ULTIMATE SHOWER SCREENS PTY LTD ACN 139 952 471
A reference to “the Supplier” means ULTIMATE SHOWER SCREENS PTY LTD ACN 139 952 471. Please read the undermentioned terms carefully. If you do not understand these terms of trade you should seek legal advice.
- As our products are customer made, the agreed terms are that full payment of our Invoice is required prior to processing your order unless you have completed and signed a Credit Account Application form.
- The Customer hereby agrees & acknowledges that at the absolute discretion of the Supplier, an account keeping fee of 2% per month will be levied on any or all amounts in default of the agreed trading terms.
- Should there be any variation to any of the information supplied by the Customer in this application or in the structure of the Customer’s business (such as a conversion to or from a company or trust or the appointment of new directors), the Supplier shall be notified in writing. Until a new Commercial Credit Application form is signed and approved in writing by the Supplier, then the original Commercial Credit Application and those person(s) who signed as guarantor(s) shall remain liable to the Supplier as though all goods and services were supplied to the original customer.
- DELIVERY. Deliveries shall be made during normal working hours. Deliveries required outside normal working hours will be delivered on request of the Customer, and all charges will be the sole responsibility of the Customer. In the event the Customer or the Customer’s Agent is not on site to accept the delivery, then the driver’s signature denoting the time, date and place of delivery, shall be deemed to be acceptance of the said delivery whether by the supplier or the supplier’s agent. The date of delivery set forth in the order form is made in good faith, but the performance of the Supplier’s engagement is subject to industrial disturbances, delay in transit, damage to goods in transit, shortage of goods and any other cause beyond reasonable control of the Supplier. The Supplier shall be excused from failure to deliver or complete, which is contributed to by any such cause, and the time specified for completion of delivery shall be extended commensurately. Delay in delivery or completion shall not constitute a breach of contract, nor shall it affect any other provisions of the contract to the Supplier’s disadvantage.
- TELEPHONE ORDERS. All telephone orders are to be immediately confirmed in writing by the Customer. In the event the confirmation varies from that recorded and processed by the Supplier, then the Supplier’s records shall prevail.
- ACCESS TO SITE. The customer at all times is responsible to ensure suitable access to the site. The Customer further indemnifies and saves harmless the Supplier, and or it’s servants or agents against any loss or damage, in the event the Supplier fails to provide suitable access to site for delivery, and or whilst on site working.
- CREDIT CLAIMS. It is the responsibility of the Customer to carefully inspect the goods immediately they are delivered. Credit Claims will only be recognised if made in the first instance by phone within 24 HOURS of receipt, and also in writing within 2 days of delivery. Claims outside this period will be at the absolute discretion of the Supplier, and its decision final and binding on the Customer. All goods returned must be in original condition and packaging and complete in every detail.
- WARRANTIES. All goods carry only such warranty, if any as is furnished by the manufacturer thereof, or as implied by law. The Supplier warrants their product for domestic use only, that its materials are free from faulty workmanship for a period of twelve months (mirrors only 6 months) from date of delivery. This warranty excludes those components supplied by other Suppliers, damage caused by neglect or misuse of materials supplied, powder coating fading, installation of materials less than 500 metres from any marine environment (salt water ocean or lake), labour costs associated with installation or removal of defective products, corrosion caused by chemicals, eg brick cleaning acids. NOTE – No warranty work will be completed whilst ever the Customer’s account is in default of the agreed trading terms.
- DAMAGES. The Supplier shall not be liable for any amount greater than the sales price of the product originally supplied. Without limiting the meaning of this clause, the Supplier shall not be liable for any claims, loss, expense whatsoever, how so ever arising, or in any event in any way whatsoever for any contingent, consequential direct/indirect special, or punitive damages arising in relation thereto, and the Customer acknowledges this express limit or liability and agrees to limit any claim accordingly. Further the Supplier shall not be responsible directly or indirectly for any consequential loss or maintenance, use or operation of the product by the Customer, or to any third party, or from any failure of the product whether defective or not.
- GST. The Supplier is required by law to pay Goods and Services Tax, (GST) on any work, the subject of this estimate/quote. GST will be in addition to the estimate/quote provided, if it is not shown otherwise.
- ENVIRONMENTAL REQUIREMENTS. The Customer confirms and acknowledges it has made all inquiries in relation to all responsibilities conferred upon the Customer, by the said Act, relating to storage of and disposal of any or all products supplied by the Supplier.
- INSURANCE. NO INSURANCE IS PROVIDED BY THE SUPPLIER. The Customer acknowledges that insurance of all goods are the responsibility of the Customer at point of delivery.