TERMS AND CONDITIONS OF QUOTATION AND SALE
In these terms and conditions:
a) ‘Firm” means Fresh Living Group Pty Lld
b) ‘Customer” means the customer named on the face of this quotation
c) ‘Work means services, goods, material, parts and labour
2. Basis of Quotation
This quotation is made on the basis of site conditions and dimensions at the date hereof. In the event of any variation (other than as directed or approved by the Firm) the Firm reserves the right to amend or withdraw this quotation.
Furthermore, it is assumed that existing plumbing and/or gas fitting work complies with all relevant regulations. Any work ordered by an inspector to bring the existing installation up to standard would be carried out at the cost of the Customer. The Firm will endeavor to provide an estimate of these costs for the Customer’s approval prior to any additional work.
The price is fixed for a period of thirty (30) days from the date of issue of this quotation. After this date the Firm reserves the right to vary the quoted price should there be any adjustment necessary due to changes to prices to goods, materials, parts, taxes, labour rates. Government actions and any other cause beyond the Firm’s control.
4. Offer and Acceptance
This quotation and the terms and conditions set out herein constitutes an offer by the Firm which may be accepted by the Customer by completing and returning this quotation within thirty (30) days of the date of this quotation. The Firm may but shall not be obliged to proceed in respect of any order not so accepted.
5. Firm Sale of Goods
Any goods supplied are on a firm sale basis only, which means that the Firm shall neither supply the goods on “an approval” basis nor shall it accept returns of the sale for reasons other than a breach of the warranty
6. Variation of Contract
No verbal arrangement will be recognized by the Firm and no variation or modification of the Contract shall be in any way effective unless made in writing and accepted by a partner of the Firm.
7. Incidental Work
Any incidental work or items not specifically included are deemed excluded from the Works in the Contract.
8. Identification of Services
It is the customer’s responsibility to identify the location of all services whether buried or surface, including electrical, communications, water, sewerage and gas. The Firm takes no responsibility for damage to services not properly identified.
9. Access to Property/Premises
The Customer shall allow access during normal working hours to the property or premisesfor the purpose of carrying out the works detailed in the Contract.
a) By deposit of 50% of the total quotation amount or other percentage figure determined by the Firm upon commencement or when goods and materials are delivered, and:
b) By payment of the balance upon completion of the work.
c) In the event that full payment has not been received upon completion of the Work, the Customer acknowledges and agrees to pay the Firm interest on the amount that remains outstanding calculated at the rate of 18 percent per annum calculated daily.
d) The Firm will provide a detailed itemized account as soon as practicable upon payment of a fee of $275.00
11. Delivery and Installation
Any dates specified for the delivery or installation of any goods are estimated dates only and the Firm shall not be liable for any damage or loss which the Customer may suffer as a result of delivery or installation being delayed beyond such dates for any reason whatsoever.
12. Permits and Approvals
The seeking of all permits or approvals for any Works is the responsibility of the Customer.
13. Discovery of Defects
Should the Firm in the course of any Work authorized herewith discover any defect in any part of the premises or the existing installation therein or in connection thereto which makes it impracticable or inexpedient for it to continue its Work under the Contract without repairing or replacing any part of the said premises or installation or connection, the Firm being the sole judge thereof, shall be entitled to suspend Work and if the Customer shall fail to sign a variation for the Firm to carry out same the Contract shall be deemed at an end and the Firm shall be entitled to payment for all Work done to date of suspension of the Work.
14. Reinstatement of property
There is no obligation upon the Firm to reinstate the property to the condition existing prior to the commencement of the works unless specified in the quotation overleaf and included in the quotation price.
The Firm while taking all due care during installation shall not be responsible for any damage, including electrical, wiring, communications, plumbing, masonry, rendered surfaces or otherwise, caused by or sustained during delivery, installation and post installation of goods.
The Customer acknowledges that the replacement, renewal or rectification of plumbing works may place pressure upon pre-existing plumbing resulting in possible breakdowns or difficulties are not the responsibility of the Firm.
The Firm warrants that the Works shall be free from fault or failure under normal conditions and use provided the Works are not altered or added to in any way after installation for
a period of six months from date of installation. Defects caused by structural movement or structural failure, abuse, negligence or tampering, imperfect maintenance or the use
of the good for a purpose for which it was not designed is not a fault or failure covered by this Warranty.
a) The Firm warrants that the plumbing works carried out under this contract shall for a period of six years (where the works do not exceed $500.00 – six months) be free from
defects caused by any failure on the part of the Firm to have carried out the work in a good and tradesman like fashion and/or the use supply or installation of defective material.
b) This Guarantee is conditional upon prompt notification of any defect to the Firm. Upon such notification, the obligations of the Firm pursuant to this guarantee will be limited to attendance promptly on site in order to carry out rectification works at the cost of the Firm.
c) The Firm is not responsible for any defects caused by the acts of third parties, structural movement or structural failure, abuse, negligence or tampering, imperfect maintenance or the use of the plumbing works for a purpose for which they were not designed, nor will the Firm be responsible for consequential losses following from alleged defective works.
d) Back to base warranty exists on all pumps, appliances and machinery. Removal and re-installation will incur extra charges.
All visits to the properties found not to be within the Warranty are chargeable as separate service calls and are payable by the Customer.
17. Statutory Requirements
The Firm gives notice that temperature control for hot water reticulation installations to personal hygiene outlets (including baths, showers and hand basins) is mandatory in new buildings, and extensions to an existing building and where replacement of water heaters is necessary. The Firm will comply with temperature control regulations pursuant to AS/ NZ 3500.4.2: 1997 or relevant regulation/s or standard/s and will not be liable whatsoever as a consequence of any adjustment or tampering after installation by the Customer or any third party.
If any term or condition, or part thereof, of these terms and conditions of sale is held by a Court of competent jurisdiction to be illegal unenforceable or contrary to public policy then these terms and conditions of Contract shall be read as if such term or provision thereof was not included therein leaving the remainder of this Contract valid and enforceable.