Terms Of Trade
- Terms and Conditions
1.1 By having work undertaken the customer is deemed to have accepted these Terms of Trade and accepted liability for the account.
1.2 These Terms of Trade may be varied by TaylorMade Plumbing & Solar, at any time without notice to the customer. New Terms of Trade will be enforceable by TaylorMade Plumbing & Solar from the date they were provided to the customer.
1.3 The application and these Terms of Trade are the entire agreement between TaylorMade Plumbing & Solar, the customer and the Guarantor, and supersede all representations, agreements or other communications made by TaylorMade Plumbing & Solar.
1.4 It shall be the Customer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Customer, and accordingly any order made by the Customer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
1.5 If any part of these Terms of Trade is illegal, unenforceable or invalid, that part is to be treated as modified or removed to the extent required to make it effective. The rest of these Terms of Trade are not affected.
If any instruction is received by TaylorMade Plumbing & Solar from the Customer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Customer, the terms and conditions are definitive and binding.
3.1 All goods and services will be charged at rates applicable at the date of billing. The customer must pay the prices charged.
3.2 Unless otherwise stated all prices are exclusive of GST and other taxes which must be paid by the customer.
3.3 TaylorMade Plumbing & Solar reserves the right to amend any discount structure applying to your account at any time, without notice to you.
3.4 TaylorMade Plumbing & Solar may require a deposit of some or all of the value of thework and services to be supplied.
3.5 The customer must pay freight costs and insurance charges and for time spent by TaylorMade Plumbing & Solar in travel to and from the job, as well as time spent in the acquisition of materials required.
3.6 A minimum charge of one hour for labour will apply to all work. Where service is required outside core business hours of 8.00am to 5.00pm Monday to Friday, an additional fee may be charged
4.1 TaylorMade Plumbing & Solar will invoice the customer for all sales and services.
4.2 Unless otherwse specified, payment for all goods and services shall be made:
- For domestic customers no later than the 7th day following the invoice date; or
- For commercial customers no later than the 20th day of the month following the invoice date.
4.3 If payment is not made by the customer on the due date, TaylorMade Plumbing & Solar may suspend or terminate supply
4.4 Payment of all amounts is to be made in full without any set-off, reduction or counterclaim.
4.5 TaylorMade Plumbing & Solar reserves the right to change the price in the event of a variation to TaylorMade Plumbing & Solar’s quotation. Any variation from the plan of scheduled works (including, but not limited to, unforeseen circumstances, or as a result of increases to TaylorMade Plumbing & Solar in the cost of materials and labour) will be charged for on the basis of TaylorMade Plumbing & Solar’s quotation and will be shown as variations on the invoice. Variations made to the quoted plan by a party other than TaylorMade Plumbing & Solar (including, but not limited to, incorrect plans supplied to TaylorMade Plumbing & Solar, changes to the plan made buy the Customer, Builder or any other party) will be considered and the Quotation will be accordingly adjusted by TaylorMade Plumbing & Solar. Payments for all variations must be made in full at their time of completion.
4.6 TaylorMade Plumbing & Solar may submit a detailed progress payment claim after each stage of work completed. The value of work performed shall include the reasonable value of authorised variations and the value of materials delivered to the site but not yet installed.
4.7 Goods which are required to be pre-purchased by TaylorMade Plumbing & Solar on behalf of the Customer will require full payment upon the order of the Goods. This payment is non-refundable in the case of cancellation of order by the Customer.
Any goods and materials supplied by TaylorMade Plumbing & Solar shall remain their property until paid for in full and while any money is due to us. If any money remains unpaid or the Customer is in breach of any obligation to us, we or our agents may take possession of any goods and may enter any premises, whether or not the occupier is present in order to take possession of those goods and materials. Ownership and title of the goods remains with TaylorMade Plumbing & Solar until the purchased price and all other monies owing by the Customer, under the contract or any other contract to TalyorMade Plumbing, have been paid in full.
- Underground Locations
6.1 Prior to TaylorMade Plumbing & Solar commencing any work the Customer must advise TaylorMade Plumbing & Solar of the precise location of all underground services on the site and clearly mark the same. The underground services and mains the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, all pumping mains, and any other services that may be on site.
6.2 Whilst TaylorMade Plumbing & Solar will take all care to avoid damage to any underground services the Customer agrees to indemnify TaylorMade Plumbing & Solar in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 6.1.
7.1 Subject to the conditions of warranty set out in clause 7.2 TaylorMade Plumbing & Solar warrants that if any defect in any workmanship of TaylorMade Plumbing & Solar becomes apparent and is reported to TaylorMade Plumbing & Solar within one (1) year of the date of delivery (time being of the essence) then TaylorMade Plumbing & Solar will either (at TaylorMade Plumbing & Solar’s sole discretion) replace or remedy the workmanship.
7.2 The conditions applicable to the warranty given by clause 7.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Customer to properly maintain any goods; or
(ii) failure on the part of the customer to follow any instructions or guidelines provided by TaylorMade Plumbing & Solar; or
(iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of nature
(b) the warranty shall cease and TaylorMade Plumbing & Solar shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without TaylorMade Plumbing & Solar’s consent.
(c) in respect of all claims TaylorMade Plumbing & Solar shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim
7.3 The warranty of materials shall be the current warranty provided by the manufacturer of the Goods. TaylorMade Plumbing & Solar shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the goods.
TaylorMade Plumbing & Solar shall not be liable for any loss of any kind whatsoever suffered by the Customer as a result of any breach of TaylorMade Plumbing & Solar’s obligations under the contract, including any cancellation of the contract or any negligence on the part of TaylorMade Plumbing & Solar, its servants, agents or contractors, nor shall TaylorMade Plumbing & Solar be liable for any loss, damage or injury caused to the Customer’s servants, agents, contractors, customers, visitors, tenants, trespassers or other persons. The Customer shall indemnify TaylorMade Plumbing & Solar against any claim by any such person.
- Default & Consequences of Default
9.1 Late payment shall incur interest at a rate of 2.5% per month calculated on a daily basis. This shall be payable on any monies outstanding under the contract from the date payment is overdue until the date payment is received by TaylorMade Plumbing & Solar, but without prejudice to TaylorMade Plumbing & Solar’s other rights or remedies in respect of the Customer’s default in failing to make payment on the due date.
9.2 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by TaylorMade Plumbing & Solar
9.3 Without prejudice to any other remedies TaylorMade Plumbing & Solar may have, if at any time the Customer is in breach of any obligation (including those relating to payment), TaylorMade Plumbing & Solar may suspend or terminate the supply of goods to the Customer and any of its other obligations under the terms and conditions. TaylorMade Plumbing & Solar will not be liable to the Customer for any loss or damage the Customer suffers because TaylorMade Plumbing & Solar exercised its rights under this clause.
9.4 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify TaylorMade Plumbing & Solar from and against all costs and disbursements incurred by TaylorMade Plumbing & Solar in pursuing the debt including legal costs of a solicitor and own client basis and TaylorMade Plumbing & Solar’s collection agency costs.
9.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20) or ten per cent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200)) shall be levied for administration fees which sum shall become immediately due and payable.
9.6 In the event that:
- any money payable to TaylorMade Plumbing & Solar becomes overdue, or in its opinion the Customer will be unable to meet its payments as they fall due; or
- the Customer 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
- a receiver, manager, liquidator (provincial or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer;
then without prejudice to TaylorMade Plumbing & Solar’s other remedies at law TaylorMade Plumbing & Solar shall be entitled to cancel all or any part of any order of the Customer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to TaylorMade Plumbing & Solar shall, whether or not due for payment, immediately become payable.
- Privacy Act 1993
10.1 The customer authorises TaylorMade Plumbing & Solar to:
a) Make enquires with relevant third parties and/or credit agencies regarding the customer’s credit history
(b) Release information for the above purpose to the extent necessary, to relevant third parties and/or credit agencies
(c) Instruct an agent to carry out any credit enquires, and the customer agrees the above authorisations will apply to such agent.
10.2 The customer authorises any credit agencies and/or relevant third party to disclose any relevant information to TaylorMade Plumbing & Solar in response to credit enquires. The customer acknowledges that any information disclosed to a credit agency will be held on their systems and used to provide their credit reporting service.
11.1 The Customer shall inspect the Goods on delivery and shall within seven (7) days notify TaylorMade Plumbing & Solar of any alleged defect, shortage in quantity, damage or failure to comply with any quotation or description agreed in writing by TaylorMade Plumbing & Solar.
11.2 The Customer shall afford TaylorMade Plumbing & Solar an opportunity to inspect the Goods within a reasonable time of the Customer notifying TaylorMade Plumbing & Solar of any alleged defect, shortage in quantity, damage or failure to comply with any quotation or description agreed in writing by TaylorMade Plumbing & Solar.
11.3 If the Customer shall fail to comply with clauses 11.1 and 11.2, the Goods shall be deemed to be free from any defect, damage or failure to comply with any description or quotation.
11.4 For Goods which TaylorMade Plumbing & Solar has agreed in writing that the Customer is entitled to reject, TaylorMade Plumbing & Solar’s liability is limited to either (at TaylorMade Plumbing & Solar’s option) replacing or repairing the Goods.
11.5 Returns of Goods will only be accepted by TaylorMade Plumbing & Solar if:
(a) The Customer has complied with the provisions of clause 8.1 or TaylorMade Plumbing & Solar has agreed in writing to accept the return of the Goods; and
(b) The Goods are returned at the Customer’s cost within fourteen (14) days of delivery (or deemed delivery); and
(c) The Goods are returned in the condition in which they were delivered.