writing. These may not be reused, copied, or provided to third parties for purposes unrelated to the quoted works. We grant you a non-exclusive right to use such documentation only for the execution of the project for which it was created.

Warranties and Limitations

XN Windows supplies products with manufacturer warranties in accordance with Australian Consumer Law. Where installation is performed by XN Windows, workmanship is warranted for a period of 12 months from date of completion. Supply-only orders are not covered by any installation warranty. Warranty claims will not be accepted where faults arise from misuse, unauthorised modification, poor maintenance, failure to follow care instructions, or structural movement beyond our control.

To the fullest extent permitted by law, our total liability in relation to any claim, damage, or loss—whether arising in contract, tort, or statute—shall be limited to the total amount paid under the relevant contract. We are not liable for any indirect, special, or consequential losses, including loss of income, delays in broader projects, or reputational damage.

Damage, Indemnity and Site Protection

The client is responsible for ensuring reasonable site protection is in place prior to our attendance. While we take care during installation, we are not liable for damage to finished surfaces, adjacent structures, flooring, or fixtures unless caused by proven negligence. The client indemnifies XN Windows against all third-party claims, loss, or liability resulting from failure to meet site obligations, unauthorised reuse of our work, or misrepresentations that result in direct loss.

Force Majeure and External Disruption

XN Windows shall not be liable for failure to perform, delay, or cost escalation caused by events beyond our reasonable control. This includes—but is not limited to—supplier shortages, transport disruption, extreme weather, industrial action, pandemic-related shutdowns, or changes in law. In such cases, performance obligations will be extended accordingly without penalty.

Dispute Resolution and Governing Law

Should a dispute arise under this agreement, the parties must first attempt to resolve it in good faith. If no resolution is achieved within a reasonable time, the matter may be referred to mediation. Legal proceedings may not be commenced unless mediation has been attempted in good faith. These terms are governed by the laws of the State of Victoria. Both parties irrevocably submit to the non-exclusive jurisdiction of its courts and tribunals.

Entire Agreement

These Terms of Trade, together with the approved quotation and any written variations, constitute the entire agreement between XN Windows and the client. No verbal representation, statement, or promise shall be relied upon unless confirmed in writing. These terms may not be varied or waived except in writing signed by both parties.