Terms and Conditions - Deck Restoration
Definitions
1.1 In these terms and conditions:
(1) Customer means the person purchasing the goods and services upon these terms and conditions and any entity acting on behalf of or with the authority of the Customer; and
(2) Supplier means Multi Services Ltd. t/a Deck Restoration NZ and any related body corporate of the Supplier
(3) Services means services supplied by the Seller to the Customer and includes any advice or recommendations.
(4) Price means the price of the Products as set out in the Quote or, where no Quote has been provided, as notified by the Seller to the Customer.
(5) Products means Goods, Services or a combination of both.
(6) Quote means the Seller’s quote for the supply of Products to which these Terms are attached.
(7) Terms means these terms and conditions of trade.
2 Binding terms and conditions
2.1 The only terms which are binding upon the Supplier are:
(1) Those set out in these terms and conditions or otherwise agreed to in writing by the Supplier; and
(2) those, if any, which are imposed by law, and which cannot be excluded.
3 Quotations
3.1 Any prices shown in the Supplier’s quotations are valid for 30 days from the date of the quotation and are otherwise subject to alteration.
3.2 The Customer must check the quotation carefully as the Supplier will only supply the goods and/or services shown in the Supplier’s quotation.
3.3 Any variations to the price of the goods or services to be supplied as shown in the Supplier’s quotation must be agreed in writing.
3.4 To enable the Supplier to supply the goods and/or services as shown in the Supplier’s quotation, the Customer must ensure that at all times the Supplier has free and clear access to the relevant worksite, failing which additional charges may apply.
4 Acceptance
4.1 Where the Seller accepts a Quote, or otherwise requests or accepts Products from the Seller, these Terms shall apply to the supply of those Products.
(b) The Seller shall not be bound by any statement (including any advice or recommendation), condition or agreement (representation) made by a representative of the Seller unless that representation is expressly stated in a Quote.
6 Payment
6.1 Payment for goods and/or services sold by the Supplier to the Customer must be tendered in full no later than the date of sale or otherwise specified by the Supplier.
6.2 Payment must be treated as made:
(1) if cash, direct credit or credit card is tendered – on the date it is tendered; and
6.3 If the Customer defaults in making payment to the Supplier in accordance with these terms and conditions the Supplier may in its absolute discretion:
(1) charge the Customer interest calculated on the portion of the The customer’s account overdue at the rate of 2.5% per month from the date on which the default arose; and
(2) require the Customer to reimburse the Supplier for all collection costs including legal costs incurred by the Supplier calculated on a solicitor and client basis as a consequence of the Supplier instructing its solicitor to provide advice to it in connection with the default and to institute such recovery process as the Supplier in its discretion decides.
6.4 If the Customer cancels or otherwise does not complete an order for goods and/or services, the Supplier may retain the deposit at its Discretion.
7 Cancellation fee
7.1 If the Customer cancels an appointment for the Supplier to supply goods and services within 24 hours of the scheduled appointment, a cancellation fee of $150 inclusive GST will be payable by the Customer to the Supplier regardless of the reason for the cancellation.
8 Privacy Act 1993
8.1 The Customer authorises the Seller to collect, retain, use and disclose to any person, personal information about the Customer, for the purposes of assessing the Customer’s creditworthiness, debt collection, or marketing any Products to Customer.
9 Warranties
9.1 (a) The Seller warrants that:
(i) Services will be provided with reasonable care, skill and diligence and will conform to the relevant Quote.
(b) Except as required by law, the Seller provides no other warranties in respect of Products other than those expressly set out in a Quote.
(c) The Customer shall inspect the Goods on delivery and the Services on completion and shall within seven (7) days of delivery or completion notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the relevant Quote, or where there is no Quote or any other description provided by the Seller in writing.
(d) If the Customer believes, in good faith, that any Products are defective in any way, the Customer must notify the Seller in writing and allow the Seller an opportunity to inspect the affected Products within a reasonable time. If the Customer fails to comply with this paragraph, the affected Products shall be conclusively presumed to be free from any defect or damage.
(e) Where the Seller is not the manufacturer of the Goods, the Seller will use all reasonable endeavours to pass on to the Customer the benefit of the manufacturer’s warranty.
(f) Except as prohibited by law, the Seller’s liability for defective Products is limited to replacing or (at the Seller’s discretion) repairing Goods, or redelivering Services.
10 Consumer Guarantees Act 1993 (CGA)
a) Where the customer is in trade or purchase products for the purposes of a business, the provisions of CGA shall not apply.
b) Nothing in these Terms is intended to exclude any of the guarantees given to a consumer pursuant to the CGA. To the extent any provision of these Terms purports to exclude or limit any right or remedy of the consumer under the CGA, that provision shall be read down so as to be compliant with the CGA.
11 Force Majeure
11.1 Seller will not be liable to Customer for any delay or non-performance of its obligations arising from any cause beyond Seller’s control including any act of God, governmental act, war, fire, flood, explosion, civil commotion, strike, lockout or other industrial action (including any such action by subcontractors of Seller) (force majeure event), and the performance of Seller’s obligations, to the extent affected by the force majeure event, will be suspended during the period that the cause persists.
12 General
12.1 (a) If any part, term or provision of these terms and conditions is found to be unenforceable or rendered to be ineffective by virtue of non-registration, illegality or otherwise, then such part, term or provision shall be severed, without the validity and enforceability of the remaining provisions being affected, prejudiced or impaired.
(b) Buyer is responsible for complying with the provisions of all statutes and all rules or regulations in force in relation to the Products or their use, including complying with any land covenants applicable to the land or premises together with the obtaining of all necessary permits and/or consents required from any local or regional authority in relation to the Products and their use.
(c) These Terms and the Quote or Work Authorisation (as applicable) constitute the entire understanding and agreement between the parties in respect of the Products and supersede all prior understandings, agreements, representations and correspondence between the parties.