In these terms of trade “Company” means Dow Enterprises Ltd, trading as The Outdoor Room Company.
The “Customer” means the purchaser of goods and services.
Any Goods or Services supplied or completed by the Company for the Customer will be supplied on these terms and conditions.
Any purchases made by the Customer will be deemed to comply with these terms and conditions.
The Company’s prices are exclusive of Goods and Services Tax unless otherwise stated.
A deposit (as detailed in the quotation or as otherwise advised) is payable upon acceptance of the quotation. Should a job be cancelled by the client following job confirmation and deposit payment, and where manufacturing has already commenced, part or all of the deposit may be non-refundable to cover costs already incurred. Failure to pay a deposit does not constitute non-acceptance of the order but does entitle The Outdoor Room Company not to proceed with the work at its own option.
The Company reserves the right to request payment for any goods and services prior to commencement of works.
No retention of payment
If all the conditions necessary for the completion of contract by the Company, the Customer shall not deduct any sums when paying the balance of the total price.
If full payment for any goods and/or services is not made to the Company by the due date for payment upon contract completion, then the Customer shall be in default and the Customer shall at the Company’s discretion (and without affecting any other right the Company may have), pay default penalty interest of 5% per month on any amount outstanding to the Company.
The Customer shall also be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay.
During any period of time while the Customer is in default on any account with the Company, the Company may suspend or withhold the provision of goods and services.
The Company reserves the right to refuse credit.
The issue of an order from the Customer constitutes acceptance by the Customer of these terms, even if the contrary is stated in the Customer’s orders or correspondence.
Suspension or Cancellation
Cancellations may not be accepted once the contract has been entered into, regardless of whether a deposit has been paid or not.
In the event that any part of an invoice is disputed the amount not in dispute will be paid promptly in accordance with the payment terms.
Thereafter, the parties agree to use their best endeavors to promptly resolve any dispute of difference between them and the company may, at its option, require the customer to submit mediation with the assistance of a qualified mediator.
The Customer must advise the Company of any dispute relating to their invoice within 7 days of receiving the invoice.
In the event of the Customer not being totally satisfied with the contention on the part of the Company that “completion of contract” has taken place and no agreement can be reached between the two parties, then the matter shall be subject to arbitration.
Quotations are valid for 30 days from the date of quotation unless otherwise stated.
Prices are ruling at the date of quote but are subject to alteration after 30 days or until supplier price variation.
Quotations exclude Goods and Services Tax, unless otherwise stated.
Any quotes provided by the Company for the Customer are based on the cost at quotation date of materials, labour, rates of exchange, insurance, freight, duty, taxes and other cost items over which the Company has no control. Any increase in price caused by these factors will be added to the price and become payable by the purchaser unless the Company has agreed in writing to waive this provision.
Any quotes issued by the Company affected by any price variations may require a price review, and increases caused by these variations may be passed on to the Customer.
To avoid such price increases the Customer may be asked to purchase materials in advance to obtain quoted rates prior to price increase.
Quotations are inclusive of travel time and travel costs.
All goods and services are subject to supplier availability and supplier price variation. If there is a substantial change, this will necessitate a price review.
Any variations required by the Customer will be invoiced at the end of the month in which they were carried out and due for payment as per the payment terms above.
Any unknown variations related to carrying out the quoted work will be quoted and presented to the Customer prior to work taking place.
Upon approval for variations requested by the Customer or unknown variations presented to the Customer the following shall apply;
- A standard rate applies for variations of $65 plus GST per hour for tradesmen and/or installers.
- Materials for variations will be charged at cost + 10%, plus GST.
- A vehicle/service charge will be added to all invoices produced by the Company for variations, unless otherwise agreed. This charge covers costs associated with the Company’s vehicle fleet including but not limited to; fuel, road user charges, and general warranty and maintenance costs.
- Labour costs include any time spent travelling to and from the workshop to the Customer, including any time taken to procure any materials and goods required for the job. Labour costs also include administration in relation to the job.
Risks, Warranties and Guarantees
The Company shall be responsible to ensure that adequate and appropriate insurance cover is in place, during the period that the roof is under construction, covering loss or damage to any of the Customer’s property, the roof whilst being erected and any of the roof’s components whilst being stored on the Purchaser’s property.
Such insurance cover to remain in place until the completion of the contract. Any loss or damage to the roof caused by faulty workmanship or any other act or omission on the part of the Company, shall be made good at the cost of the Company.
Ownership of the goods shall remain with the Company until payment in full has been received for them.
Until payment is made for the goods, the Customer shall hold the goods as bailee for the Company.
The Company shall have the right at any time after payment is due, and not made, to enter premises occupied by the Customer and take possession of the goods. The Customer indemnifies the Company for all costs and expenses which the Company may incur in effecting recovery of possession and removal.
If the Customer resells the goods or any part of them or if they have become constituent parts of any other goods sold by the Customer before payment is made to the Company for them, then the Customer shall ensure that it holds the sale proceeds for an account to the Company. If the amount owing to the Customer as a result of such resale becomes a book debt in the accounts of the Customer, then the customer shall, if called upon to do so, assign to the Company the debt and all other rights and remedies it might have in respect to the debt.
If the Customer shall cease trading, be placed in receivership or liquidation, become bankrupt or permit the Customers goods to be taken in execution, or compound or make an arrangement with the Customers creditors then, in addition to, and without prejudice to, any other rights or remedies the Company might have, the following shall occur:
- All unpaid accounts in respect to the goods and services supplied by the Customer shall become immediately due and payable, and;
- The provisions relating to the Company’s right of entry, repossession and recovery of goods shall apply.
This retention of title clause creates a purchase money security interest under the Personal Property Securities Act 1999 (“the Act”) all goods sold by the Company to the Customers. The security interest extends to proceeds of sale of the goods and to any product into which the goods are incorporated or co-mingled
Health and Safety
Any sub-contractors contracted to the Company are required to comply with the Companies Health and Safety Policy.
The Company will not be liable for failure to meet its obligations if the failure is brought about by a force majeure circumstance (i.e. any circumstances outside the Company’s control).
Limitation of Liability
Where the work is acquired by the Customer for business purposes, the warranties continued in the Consumer Guarantees Act 1992 are specifically excluded.
The Company’s liability for any loss, damage or expense arising out of the goods after services provided is limited at the Company’s option, to either:
- replacing or repairing any part of the work which the Customer is entitled to reject; or,
- refunding the price of the work which the Customer is entitled to reject.
The Company will not be liable in any event if:
- the work has been altered or repaired by any person other than the Company; or,
- the work has been subject to excessive wear or tear, or improper or abnormal use or storage.
In any event, the Company will not be liable in respect of any claim unless the claim is notified to the Company within:
- 12 months of completion of the work; and
- 7 days of the alleged defect becoming apparent; and
- The Company is given a reasonable opportunity to investigate the claim.