2.1 You agree to provide us with and allow us to use information necessary to give effect to this agreement and provide you with the services (“your information”). We will not hold your information longer than required for the purposes of its collection.
2.2 Unless your consent is withdrawn in writing, you agree to us disclosing any of your information:
2.3 We will not use your information unless we have reasonably ensured it is accurate, complete, relevant and not misleading. If we give your information to another entity we will do everything reasonably within our power to prevent unauthorised use or disclosure of your information.
2.4 You may access any of your information and ask us to correct any mistakes in it.
3.1 “Services” means and includes, without limitation, labour, cleaning, restoration, care, treatment, management, maintenance and support, and out of pocket expenses, provided to you by us and identified in any account, application, order form, price list, email, supply request, quote, invoice, statement or other document issued by either party, which are deemed to be incorporated into and form part of this agreement; or
4.1 The price is the cost of the services as agreed between you and us from time to time including GST and out of pocket expenses. You agree to reasonable changes in the price at any time.
4.2 If no price is stated in writing or orally agreed, the price will be the cost that we provide the services at the time of your request, subject to reasonable changes.
5.1 Where we provide you with a quote:
5.2 Where we provide you with an estimate:
6.1 You agree to pay us in full:
6.2 We may require a credit card retention for services, the value of which you agree will be deducted from your credit card. All payments by credit card will incur an extra charge of 2.5% of the value of the invoice.
6.3 You agree to us allocating or reallocating any payment received from you towards any invoice.
6.4 Where services are provided in relation to insurance and a preferred supplier agreement applies, the insurance provider will be responsible for payment.
6.5 Although you may be expected to be reimbursed by a third party or expect us to be reimbursed by a third party for our services, you remain responsible for payment to us if the third party fails to pay.
7.1 We warrant that our services will be of a standard and quality that will meet your reasonable expectations with reference to reasonable industry standards, skill and quality.
7.2 Manufacturers’ warranties and guarantees apply. A Fiberguard warranty applies for the lifetime of the fabric to which it is applied.
7.3 If you are in trade and/or are a business, you agree that you and us contract out of the Fair Trading Act 1986 and Consumer Guarantees Act 1993 to the extent permissible by law.
7.4 We are not liable for delay or failure to perform our obligations if the cause is beyond our control.
7.5 Subject to 7.3 and 7.4, if we are deemed liable to you for any loss or damage of any kind, arising from the provision of services to you, including consequential loss whether suffered or incurred by you or another person or entity and whether in contract tort or otherwise, then you agree that our total liability is limited to the value of the services provided to you.
8.1 All requests from you constitute a binding agreement subject to these terms. If you wish to cancel or vary an order and we have reasonably relied on your original instructions, you will still be responsible for payment of the price of the request.
9.1 We will use our best reasonable endeavours to provide our services on the date and time agreed between you and us. The time and date of provision is not an essential term of our agreement and we accept no liability for default or delay. We may incrementally provide services listed in one invoice.
10.1 We have the right by notice to suspend or cancel any part of any agreement for the provision of services to you if you default by:
10.2 Cancellation or suspension will not affect our claims for any amount due at the time of cancellation or suspension, damages for any breach of your obligations under this agreement and any other legal rights we may have. Upon cancellation of this agreement any amount owed by you for work done up to and including the date of cancellation will become due and current orders terminate.
11.1 If you are a director of a company or the trustee of a trust:
12.1 We may outsource (contract out) part of the work required to provide the services. You agree to pay for all amounts due in connection with the outsourcing.
12.2 We own all existing and new intellectual property rights connected to the services and documentation associated with the same.
12.3 You agree that your failure to pay for goods and services by the due date gives rise to a legal or equitable estate or interest (“the interest”) in your land on which the goods and services were carried out and affixed and that the interest entitles us to register a caveat against your land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof. A caveat is a notice registered against the title of your land, which informs anyone who searches that title that we have a right to or interest in that land.
12.4 If we fail to enforce any of the terms of this agreement it will not be deemed to be a waiver of any of the rights or obligations we have under this agreement.
12.5 If any of these terms are determined to be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining terms will not be affected.
12.6 This is the entire agreement superseding all prior agreements, representations and warranties. Any instructions we receive from you will be subject to this agreement.
12.7 If any dispute or issue arises between you and us we must be notified within seven (7) days of the date our services were completed. Any material subject to a claim must not be destroyed and must not be removed from the address where the services were provided until we have inspected the material or waived our right to do so.
12.8 Documentation related to this agreement may be served on you by email.
12.9 Any reasonable general change we make to these terms will be published on our website, all other variations must be made by mutual agreement in writing.