The Customer acknowledges and agrees that:
1.1 Quotation Validity: Quotations are valid for 30 Days unless otherwise stated. A separate quotation should be sought for any subsequent upgrade to an existing system.
1.2 While all precautions to be accurate are undertaken, in the event of a variation to all the equipmentand services itemized on the relevant quotation the Customer will be charged for what is actually installed
2. Payment Terms: Unless alternative payment terms have been agreed on page 2 of this agreement,a 50% deposit is required on order with the balance due in accordance with the requirements set out in the invoice rendered by the Company to the Customer. Where no requirements are set out in the invoice, the balance is due on the day the goods or goods & services are delivered. Payment may be made by cheque, internet or other bank transfer, Visa or Mastercard. The Customer is not entitled to withhold payment, or to make deductions on account of any equipment or services, for any reason including but not limited to that equipment or services for which it claims to be defective or incomplete. The Company may at its discretion apply any payment received by the Customer towards any indebtedness the Customer may have with the Company. The Company is not bound by any conditions or qualifications that the Customer may make in relation to any payment made to the Company.
3. Risk and Ownership: Risk of any loss, damage or deterioration of or to the equipment passes to the Customer on the sooner of delivery to the Customer’s premises, or delivery into the Customers control. Until all sums owed by the Customer to the Company pursuant to any contract based on these conditions of sale have been paid in full, property (being both legal and equitable title) in the equipment supplied shall be retained by the Company.
4. Default: If the Customer defaults in the due payment of any money payable to the Company, or if the Customer is in default in the performance of its obligations under this Agreement, or commits any act of bankruptcy, enters into any composition or arrangement with its creditors or (in the case of a company) does any act or makes an omission which would render it liable to be wound up or if a provisional liquidator is appointed or if a resolution is passed or a petition or a petition is filed for the winding up of the Customer or if a receiver is appointed, or there is a lien or other attachment levied over all or any of its assets, then the Company, without prejudice to any other rights it has, may suspend or terminate this agreement, and repossess any equipment and payment for any equipment delivered and work performed up to the date of such suspension or termination and any other money payable shall immediately become due and payable. In repossessing any equipment the Company’s employees or agents may enter the premises of the Customer and the Customer shall indemnify the Company for any liability in respect of damage caused in doing so. Interest at 3% per month will be charged to the Customer on all overdue amounts. Collection costs equivalent to an additional 30% of the overdue amount will be charged to the Customer in cases where an overdue amount is referred to any third party. Customer will also be liable for any other incidental charges incurred in pursuing overdue balances (including, but not limited to legal costs, tracing charges and document service fees).
5. Installation: The Company is committed to safeguarding the health and safety of Customers, installers, contractors and staff during installation and any subsequent servicing of equipment. It is the Company’s responsibility to ensure that all installations and servicing are conducted in a safe manner.
It is the Customers responsibility:
6. Presence of Asbestos in Building Materials: It is the Customers responsibility to advise the Companys representatives of the presence of building materials that may contain asbestos in any roof cladding, soffit, eaves, gable or interior ceilings that may affect the installation. While the Companys representatives will endeavour to identify and make the Customer aware of the possible presence of materials containing asbestos in locations that may affect the installation, neither the company nor its representatives can be held liable for failing to recognize the possible presence of asbestos in such materials. The Company will not install equipment in the event it identifies a possible presence of materials that may contain asbestos in locations that may affect the installation until the materials have been tested (at the Customers expense) or where available, an alternative installation option (e.g. venting through the roof rather than an affected eave or gable) is agreed between the Customer and the Company (at the Customers expense)
7. External Penetrations through the Roof: Where it is proposed to locate external air inlet or outletvents in the eaves, soffit or gables, or anywhere else at the installation address, if, prior to or at the timeof installation it is found that the relevant equipment may not be able to be installed in the originallyproposed locations either because of the presence of building materials containing asbestos in theaffected locations, or the building structure has a low pitched roof, inadequate crawl space, or lackssuitable eaves, soffit or gables, or any other reason, the Company reserves the right to re-quote to install such equipment at the Customers cost.
8. Exclusions: Unless specifically noted and included, quotations do not include additional building,carpentry, electrical, painting, plastering, plumbing or other work of other trades that may be requiredor recommended. Where the cost of such work is to be included in the overall cost it shall be noted inthis Agreement. Unless such work is specifically included in this Agreement or agreed separately, the commissioning, control and payment for such work shall be the responsibility of the Customer, and the Company shall not be responsible for the performance of any contract commitment entered into by the Customer with other contractors or suppliers.
9.1 If the equipment and/or services are acquired by the Customer for business purposes, the Customer agrees that the Consumer Guarantees Act 1993 does not apply to the contract in respect of that equipment and/or services.
9.2 To the extent permitted by law and as otherwise set out in this Agreement, the Company accepts no liability for any claim (for any damages or loss of any kind) by the Customer or any other person, including without limitation any claim relating to or arising from:
(a) any conditions, warranties, descriptions, representations, conditions as to fitness or suitability for purpose, tolerance to any conditions, merchantability or otherwise, whether express or implied by law, trade custom or otherwise: or
(b) any representations, warranties, conditions or agreement made by any agent or representative, or by the Customer, which are not expressly confirmed by the Company in writing.
9.3 Except to the extent provided in this Agreement, the Company has no liability to the Customer (including liability in negligence, under statute, at law, or otherwise arising from its relationship with the customer) for any loss or damage, consequential, special or otherwise, suffered or incurred by the Customer in relation to the equipment and/or advice, recommendation(s), information or services.
9.4 Under no circumstances will the Company be liable for:
9.5 To the extent permitted by law, the Company’s liability, if any, arising from a breach of or otherwise under this Agreement is at the Company’s option, limited to and completely discharged, in the case of the equipment, by either;
(a) the supply by the Company of equivalent equipment; or
(b) the replacement by the Company of the equipment supplied to the Customer; or
(c) the payment of the cost of replacing the equipment or of acquiring equivalent equipment.
9.6 Nothing in this Agreement is intended to have the effect of contracting out the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and this Agreement is to be modified to the extent necessary to give effect to that intention .