Terms & Conditions
SHOWER REGROUTING TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 "Consumer" shall mean the Consumer (or any person acting on behalf of and with the authority of the Consumer) as described on any invoice, quotation, work authorisation or other form as provided by the Supplier to the Consumer.
1.2 "Price" shall mean the price payable for the Services as agreed between the Supplier and the Consumer in accordance with clause 3 of this contract.
1.3 "Services" shall mean Services supplied by the Supplier to the Consumer and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Supplier to the Consumer.
1.4 "Supplier" shall mean Shower Regrouting and its successors and assigns.
1.5 "Workmanship" means the application of product (excluding any silicone products) into the shower floor and wall junctions,
2 Agreement to terms and conditions
2.1 Acceptance of these terms and conditions can be constituted by receipt by the Supplier of any instructions from the Consumer for the supply of Services and/or the Consumer’s acceptance of Services supplied by the Supplier.
2.2 The terms and conditions are binding upon their acceptance by the Consumer and can only be amended with the written consent of the Supplier.
2.3 If more than one Consumer has entered into this agreement, the Consumers shall be jointly and severally liable for all payments of the Price.
2.4 The Consumer shall give the Supplier not less than fourteen (14) days prior written notice of any proposed change of ownership of the Consumer or any change in the Consumer’s name and/or any other change in the Consumer’s details (including but not limited to, changes in the Consumer’s address, facsimile number, or business practice). The Consumer shall be liable for any loss incurred by the Supplier as a result of the Consumer’s failure to comply with this clause.
2.5 None of the Supplier’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the manager of the Supplier in writing, nor do any such unauthorised statements bind the Supplier.
3.1 The Price shall be either (at the sole discretion of the Supplier):
(a) As indicated on invoices provided by the Supplier to the Consumer in respect of Services supplied; or
(b) The Supplier’s quoted Price (subject to clause 3.2) which shall be binding upon the Supplier provided that the Consumer shall accept the Supplier’s quotation in writing within 7days.
3.2 In the event of a variation to the Supplier’s quotation, the Supplier reserves the right to change the Price.
3.3 Time for payment for the Services shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due upon provision of the Services.
3.4 Payment for approved Consumers (determined at the sole discretion of the Supplier) shall be due 14 days following the provision of the services.
3.5 Payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Consumer and the Supplier.
3.6 Except if expressed otherwise, GST and other taxes and duties that may be applicable shall be added to the Price.
3.7 Receipt by the Supplier of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised
4 Disclaimers by Consumers
4.1 The Consumer acknowledges that the request for the provision of Services is made relying solely upon the Consumer’s skill and judgement, and accordingly the Consumer hereby disclaims any right to rescind, or cancel any contract with the Supplier or to sue for damages or to claim restitution arising out of any misrepresentation made to the Consumer by the Supplier. The Consumer further acknowledges that the Supplier has advised the Consumer that the area of Workmanship cannot be used for 48 hours after the provision of Services
5 Excluding legislation
5.1 To the extent permitted, these terms and conditions replace any applicable provisions of the fair-trading any trade practices legislation in each of the States and Territories of Australia,
6 Warranty and exclusions
6.1 Subject to the conditions of warranty set out in clause 6.2 the Supplier warrants that if any defect in the Workmanship of the Supplier becomes apparent and is reported to the Supplier within 12 months of the date of provision of the Services (time being of the essence) then the Supplier will either (at the Supplier’s sole discretion) replace or remedy the Workmanship.
6.2 The conditions applicable to the warranty given by clause 10.1 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 Consumer to properly maintain any areas of Workmanship; or
(II) Failure on the part of the Consumer to follow any instructions or guidelines provided by the Supplier (including the direction to not use the area for 48 hours and to not use any chemical cleaning for 7 days after the provision of Services); or
(III) The continued use of any areas of Workmanship after any defect becomes apparent or would have become apparent to a reasonably prudent occupant, user or professional persons; or
(IV) Fair wear and tear, any accident or act of God;
(V) Any latent or pre-existing condition including any plumbing issues of the area of Workmanship which is of detriment to the effect of the Workmanship; or
(VI) Structural movement or damage to the area of Workmanship
(VII) Any Flooring, sheeting, substrate, materials or tiles bonding arises which in anyway detrimentally affect the treated area
(VIII) Works are completed by person or persons other than the Supplier or Suppliers agent, which detrimentally affect the treated area, after the applications of the product; and
(VIV) The source of the leak is incorrectly diagnosed by person or persons other than the Supplier or the Suppliers agent before and after the application of the product; and
(VV) Any pre-existing or subsequent tiling problem, relating either to the adherence of the tiles or the inherent quality of the tiles, arises which detrimentally affects the treated area; and
(VVI) A moulded shower or bath moves away from the walls; and
(VVII) A moulded shower or bath is affected by any twisting or deflection however caused.
(b) The warranty does not cover tiling, grout, and bleed back or leaching, growth of mould, mildew and bacteria, poor periodically cleaning or maintaining grout integrity or the use of silicone or polyurethane sealants.
(c) The warranty does not cover any chipping, gouging, cracking or breakage of tiles, shower screen or any fixture, fittings and tap ware resulting from the service.
(d) The warranty does not cover the appearance of the shower including product and grout colour matching; and
(e) Staining, discoloration or degrading of the area of the Workmanship over time directly or indirectly as a result of cleaning products or personal care products, or secondary mould growth, as a result of the provision of the Services; and
(f) Variations in thickness or product application due to initial placement of tiles, lie, warping or lipping of the face surface; or
(g) Any area that has been affected in any way by termites, wet or dry rot, water damage, seepage or the general deterioration of age, the Supplier will not be liable for any repair work and any repair work required will be paid at the owner’s expense.
(h) The warranty shall cease and the Supplier shall thereafter in no circumstances be liable under the terms of the warranty if the area of Workmanship (or any adjacent area) is repaired, altered, renovated or overhauled without the Supplier’s consent.
(i) In respect of all claims the Supplier shall not be liable to compensate the Consumer for any delay in either replacing or remedying the Workmanship or in properly assessing the Consumer’s claim.
(j) The Consumer acknowledges that the Supplier accepts no responsibility for any damage that may be caused by a leaking shower, before or after the provision of the Services.
7 Consequences of Default
7.1 The Consumer indemnifies the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing a debt including legal costs on a solicitor and own client basis and the Supplier’s collection agency costs if the Consumer defaults in payment of any invoice when due.
7.2 Without prejudice to any other remedies the Supplier may have, if at any time the Consumer is in breach of any obligation (including those relating to payment), the Supplier may suspend or terminate the provision of Services to the Consumer and any of its other obligations under the terms and conditions. The Supplier will not be liable to the Consumer for any loss or damage the Consumer suffers because the Supplier has exercised its rights under this clause.
7.3 The Supplier shall be entitled to cancel all or any part of any order of the Consumer which remains unfulfilled and all amounts owing to the Supplier shall, whether or not due for payment, become immediately payable in the event that:
(a) Any money payable to the Supplier becomes overdue, or in the Supplier’s opinion the Consumer will be unable to meet its payments as they fall due; or
(b) The Consumer 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 Consumer or any asset of the Consumer.
Any action taken in accordance with this clause is without prejudice to the Supplier’s other remedies at law
8 Right to charge assets
8.1 Despite anything to the contrary contained herein or any other rights which the Supplier may have howsoever:
(a) Where the Consumer is the owner of land, realty or any other asset capable of being charged, the Consumer agrees to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Supplier or the Supplier’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Consumer acknowledges and agrees that the Supplier (or the Supplier’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) The Consumer indemnifies the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses,
(c) The Consumer agrees to irrevocably nominate constitute and appoint the Supplier or the Supplier’s nominee as the Consumer’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 8.1.
9 Cancellation of contract
9.1 By giving written notice to the Consumer, the Supplier may cancel any contract to which these terms and conditions apply at any time before the Services are provided. On giving such notice the Supplier shall repay to the Consumer any sums paid in respect of the Price. The Supplier shall not be liable for any loss or damage whatever arising from such cancellation.
9.2 In the event that the Consumer cancels the provision of the Services the Consumer shall be liable for any loss incurred by the Supplier (including, but not limited to, any loss of profits) up to the time of cancellation.
10 Privacy Acts 1988
10.1 The Consumer agrees for the Supplier to obtain from a credit-reporting agency a credit report containing personal credit information about the Consumer in relation to credit provided by the Supplier.
10.2 The Consumer agrees that the Supplier may exchange information about the Consumer with those credit providers either named as trade referees by the Consumer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) To assess an application by the Consumer; and/or
(b) To notify other credit providers of a default by the Consumer; and/or
(c) To exchange information with other credit providers as to the status of this credit account, where the Consumer is in default with other credit providers; and/or
(d) To assess the credit worthiness of the Consumer.
10.3 The Consumer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
10.4 The Consumer agrees that personal credit information provided may be used and retained by the Supplier for the following purposes and for other purposes as shall be agreed between the Consumer and Supplier or required by law from time to time:
(a) Provision of Services; and/or
(b) Marketing of Services by the Supplier, its agents or distributors in relation to the Services; and/or
(c) Analysing, verifying and/or checking the Consumer’s credit, payment and/or status in relation to provision of Services; and/or
(d) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Consumer; and/or
(e) Enabling the daily operation of Consumer’s account and/or the collection of amounts outstanding in the Consumer’s account in relation to the Services.
10.5 The Supplier may give information about the Consumer to a credit-reporting agency for the following purposes:
(a) To obtain a consumer credit report about the Consumer; and/or
(b) Allow the credit-reporting agency to create or maintain a credit information file containing information about the Consumer.
11 Building and Construction Industry Payments Act 2004
11.1 At the Supplier’s sole discretion, if there are any disputes or claims for unpaid Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.
11.2 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Payments Act 2004, except to the extent permitted by the Act where applicable.
12 General provisions
12.1 The Supplier reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Supplier notifies the Consumer of such change.
12.2 .The Supplier shall be under no liability whatsoever to the Consumer for any indirect loss and/or expense (including loss of profit) suffered by the Consumer arising out of a breach by the Supplier of these terms and conditions.
12.3 In the event of any breach of this contract by the Supplier the remedies of the Consumer shall be limited to damages, which under no circumstances shall exceed the Price.
12.4 The Consumer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Consumer by the Supplier.
12.5 The Supplier may license or sub-contract all or any part of its rights and obligations without the Consumer’s consent.
12.6 Neither party shall be liable for any default due to any act of God, war, terrorism, strike lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
12.7 The failure by the Supplier to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Supplier’s right to subsequently enforce that provision.
12.8 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.9 These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia and are subject to the jurisdiction of the courts of Western Australia.