Terms & Conditions
LOCAL SERVICES : Terms of trade and conditions
In these conditions unless the context otherwise requires:
- Company means TOTALLY SHOWERS
- Buyer means the person, or company buying the goods from the Company.
- Products and/or services mean the products and/or services being purchased by the Buyer from the Company.
- Contract means the contract between the Company and the Buyer for the purchase of the goods in the form of an Estimate
- Date of the contract means where the contract arises from an estimate given by the Company, i) the date of acceptance of the order by the Company; or ii) where the contract arises from a estimate given by the Company, the date upon verbal or written notification of acceptance of the estimate is received by the Company from the buyer and shall be binding on the buyer.
- The company has the right to return the buyers deposit prior to the commencement of any works and end the contract without liability or redress from the buyer.
- Contract price means the price of goods as agreed between the Buyer and the Company.
- Person includes a corporation, association, firm, company, partnership or individual. Quotation shall mean price on offer for a fixed term. Manager is the companies appointed decision maker.
- PPSA means the Personal Property Securities Act 1999.
The Buyer may request an Estimate from the Company setting out the Estimated work and price of the Goods to be supplied. If the Estimate is acceptable to the Buyer, the Buyer may place an order at the estimated price within 28 days of the Estimate date. The company has the right to cancel, amend or refuse the buyers acceptance of the estimate. The accuracy of the Company's Estimate is not guaranteed or a quotation but a reasonable estimation of the works. The buyer has the right to expect the Company to provide proof of variations in the Estimate resulting in additional charges to the Buyer.
If instruction is received by the Company from the Buyer by any communication method including a third party agent representing the Buyer for the supply of goods, products and or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance these terms and conditions are definitive and binding on the Buyer. If the Buyers decides after this date not to complete the estimated works with the Company for any reason whatsoever then the Buyer is liable for the full cost of the estimated works.
4. Terms and Conditions
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
- 5.1 The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied; or
- 5.2 The Price shall be the Price of the Company’s current Price at the date of delivery of any goods excluding errors or omissions.
- 5.3 Time for payment for internet sales shall be immediate, the products and/or services provided by estimate shall be 50/50 and will be stated on the estimate, invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due immediately on commencement, completion or delivery of any goods or services.
- 5.4 The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as postage and packing, design, delivery, storage and production costs.
- 5.5 The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
- 5.6 The Buyer is liable for any increases in goods and services from the supplier to the company between the agreed date and completion of any goods or services.
- 5.7 The buyer is liable for all materials and services designed specifically for the buyers contract.
6. Deposits, Payment, Late Payment, Default of Payment and Consequences of Default of Payment
- 6.1 The company trades in the industry method of 50/50 invoicing on all local contracts. 50% deposit prior to the commencement of works and 50% immediately on completion The method of payment acceptable to the company and provided to the buyer is by direct bank transfer, cash or debit or credit cards accepted by the company's card provider.
- 6.2 Any other method specifically agreed between the Buyer and the Company, typically equal value cashless exchanges of goods and or services.
- 6.3 Subject to any provision to the contrary in the Contract, the deposit shall be received by the company at least 14 days prior to the commencement of any works and the completion monies paid on the final day of the works before the company, it's employees or representatives have left the buyers address
- 6.4 Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
- 6.5 Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
- 6.6 In the event that:
- a any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
- b the Buyer 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
- c a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
- d the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
- The Contract constitutes a security interest in the goods supplied by the Company to the Buyer for the purposes of the PPSA as security for payment by the Buyer of all amounts due under the Contract, including any future amounts.
- The Buyer agrees to promptly execute and deliver to the Company all assignments, transfers and other agreements and documents and do anything else which the Company may deem appropriate to perfect the Company’s security interest over the Buyer, or obtain the priority required by the Company or register (and renew registration) a financing statement for a security interest in favour of the Company.
- To the extent that Part 9 of the PPSA applies, the Buyer agrees that the provisions of sections 114(1)(a), 120, 122, 133 and 134 of the PPSA which are for the Buyer’s benefit, or place any obligations on the Company in the Buyer’s favour, will not apply; and where the Company has rights in addition to those in Part 9 of the PPSA, those rights will continue to apply.
- To the extent that Part 9 of the PPSA applies, without limiting anything in the previous paragraph, the Buyer hereby waives its rights under sections 116, 120(2), 121, 125, 126, 127, 129 and 131 of the PPSA, and its rights to receive a copy of a verification statement under section 148 of the PPSA in respect of any financing statement or financing change statement registered by the Company.
- The Buyer agrees to treat the security interest in the goods as a continuing and subsisting security with priority over a registered general security interest and any unsecured creditors, regardless of whether the goods have become fixtures at any time before payment has been made for them.
8. Governing laws
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
The Company will endeavour to resolve any dispute between the Buyer and itself before the need to issue Court proceedings. Any such attempt is without legal prejudice.
10. Reservation of title
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, the Buyers representatives and or agents, under the contract or any other contract to The Company, have been paid in full. The Company retains the right to enter the Buyers premises, representative or agents premises to repossess the goods. The Buyer, the Buyers representatives and or agents are obligated to store the company's goods separate from any goods belonging to third parties, to mark the goods as the company's property, ensure their safe keeping and allow the Company free access to the Buyers, the Buyers representatives and or agents facility or any location the goods are being kept either permanently, or temporarily kept to verify that these obligations are being complied with.
10a. The Company issues all goods with a Charge on the title.
10b. The Company issues all goods with an All monies clause.
10c. The Buyer has an obligation to note the Company's title in any subsequent insurance claim.
The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within seven (7) days from the date the goods were delivered or installed. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place and time as the Company may reasonably specify and the Buyer shall be responsible at its cost and risk for shipment of the defective goods and safe keeping or delivery to the place specified. The risk of damage or loss passes to the Buyer at the point of delivery.
The Company shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of the Company’s obligations under the contract, including any cancellation of the contract or any negligence on the part of the Company, its servants, agents or contractors, nor shall the Company be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify the Company against any claim by any such person.
The company guarantees all work by manual labour for a period of twelve months from the start date. Guarantees for products supplied and or fitted are the sole responsibility of the supplying Manufacturer.
It is a condition by the company's insurer that in the event of a valid claim all invoices due to the Company by the Buyer under the agreed estimate are paid in full before any claim can be considered or commenced by the Company on the Buyers behalf. The Company reserves the right to decide whether or not to initiate a claim with its insurers. The Company can negotiate a settlement direct with the Buyer at the Company's discretion. Any such agreement by the Buyer with the Company is in full and final settlement in perpetuity of any current or future claim or claims.