Terms and Conditions

By accepting the Supplier’s quotation and paying the required deposit, the Customer enters into a binding agreement with ShadeSails Australia (“the Supplier”). These Terms and Conditions apply to all goods and services supplied unless varied in writing and signed by both parties.

All installation or completion dates are estimates only. Timeframes may vary due to weather conditions, material availability, engineering requirements, or other factors outside the Supplier’s control. The Supplier is not liable for delays arising from such circumstances.

Any variation to the quoted works, materials, design, engineering, or installation method must be approved in writing by both parties. Variations may result in additional charges and extended timeframes.

Final pricing may change if engineering specifications require alterations to steelwork, footings, fixing points, or structural design. The Customer agrees to pay any additional costs arising from engineering requirements.

If the Customer delays the commencement or continuation of works for reasons outside the Supplier’s control, the Supplier may issue a progress invoice for work completed, materials procured, or labour allocated.

If rock, water, sand, tree roots, or other unexpected ground conditions are encountered during excavation, additional charges will apply. The Supplier is not responsible for delays or costs arising from such conditions.

The Customer is solely responsible for identifying and accurately marking the location of all underground services, including but not limited to water, sewerage, stormwater, electrical, gas, and telecommunications.

While reasonable care will be taken, the Supplier accepts no liability for damage to underground services that were not disclosed, incorrectly located, or concealed. Any repair or relocation costs will be payable by the Customer.

Although all reasonable care will be taken, the Supplier accepts no responsibility for damage to tiles, pavers, concrete coatings, or other fragile surfaces during installation, including ceramic tiles installed over compressed fibro sheeting.

All invoices are issued pursuant to the Building and Construction Industry Payments Act 2004 (QLD). Materials remain the property of the Supplier until full payment is received.

The Customer must inspect all goods and workmanship upon completion and notify the Supplier in writing within 7 days of any alleged defect.

If a defect is accepted by the Supplier, the Supplier’s liability is strictly limited to repair or replacement at the Supplier’s discretion.

Failure to notify the Supplier within 7 days constitutes full acceptance of the works, and the Customer indemnifies the Supplier against all claims, costs, or damages relating to the goods or workmanship.

The Customer is responsible for maintaining the sail after installation, including ensuring correct tensioning.

During high winds, storms, or severe weather events, the sail must be removed. Damage caused by storms, vandalism, wildlife (including birds), accidents, or external events—whether during or after the warranty period—will incur repair or replacement charges.

All building approvals, permits, certifications, and statutory requirements are the responsibility of the Customer or landowner unless otherwise agreed in writing.

Where QBCC insurance is required, the Customer must pay the applicable premium as an additional charge. This applies to domestic projects where:

• the structure is attached to a building, or
• the structure exceeds 10 m², and
• the contract value exceeds $3,001.

If an account becomes overdue, the Supplier may apply a 20% administration fee, calculated daily and compounded monthly, on the outstanding amount.

The Supplier may refer the debt to a collection agency, and all recovery costs will be payable by the Customer.

When attaching to existing posts, walls, beams, or fixing points—whether visible or concealed—the Supplier relies on the Customer’s representations regarding suitability.

If any fixing point is later determined to be inadequate, unsafe, or structurally unsuitable, rectification costs will be charged to the Customer.

The Customer must advise the Supplier during the quotation process if the property is constructed using Truecore/“Tru Blue” steel framing or any structure lacking timber framing or trusses. Failure to disclose this may result in additional installation costs.

To the maximum extent permitted by law:

• the Supplier’s total liability is limited to the contract price;
• the Supplier is not liable for indirect, special, or consequential loss;
• the Customer indemnifies the Supplier against all claims arising from misuse, lack of maintenance, unauthorised modifications, or failure to follow instructions.

Nothing in these Terms excludes rights under the Australian Consumer Law.