|
Seabridge Australia Walk in Bath
Any order placed by the Customer is deemed to be an order incorporating these terms and conditions notwithstanding any inconsistencies which may be introduced in the Customer’s order on acceptance unless expressly agreed to by the Company in writing.
These Terms and Conditions shall prevail over all Terms and Conditions of the Customers order to the extent of any inconsistency.
1. GENERAL
1.1. In these conditions of sale –
“the Company” means Tall Poppy Technology Pty Ltd
T/A Seabridge Bathing Australia ( ABN 15 092 227 248 ) of 8A Glenhaven Rd Glenhaven NSW 2156
“the Purchaser” means the person or company placing an order with the Company for the purchase of goods.
“the Equipment” means those goods which are the subject of the Quotation Schedule (as amended, if applicable).
“the Contract Value” means the total price for the supply, installation and commissioning of the equipment which is the subject of the quotation schedule.
2. PAYMENT
2.1. All payments should be made payable to ‘Seabridge Bathing Australia”, unless otherwise noted. All invoices fall due for payment fourteen (14) days from the date of invoice for account customers. Non account customers, balance due prior to shipping of goods.
2.2 A non-refundable deposit of thirty percent (30%) is required with confirmation of the order unless otherwise specified.
2.3. For account customers, the contract value falls due for invoicing on the contract completion date shown on the quotation schedule or in the company’s order acknowledgment letter or on the actual completion date if this is earlier.
2.4. In the event that the company, during the progress of the contract work, is able and is willing to complete the contract work, but is delayed in or prevented from so doing by causes beyond the company’s control (Including but not limited to delays by other contractors of the purchaser), or failure by the purchaser to have any part of the site ready at the time specified in the contract or to allow the company unhindered and continuous access to the site, or any other act, neglect or default of the purchaser so that the company is requested by the purchaser to delay the completion of the contract work and if such prevention or request results in the contract work not being completed within 5 days of the agreed date, the purchaser shall:-
2.4.1. Pay forthwith to the company the agreed price of all completed work and equipment ready for delivery.
2.4.2. Re-negotiate with the company the time when and the terms under which the contract work shall be completed. Such terms shall include but not be limited to the payment by the purchaser of all costs and expenses of the company attributable to or resulting from such delays or prevention.
3. OVERDUE ACCOUNTS
3.1. Interest on account customer accounts overdue more than fourteen (14) days from date of invoice will be charged from the day the amount became due.
3.2. The purchaser agrees to pay interest on any overdue accounts at the rate from time to time applied by Westpac Banking corporation on overdrafts in excess of One Hundred Thousand Dollars ($100,000) plus 2 percent (2%).
4. NON PAYMENT
4.1. The company reserves its right to render the equipment inoperative if payment has not been received on the due date.
4.2. The purchaser expressly acknowledges and declares that it will not be entitled to make any claim whatsoever or howsoever arising against the company for any damages arising as a result of the company rendering the equipment inoperative in the event of non payment.
4.3. The purchaser expressly acknowledges and declares that payment in full of the contract amount shall be a condition precedent to any legal action whatsoever or howsoever against the company relating in any way to any part of the equipment
5. WARRANTY
5.1. Safe Bath equipment is warranted for a period of twelve (12) months commencing from the date of commissioning. The warranty and compliance obligations are by Safe Bath.
During the warranty period, any equipment repairs which may be necessary, other than as a result of physical damage, loss or misuse or abuse, will be promptly carried out on site subject to terms and conditions of the warranty at no cost where applicable, within metropolitan area’s during normal business hours. Outside the metropolitan areas the purchaser will be charged for travel time and expenses. Outside normal working hours, repairs will be charged at the company’s standard rates.
5.2. The warranty extends only to equipment supplied by the company, maintained by a person properly trained by the company and interfaced in accordance with the conditions specified by the company.
6. LIABILITY
6.1. The liability of the company under this contract or under any condition or warranty under The Trade Practices Act and relevant state legislation, to the extent permitted, shall be limited, at the company’s option, to the repair or replacement of the equipment or the supply of equivalent equipment or the payment of the equivalent amount, or to a refund of the purchase price, and in the case of services, to supplying of the services again or the payment of the cost of having the services supplied again. The company shall not be liable for any other claims or damages including, but not limited to, claims for faulty designs, negligent or misleading advise, damages arising from loss or use of the equipment and any indirect, special or consequential damages or injury to any person, corporation or other entity.
6.2. The company shall not be under any liability for any equipment which has been maintained or tampered with by a person who is not an employee of the company or its authorised agent.
6.3. Except as provided in these terms and conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of the goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are hereby expressly excluded.
6.4 Careless handling or malicious damage is not covered by warranty. With the Avalon model, misuse of the door is not
covered
All fiberglass and/or acrylic goods, by nature, may have minor flaws; this is not a basis for rejection of good, warranty claim or refusal of payment.
Where tiling is done in an existing site, tiles may not be able to be matched perfectly
Where installation is done by third party, we are not liable for faults in installation, or faults caused by third party, unless the third part is directly employed by us
7. PASSING OF RISK
7.1. Risk in the equipment shall pass to the purchaser upon delivery of the equipment to the purchaser or collection of the equipment by the purchaser’s agent or courier as the case may be.
7.2. The purchaser is responsible for insuring the equipment from the time of the passing of the risk in the equipment.
8. PASSING OF PROPERTY
8.1. Title to the equipment shall not pass to the purchaser until payment in full is received by the company from the purchaser.
8.2. The purchaser shall be in default under this agreement and the purchase price shall become immediately due and payable if the purchaser is a natural person and is declared bankrupt or enters a scheme or any assignment for the benefit of creditors or if the purchaser is a corporation or authority and it resolves to go into liquidation or has a petition for winding up presented or enters into any scheme of arrangement with its creditors, or has a liquidator, receiver, receiver and manager or official manager appointed.
9. ACKNOWLEDGMENTS BY PURCHASER
The purchaser hereby acknowledges and agrees;
9.1. That the equipment must be used properly and with care at all times.
9.2. That in certain instances, pre-installation works may form a substantial part of the quoted cost and form part of any compensation payable to the company on cancellation.
9.3. That the company will not accept equipment returned for credit where such equipment has been used.
9.4. That the company will not accept equipment returned for credit even if equipment has not been used except by prior arrangement with the company prior to the return of such equipment.
10. CANCELLATION
10.1. If the purchaser cancels any order arising from a quotation after fourteen (14) days of placement of such order but before delivery, it shall be on the following basis (all cancellation fees based on the contract value);
10.1.1. Thirty percent (30%) cancellation fee for any cancellation; plus
10.1.2. Payment of the whole of the costs to which the company has become and will become liable up to the date of cancellation.
10.2. If the purchaser cancels any order arising from a quotation after delivery of such order, it shall be on the following basis (all cancellation fees based on contract value);
10.2.1. Payment in full for the equipment as per the quotation schedule and the cost to the company of any works done by the company in preparation for the delivery and installation of any part of the equipment.
11. MAINTENANCE
11.1. The purchaser acknowledges and agrees that the sole obligation for proper maintenance of equipment rests with the purchaser
11.2. The company may provide a business plan maintenance immediately after the end of the warranty period. The company will invoice the purchaser for a one (1) year maintenance agreement at the end of the warranty period.
12. TRAINING
12.1. Upon commissioning of the system, one complimentary on-site will be provided by the installer [if installed by us].
13. FORCE MAJEURE
13.1. In the event of any delay or prevention in performance by the company due to any cause arising from or attributable to any act of God or to any event beyond reasonable control of the company (including but not limited to delays in obtaining statutory authority approvals, strikes, lockouts, civil commotion, war, fire, explosions, storm, earthquake, failure of plant, compliance with governmental authority, inability to obtain suitable materials, components, labour, power or transportation) the company shall be under no liability for loss or injury suffered by the purchaser thereby and any delivery date or dates herein provided shall be postponed during the period of such delay or prevention.
14. TERMINATION OF CONTRACT
14.1. If the purchaser is in default under this contract the company may, in addition to any other right under this contract or at law, terminate the contract.
15. APPLICABLE LAW
15.1. This contract shall be governed and construed in accordance with the laws in force in the State of New South Wales and any dispute or litigation arising in relation hereto shall be dealt with in the appropriate New South Wales Court nearest Sydney.
16. WAIVER
16.1. The company may elect to waive any of its rights hereunder but no such waiver shall affect the company’s rights in respect to any further or continuing or recurring breach or event.
17. SEVERABILITY
17.1. In the event that any part of these terms and conditions are void, voidable, illegal or otherwise unenforceable it may be severed, therefrom and the remaining provisions of these terms and conditions shall remain in force and effect.
|
