TERMS & CONDITIONS

 

 

NORTH SHORE SWIMMING POOL CENTRE (NSSPC)

T/A Pool Doctor

TERMS OF TRADE

1.General

    1.1 In these terms and conditions

        (a) “Customer” means the customer, any person acting on behalf of or with the authority of the customer, or any person purchasing Goods and / or Services from NSSPC;

        (b) “Default” means each of the events set out in clause 7.6;

        (c) “Goods” means all goods and products supplied by NSSPC to the Customer from time to time;

        (d) “NSSPC’ means the relevant authorised NSSPC employees, contractors and agents, and its successors and assigns;

        (e) “Premises” includes, without limitation, any house, building or vehicle;

        (f) “Price” means the cost of the Goods and Services as determined in accordance with clause 4.1; and

        (g) “Services” means all the services supplied by NSSPC to the customer.

1.2  The Goods and services supplied on these terms and conditions of trade.  No variation of these terms and  conditions of trade is permitted unless NSSPC has agreed in writing to such variation.  These terms and conditions of  trade prevail over the terms of any purchases order or any other terms of contract submitted by the Customer.

1.3  The Parties to a particular Contract shall be the Customer, and the NSSPC company which renders the invoice for the invoice for the Goods and Services provided.

 

2. Quotation

      2.1  Where a quotation is given by NSSPC for Goods and Services:

           (a)  Subject to clause 2.2, the quotation shall be valid for thirty (30) days from the date of issue and thereafter shall be deemed to be withdrawn;

           (b)    Only Goods and Services itemised in the quotation are included in the contract;

           (c)     The quotation shall be exclusive of GST unless specifically stated otherwise;

           (d)    No variation of the quotation is permitted unless NSSPC has agreed in such writing to such variation; and

           (e)    NSSPC reserves the right to alter the quotation due to circumstances beyond its control.

 

      2.2   NSSPC reserves the right to withdraw a quotation at any time.

 

     2.3   A quotation is based on rates and conditions at the time of issue.  Any increase in the cost of labour or materials thereafter may be charged at NSSPC’s sole discretion and NSSPC may increase the price quoted at any time prior to quotation being accepted.

 

3. Acceptance

3.1  Any instructions received by NSSPC from the Customer for the supply of Goods and Services      and / or, as the case may be, the signing of any quotation provided by NSSPC to the Customer shall constitute acceptance of these terms and conditions of trade.

 

4. Price and Payment

     4.1   The price shall be either:

           (a)     Subject to clause 2.2, the price stated in NSSPC’s quotation; or

           (b)     If there is no quotation, the cost of the Goods and Services calculated using NSSPC’s prices current at the time of invoice.

     4.2    Payment of the Price is to be made by the Customer to NSSPC in full:

          (a)     On delivery of the Goods or within seven (7) days completion of performance of the Services; or

          (b)     Where the Customer holds an approved account with NSSPC, before or on the 20th day of the month following the date of invoice.

     4.3    Time for payment of the Goods and Services shall be of the essence.

     4.4    The Customer will make all payments due to NSSPC in full without deduction or set off by way of cash, cheque, credit card, direct credit, or by any other method agreed by NSSPC.  Receipt by NSSPC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured or cleared.

      4.5   Any deposit paid is non-refundable.

      4.6   All Goods and Services sold are subject to goods and services tax.

 

5.Supply and Delivery

      5.1  The Customer may place orders for Goods and Services from time to time.  NSSPC will use its reasonable endeavours to deliver all Goods and Services within the agreed time, or if no time  has been agreed upon, within 14 business days of receipt of each order.  NSSPC has no obligation to deliver any Goods or provide any Services unless NSSPC accepts the order.

       5.2  The anticipated time of supply will be extended if, for any reasons outside of NSSPC reasonable control, Goods and Services are not able to procured, or if NSSPC is not able to obtain unimpeded access to the relevant premises for the purpose of delivery the Goods or performance of the Services.

       5.3  NSSPC shall not be liable for any loss or damage suffered or incurred by the Customer or by any third party as a result of any delay by NSSPC in delivering and / or completing the Goods services.

       5.4  If it becomes impracticable for NSSPC to supply any Goods or Service ordered by the Customer, NSSPC shall use reasonable endeavours to obtain a substitute product or service reasonably suited for the Customer’s requirements, and may offer to supply that product or service in substitution, at NSSPC normal price of that substituted product or service.  The Customer shall be free to accept or decline that offer.  The Customer shall have no claim against NSSPC in the event that it is impracticable for NSSPC to supply a product or service.

 

6.Risk

       6.1  Notwithstanding that NSSPC retains ownership of the Goods until payment is made in full, all Risk in the Goods passes to the Customer on delivery (or deemed delivered).

 

7.Defects

       7.1  The Customer shall inspect the Goods on delivery and shall within seven (7) days notify NSSPC of any alleged defect, shortage in quantity, damage or failure to comply with any quotation or description agreed in writing by NSSPC.

      7.2  The Customer shall afford NSSPC an opportunity to inspect the Goods within a reasonable time of the Customer notifying NSSPC of any alleged defect, shortage in quantity, damage or failure to comply with any quotation or description agreed in writing by NSSPC.

      7.3  If the Customer shall fail to comply with clauses 7.1 and 7.2, the Goods shall be deemed to be free from any defect, damage or failure to comply with any description or quotation.

      7.4  For Goods which NSSPC has agreed in writing that the Customer is entitled to reject, NSSPC liability is limited to either (at NSSPC’s option) replacing or repairing the Goods.

     7.5  Returns of Goods will only be accepted by NSSPC if:

             (a)   The Customer has complied with the provisions of clause 8.1 or NSSPC has agreed in writing to accept the return of the goods; and

             (b)   The Goods are returned at the Customer’s cost within fourteen (14) days of delivery (or deemed delivery); and

             (c)   The Goods are returned in the condition in which they were delivered.

 

8. Warranties

      8.1 Where the Goods have the benefit of a third party warranty, NSSPC will (to the extent permitted by the third part) pass the benefit of such warranty to the Customer, but will not itself be liable under such warranty.

      8.2 NSSPC warrants all workmanship in the completion of Services and the installation of Goods for a period of twelve months following the date of performance of such Services or installation of Goods, excluding valets and clean-ups, unless otherwise specified in writing.  For the avoidance of doubt, this workmanship warranty from NSSPC does not in any way extend or limit the benefit of a manufacturer’s warranty (if any) under clause 8.1.

     8.3 To the extent legally permitted, and subject only to clauses 8.1, 8.2 and 9:

      (a)  All warranties and representations implied by customary practice, at law, or under statute, are excluded;

      (b)  NSSPC liability in connection with any Goods or Services is limited (at NSSPC’s option) to the repair or replacement of the relevant Goods and Services.  In no event shall NSSPC’s liability to the Customer exceed the Price of the relevant Goods and Services;

      (c)  NSSPC shall not be liable in contract, tort, (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever in respect of or arising out of Goods and Services provided by NSSPC or any omission of NSSPC.

 

9.Consumer Guarantees Act 1993

    9.1 These terms and conditions of trade are subject to the provisions of the Consumer Guarantees Act 1993 (“CGA”) in all cases where the Customer is a consumer and does not acquire the Goods for the purposes of business.  In this clause 9 the terms ‘consumer’ and ‘business’ have the meanings to them in the CGA.

    9.2 In any event, NSSPC’s liability under any claim shall not exceed the cost of the Goods and Services.  NSSPC does not make or give any express guarantees (as defined in the CGA)

    9.3 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.

 

10. Default and Consequences Of Default

     10.1 If the Customer fails to make payment of any amount by the due date interest (calculated Daily from the due date until the date the payment is made in full to NSSPC) shall accrue and be payable on the overdue amount at the rate of 2.5% per calendar month.  Such interest shall compound monthly at such a rate after as well as before any judgement.

      10.2 If the Customer defaults in payment of any amount when due, the Customer shall indemnify NSSPC from and against all costs and disbursements incurred by NSSPC (including solicitor / Client costs on a full indemnity basis and collection agency costs), arising from, or Consequent on, enforcement, and / or collection of the overdue amount.

      10.3 If payment of any amount by the Customer (whether by cheque, credit card or other means) is dishonoured or rejected by the paying bank or agency, the Customer shall be liable to pay NSSPC and administration fee of $50.00.  This fee is in addition to all interest and other costs payable by the Customer under this clause 10.

       10.4 If a default occurs, then without prejudice to any other rights of NSSPC under these terms and conditions of trade or at law (including under the CCA) NSSPC may, in its sole discretion:

               (a)    Suspend or terminate the supply of Goods and Services to the Customer and any of the NSSPC other obligations under these terms and conditions of trade; and/or

               (b)    Cancel all or any part of any order of the Customer which remains unperformed.

      10.5 NSSPC will not be liable to the Customer for any loss or damage the Customer suffers as a result of any exercise by NSSPC of its rights under this clause 10.

      10.6 NSSPC’s rights under this clause 10 are in addition to and not in substitution for any other rights NSSPC may have at law.

 

11. Cancellation

      11.1 The Customer may only cancel an order for Goods and Services if agreed in writing by NSSPC

      11.2 If any order for Goods and Services is cancelled under clause 11.1 or is cancelled by NSSPC at any stage prior to delivery or performance of the Goods and Services the Customer shall remain liable to make payment    for all work undertaken by NSSPC up to the time of cancellation.

 

12. Privacy Act 1993

      12.1 The Customer irrevocably authorises:

      (a)    Any person or corporation to provide NSSPC such information as NSSPC may require in response to any credit enquiry in relation to the Customer;

      (b)    NSSPC to collect, retain and use any information about the Customer, for the purpose of assessing the Customers creditworthiness or marketing products and services to the Customer; and

       (c)    NSSPC to disclose information about the Customer, whether collected by NSSPC from the customer directly or obtained by NSSPC from any other source, to any other credit provider or any credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or notify a Default by the Customer.