Terms & Conditions
Terms and conditions of sales.
TERMS AND CONDITIONS OF SALE
Grammar Plumbing Limited T/A Water Works ("the Supplier") supplies all goods and services to every customer ("the Customer") subject to the following Terms and Conditions of Sale which shall prevail despite any indication to the contrary by any person acting or purporting to act on the Supplier's behalf.
Receipt of any order will be deemed to be accepted by the Customer of these Terms and Conditions notwithstanding anything that may be stated to the contrary on the Customer's order. Orders will only be accepted in writing via post, fax, email or other form of electronic communication.
An order is accepted by the Supplier when communicated to the Customer or any agent, officer, servant or employee of the Customer either orally or in writing. If acceptance has not been communicated as aforesaid, acceptance shall be deemed to have been made upon the Supplier dispatching the goods and/or supplying the services or advising the Customer that the goods are available for collection.
Prices are subject to change without notice. All orders will be filled at prices prevailing at the date of delivery of the goods or supply of the services and the Customer is to pay the prices charged. If a quotation has been provided and accepted within the time available for acceptance then the price charged will be as specified in that quotation. Any additional services and/or goods supplied at the request of the Customer which are outside the terms of the quotation will be charged at the prices prevailing at the time of supply.
If GST or other taxes are payable on goods and services or on any amount under clause 6 the Customer shall pay such tax.
All services are subject to a Health & Safety fee which covers the costs associated with implementing and maintaining safety measures and regulations that are designed to protect the health and well-being of employees, customers, and the general public.
3. TERMS OF PAYMENT
Payment is due in cash upon delivery of goods and/ or services unless payment terms have been pre-arranged and approved by both parties.
The Supplier may issue progress billing at the end of each month for partial delivery of products and/or services for work completed at the end of each month for the period of contracted works and payment in cash is required.
Payment of all monies will be made without setoff or deduction of any kind.
The Supplier will provide the Customer with invoices by post, fax or email.
4. TRADE TERMS
Trade terms are available to approved Customers upon application and the approval of an account by the Supplier.
Where goods are sold on trade terms, payment is due no later than the 20th day of the month following the date of the invoice with the exception of any amount for which a claim has been notified in accordance with clause 11.
The date of delivery shall be the date upon which the goods and/or services are provided to the Customer’s premises or such other point of supply as is specified by the Customer.
The Supplier shall be entitled without notice to withhold deliveries of goods or services ordered by the Customer where the sums which are then due and owing to the Supplier by the Customer have not been paid in full. If the Supplier elects not to deliver the goods or services until all sums due are paid in full, the delivery date for all outstanding orders shall be the later of the delivery date specified in any outstanding orders and the date being 7 days from the date of payment by the Customer of all sums due to the Supplier.
The Supplier shall be entitled to cancel or suspend delivery of the goods or services in the event of any delay or nonperformance due directly or indirectly to wars, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause (whether similar or dissimilar) beyond the reasonable control of the Supplier. The Customer shall have no claims whatsoever against the Supplier in consequence of any such cancellation or suspension.
All goods delivered by the Supplier are subject to inspection by the Customer. The Customer may reject goods supplied by notice in writing to the Supplier if they are and are merchantable or not in accordance with any samples provided by the Supplier or specifications referred to in the Customers order. Inspection and any rejection must occur within 24 hours of delivery and before being installed by the Supplier. Any failure by the Customer to either inspect or reject the goods will amount to a waiver by the Customer of any right to reject the goods.
In the event the Customer decides to cancel the quote that has been accepted or the job booked, the Supplier will charge the restocking fee for the materials that have been purchased but not able to return to the supplier and / or charges relating to technician travel and hours spent on preparation for the actual work.
Any failure on the part of the Customer to make payment on due date shall constitute a breach of these Terms and Conditions and the Customer shall make payment of all sums owing to the Supplier immediately whether then due or not. The Customer shall be liable to compensate the Supplier by immediately making payment as liquidated damages (in addition to the amounts due) of interest on the amount due from the due date until the date of payment at a rate equal to 18% per annum.
The Customer shall pay all costs incurred by the Supplier, including costs on a solicitor/client basis and debt collectors' costs, incurred in the recovery or attempted recovery of outstanding monies and the enforcement of these Terms and Conditions.
7. OWNERSHIP AND RISK
Risk in the goods and services supplied by the Supplier to the Customer shall pass when the goods or services are delivered to the Customer or his agent subject to clause 7.2 herein.
The property in the goods and services shall not pass to the Customer until payment is made in full for them and for all other goods and services supplied by the Supplier to the Customer and all other debts and liabilities owed by the Customer to the Supplier at the date of delivery of the goods and services have been received by the Supplier. The Supplier may appropriate all payments received from the Customer as the Supplier determines.
If payment is overdue in whole or in part with respect to any of the goods and services the Supplier may (without prejudice to any of its other rights) recover and retake possession of the goods or the proceeds of sale or any of them and may enter upon the Customer's premises or any other place where the goods are stored by its servants or agents for that purpose without being liable for any damage thereby caused. The Customer grants to the Supplier an irrevocable right and authority to recover, re enter and retake possession.
The security interest in the goods and services created pursuant to clause 7.2 extends to the proceeds of any dealing with the goods in accordance with the Personal Property Securities Act (“the PPSA”).
Pursuant to section 109 of the PPSA the Supplier may take possession of and sell the goods if the Customer is in default in payment or the goods are “at risk”. In accordance with section 109 of the PPSA goods are “at risk” if the Supplier has reasonable grounds to believe that the goods have been or will be destroyed, damaged, endangered, disassembled, removed, concealed or otherwise disposed of contrary to the provisions of these Standard Terms and Conditions.
The Supplier reserves the right to dispose of the goods in whatever manner it deems fit, failing payment in full for all the goods supplied to the Customer being received in accordance with these terms. The Supplier shall not be liable for any damage, injury or loss sustained in respect of any recovery or forced sale of the goods including any sale at below market price.
The Customer acknowledges that the Supplier may register (and as appropriate register a renewal of) the security interest created by these Standard Terms and Conditions in the Personal Property Securities Register established under the PPSA.
The Customer waives any rights it may have now or in the future to receive a copy of any verification statement or other confirmation related to the registration of the security interest.
The Customer will keep the goods insured against fire, accident, theft and other risks in the names of the Supplier and the Customer for their respective rights and interests.
Until payment is made in full by the Customer for the goods and services the Customer holds the goods on trust for and identifiable as the property of the Supplier and will keep separate records in respect of the goods. If any of the goods are sold or otherwise disposed of by the Customer before property and title passes in accordance with these terms then the Customer shall hold the proceeds of such sale or disposition separately upon trust for the Supplier and shall account to the Supplier for such proceeds.
8. WARRANTIES AND CONDITIONS
Where this agreement would otherwise be subject to the provisions of the Consumer Guarantees Act 1993, the Customer (if and only if the Customer is in trade) agrees that the goods and services are supplied to the Customer for business purposes in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to the supply to the Customer.
The Customer is responsible for completing all warranty registration details or ensuring that any purchaser from the Customer completes such details. 8.3 The Supplier must comply with all applicable workplace and occupational health and safety laws at all times while on the Customer’s premises.
Goods returned for defect or fault not apparent upon an inspection pursuant to clause 5.4 must be returned free into the Supplier's store with all transportation charges, insurance, taxes, duties and additional charges being met by the Customer. No claim by the Customer shall be effective unless made in writing and received by the Supplier within 14 days after the date of delivery of the goods to the Customer.
If claims are not received in accordance with the requirements specified in subclause 10.1 the Customer shall be conclusively deemed to have accepted the goods and the Supplier shall not incur any subsequent liability whatsoever in relation to the goods.
Any claims made for promotional discounts, settlement discounts, cooperative advertising allowances, coupon & scanback discounts, ranging & listing fees, terms of trade discounts and any other rebates or discounts from the invoiced purchase price must be made by the Customer within 1 month of the date of the relevant invoice. In the event of the Customer failing to make any such claim on the Supplier within such a time period any right held by the Customer for payment of the claim is lost.
10. LIMITATION OF LIABILITY
The Supplier's liability whether in contract or in tort for any loss arising directly or indirectly from any defect in or noncompliance with a guarantee in respect of the goods or services supplied is limited to repair or replacement of such defective or non complying goods or to the purchase price of the goods and/or services in respect of which such liability arises. The Supplier shall have no further liability or responsibility for any direct, indirect or consequential injury, loss or damage whatsoever and howsoever arising.
The Supplier shall not be responsible for any damage whatsoever caused, whether to the goods supplied or as a result of the supply of such goods, where the goods have been used or concerned in a way in which they are not specifically intended or the goods are improperly stored.
11. CHANGE OF OWNERSHIP OR CONTROL OF CUSTOMER
The Customer agrees that it will notify the Supplier of any changes in the partnership or change in its ownership or effective management or control or of any material change in the nature of the Customer's business no later than 14 days prior any such proposed change coming into effect.
12. SECURITY AGREEMENT AND PERSONAL PROPERTY SECURITY ACT 1999
In consideration of the Supplier providing or agreeing to provide goods and services on trade terms as described in clause 4, the Customer by agreeing to these Terms and Conditions grants the Supplier a Security Interest in all Collateral of the Customer that is Personal Property.
The Customer agrees that any Collateral or any proceeds of Collateral that come into existence after the date of these Terms and Conditions will come into existence subject to the Security Interest granted herein without the need for any further action by any party.
The Customer acknowledges that the Customer has received valuation consideration from the Supplier, agrees that it is sufficient and that attachment is immediate and is not postponed.
These Terms and Conditions secure all goods and services provided by the Supplier to the Customer now and in the future and includes all obligations of the Customer to the Supplier, together with enforcement costs of the Supplier should enforcement of any of the obligations of the provisions of these Terms and Conditions become necessary.
The Security Interest as to Personal Property is a Security Interest for the purposes of the PPSR and is a fixed charge in respect of all property unless that charge is not legally and fully effective as a fixed charge, in which event that charge shall be a floating charge. Any floating charge shall become a fixed charge automatically and immediately in respect of the relevant property subject to the floating charge, without the need for any notice or act by any person, if default occurs under these Terms and Conditions.
Bolded and capitalised words have the meaning detailed in the Personal Property Securities Act 1999 (“PPSR”).
Terms used herein are defined as follows:
"Supplier" means Grammar Plumbing Limited, a duly incorporated company and its successors or assigns.
"Supplier's premises" means the place of business of the Supplier or any other location from which the goods or services are dispatched to the Customer.
"Customer" means any person, partnership, firm, company or other entity buying goods from the Supplier and their executors, administrators, successors or assigns.
"Goods" means any product, equipment, part or tangible item whether complete or incomplete which the Supplier is in the business of supplying together with all charges for work done, hire charges, fees, service charges, repairs, materials and insurance charges associated with supply, manufacture, installation, construction and repair of the goods supplied to the Customer and all the terms and conditions of this agreement shall relate to any charges imposed by the Supplier on the Customer.
"Order" means a written request for goods to the Supplier from the Customer or any agent, officer, servant or employee of the Customer communicated by post, fax, email or other electronic communication.
"Price" means the price payable to the Supplier for the goods and/or services excluding carriage, packing, insurance and Goods and Services Tax.
“Services” means the supply of plumbing services or any other form of work relating to or incidental to the installation and supply of the goods.
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