[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22″][et_pb_row admin_label=”row” _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.6.0″ _module_preset=”default” header_text_align=”center” header_line_height=”1.3em” header_font_size=”20px” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
[\/et_pb_text][et_pb_text _builder_version=”4.6.0″ _module_preset=”default” hover_enabled=”0″ sticky_enabled=”0″]<\/p>\n
[\/et_pb_text][et_pb_text admin_label=”Text” _builder_version=”4.6.0″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ use_border_color=”off” border_color=”#ffffff” border_style=”solid” sticky_enabled=”0″]<\/p>\n
1 Ownership<\/strong> 2 Prices<\/strong> 3. Payment<\/strong> 4 Delivery<\/strong> 5 Bailment<\/strong> 6 Site Access<\/strong> 7 Personal Property Securities Act 1999 (PPSA)<\/strong> 8 Default<\/strong> 9 Costs<\/strong> 10 Limits<\/strong> 11 Limitation of Liability<\/strong> 12 Penalty Interest<\/strong> 13 Privacy Act<\/strong> 14 Consumer Guarantees Act 1993 (\u201cCGA\u201d)<\/strong> 15 Miscellaneous<\/strong> [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":" Queenstown Plumbing & Gas Limited(\u201cQueenstown Plumbing\u201d)Terms of Trade All goods and services are supplied on the following terms: 1 Ownership 1.1 Ownership and title to all goods remains with Queenstown Plumbing and does not pass to the customer until payment is made in full. 2 Prices 2.1 All goods and services will be charged at […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":" [et_pb_section admin_label=\"section\"][et_pb_row admin_label=\"row\"][et_pb_column type=\"4_4\"][et_pb_text admin_label=\"Text\" background_layout=\"light\" text_orientation=\"left\" use_border_color=\"off\" border_color=\"#ffffff\" border_style=\"solid\"]<\/p> Terms of Trade<\/span><\/p> The following constitute the terms and conditions of business between us, Queenstown Plumbing and Gas Ltd and you, the client.<\/span><\/p> 1. Price.<\/span><\/strong><\/p> Where a quotation has been given for work to be performed; that quote remains valid for 30 days. Your acceptance of our quotation must be confirmed in writing prior to commencement of work. We may withdraw that quotation anytime before acceptance.<\/span><\/p> 2.\u00a0 <\/span>Payment.<\/span><\/strong><\/p> Payment of the claimed amount is due and payable by you within 7 days following invoice. Where work is undertaken over a period exceeding one month, invoices may be issued for progress payments, covering work done and costs incurred up to the date of the invoice. If you disagree for any reason with the claimed amount, you will respond in writing before the payment is due. When arranged in advance, payments may be made on the 20th of the month following invoice.<\/span><\/p> Overdue payments shall attract interest in addition to the original invoiced amount at 2.5% compound per 30 days or part thereof upon so much of the original amount as remains due until full payment is made.<\/span><\/p> The client shall pay or reimburse all costs and expenses incurred by Queenstown Plumbing and Gas in instructing a Solicitor or Debt collection Agency to recover any amount overdue for payment.<\/span><\/p> 3.\u00a0 <\/span>Disputes.<\/span><\/strong><\/p> If any dispute or difference arises in connection with work done or payments claimed by us, or any other matter pertaining to business between us & you, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contract Act 2003 (CCA), or to the Master Plumbers Association of which we are a member for settlement through that Association\u2019s Disputes Procedure. For the purpose of\u00a0 <\/span>s.33(1)(c) of the CCA, the Master Plumbers Association shall be the nominating body.<\/span><\/p> 4.\u00a0 <\/span>Consent.<\/span><\/strong><\/p> You are responsible for obtaining any consents or other authority necessary for the work, and will provide that to us on request. Where a building consent is required and you have failed to obtain it, we may lodge a building consent application as your agent at your expense.<\/span><\/p> 5.\u00a0 <\/span>Warranty.<\/span><\/strong><\/p> We guarantee that we will remedy any defective workmanship and replace any faulty material that is reported to us in writing within 90 days of completion of the contract. This performance guarantee does not extend to any goods or materials supplied by you. In the case of work covered by the Consumer Guarantees Act 1993, this warranty is in addition to any rights you may have under the Act.<\/span><\/p> 6. Variations.<\/span><\/strong><\/p> Once our quotation has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing.<\/span><\/p> 7. Plans & specifications.<\/span><\/strong><\/p> We shall be entitled to rely on the accuracy of and not be obliged to check any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans & specifications.<\/span><\/p> 8.\u00a0 <\/span>Romalpa Clause (Retention of Title).<\/span><\/strong><\/p> (a) Legal ownership in all goods is retained by Queenstown Plumbing and Gas until full payment has been received.<\/span><\/p> (b) The client will be responsible for risk of any loss or damage to the goods whensoever and howsoever caused following delivery notwithstanding that title to the goods may not have been passed to the client.<\/span><\/p> (c) If any payment is overdue in whole or in part, Queenstown Plumbing and Gas may (without prejudice to its other rights) recover or sell any goods supplied by us to the client and without further notice may enter upon the Clients premises whether itself of by its agents in order to take possession of any and remove such goods.<\/span><\/p> (d) The client will indemnify Queenstown Plumbing and Gas or its employees or agent against any loss or damage occasioned to third parties in or arising from the repossession of the goods.<\/span><\/p> 9.\u00a0 <\/span>Privacy Act.<\/span><\/strong><\/p> You authorise us to use information collected from you and to collect information from third parties for purposes relating to performance under this agreement.<\/span><\/p> [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>","_et_gb_content_width":"","inline_featured_image":false,"footnotes":""},"yoast_head":"\n
1.1 Ownership and title to all goods remains with Queenstown Plumbing and does not pass to the customer until payment is made in full.<\/p>\n
2.1 All goods and services will be charged at rates applicable at the date of billing. The customer must pay the prices charged.
2.2 Unless otherwise stated all prices are exclusive of GST and other taxes which must be paid by the customer.
2.3 Queenstown Plumbing reserves the right to amend any discount structure applying to your account at any time, without notice to you.
2.4 Queenstown Plumbing may require a deposit of some or all of the value of the work and services to be supplied.
2.5 The customer must pay freight costs and insurance charges and for time spent by Queenstown Plumbing in travel to and from the job, as well as time spent in the acquisition of materials required.<\/p>\n
3.1 Queenstown Plumbing will invoice the customer for all sales and services.
3.2 All accounts are payable on the 20 of the month following the invoice date (\u201cdue date\u201d), except where Queenstown Plumbing has agreed in writing \u2028that other terms shall apply.
3.3 If payment is not made by the customer on the due date, Queenstown Plumbing \u2028may suspend or terminate supply
3.4 Payment of all amounts is to be made in full without any set-off, \u2028reduction or counterclaim.<\/p>\n
4.1 Delivery occurs at the time possession of the goods passes to the customer or a person nominated by the customer.
4.2 The risk in goods passes to the customer on delivery.<\/p>\n
5.1 Any items left with Queenstown Plumbing for service, repair or storage shall be held by Queenstown Plumbing as bailee in possession.
5.2 The risk of damage of any such items shall remain at all times with the customer and the customer is required to maintain insurance policies over those items while they are in Queenstown Plumbing\u2019s possession
5.3 If the customer defaults in payment of the costs of service and \/ or repair, Queenstown Plumbing shall be entitled to, having provided written notice to the customer at their last known address, cancel the bailment, take possession of and sell the items and direct the proceeds of such sale to the recovery of all costs incurred by Queenstown Plumbing, including the costs of repair, debt collection commission and or legal fees (on a solicitor client basis) and any other costs incurred by Queenstown Plumbing whatsoever as a result of the default.<\/p>\n
6.1 The customer will provide Queenstown Plumbing with full access to all areas required to carry out the services, and will ensure that the worksite is safe and secure.
6.2 If Queenstown Plumbing believes the worksite is unsafe they can suspend all work on the site until the site is made safe.<\/p>\n
7.1 All terms in this clause 7 of these Terms of Trade have the meaning given in the PPSA, and section references shall be to sections of the PPSA.
7.2 Clause 1of these Terms of Trade creates a security interest in all present and after acquired goods of the customer and their proceeds.
7.3 The customer consents to Queenstown Plumbing registering on the Personal Property Security Register (\u201cthe PPSR\u201d) a general security interest over all the customer\u2019s assets, and a security interest over all goods supplied by Queenstown Plumbing.
7.4 The customer waives its rights under sections 114(a), 116, 117, 119, 120(2), 121, 125, 129, 131, 132, 133,134 and 148.
7.5 If requested by Queenstown Plumbing, the customer will promptly execute any \u2028documents, provide all necessary information and do anything else required by us to ensure that the security interest created under this Agreement constitutes a perfected security interest in the goods and their proceeds which will have priority over all other security interests in the goods.
7.6 The customer will pay to Queenstown Plumbing all fees and expenses incurred by Queenstown Plumbing in relation to the filing of a financing statement or a financing change statement in connection with these Terms.
7.7 The customer will give Queenstown Plumbing prior written notice of a proposed change in the customer\u2019s name or address.<\/p>\n
8.1 The security interest created by clauses 1 and 7.3 of these Terms of Trade becomes enforceable if any of the following events occur:
(a) The customer fails to pay any money owing on the due date;
(b) The customer sells, parts with possession, leases or disposes of any goods or does anything inconsistent with Queenstown Plumbing\u2018s ownership of the goods prior to making full payment;
(c) Queenstown Plumbing believes the customer has committed or will commit an act of bankruptcy, has had or is about to have a receiver appointed, or is declared insolvent;
(d) The goods are at risk, as that term in is defined in the PPSA; (e) Any other of the events provided for in the PPSA apply.
8.2 In addition to rights conferred by part 9 of the PPSA, Queenstown Plumbing may take possession of any goods and may enter any premises, whether or not the occupier is present in order to take possession of goods pursuant to this clause.<\/p>\n
9.1 The customer must pay all of Queenstown Plumbing\u2019s costs of and incidental to the enforcement or attempted enforcement by Queenstown Plumbing of its rights, remedies and powers under these terms, such costs to include debt collection and legal costs (as between solicitor and customer) on a full indemnity basis.<\/p>\n
10.1 Queenstown Plumbing may restrict the amount of credit provided to the customer, and may change that limit from time to time without prior notice.
10.2 The customer agrees that where it has obtained credit in excess of any limit noted on the application or imposed by Queenstown Plumbing, the customer will be liable in full for payment of any amount owing in excess of that limit.<\/p>\n
11.1 Queenstown Plumbing is not responsible for any damage caused either to the goods supplied or other goods, resulting from a malfunction, if:
(a) The goods are fitted by someone other than Queenstown Plumbing; and (i) That person is not suitably qualified; or
(ii) The goods are not fitted to a good trade standard; or
(b) The goods are in any way adapted to a use for they are not \u2028specifically intended; or
(c) The goods are added to or repaired using components not \u2028recommended or approved by the manufacturer.
11.2 Queenstown Plumbing has no further liability or responsibility for any direct, indirect or consequential injury, loss or damage arising from any supply of \u2028goods or services.
11.3 Damages for faulty goods or services will be limited to the \u2028purchase price of those goods or the value of the services contracted for.<\/p>\n
12.1 Penalty Interest at a rate of 15% per month, will accrue an any unpaid amount on a daily basis from the due date, to the date of payment. Such interest will be payable upon demand.<\/p>\n
13.1 The customer authorises Queenstown Plumbing to:
(a) Make enquires with relevant third parties and\/or credit \u2028agencies regarding the customer\u2019s credit history
(b) Release information for the above purpose to the extent \u2028necessary, to relevant third parties and\/or credit agencies
(c) Instruct an agent to carry out any credit enquires, and the customer agrees the above authorisations will apply to such \u2028agent.
13.2 The customer authorises any credit agencies and\/or relevant third \u2028party to disclose any relevant information to Queenstown Plumbing in response to credit enquires. The customer acknowledges that any information disclosed to a credit agency will be held on their systems and used to provide their credit reporting service.<\/p>\n
14.1 Where the customer is a consumer under the CGA who acquires goods and services from Queenstown Plumbing other than for the purpose of business, then these Terms of Trade will be subject to the provisions of the CGA.
14.2 Where goods and \/ or services are supplied for business purposes, the customer agrees that the provisions of the CGA will not apply.<\/p>\n
15.1 By having work undertaken the customer is deemed to have accepted these Terms of Trade and accepted liability for the account.
15.2 These Terms of Trade may be varied by Queenstown Plumbing, at any time without notice to the customer. New Terms of Trade will be enforceable by Queenstown Plumbing from the date they were provided to the customer.
15.3 The application and these Terms of Trade are the entire agreement between Queenstown Plumbing, the customer and the Guarantor, and supersede all representations, agreements or other communications made by Queenstown Plumbing.
If any part of these Terms of Trade is illegal, unenforceable or invalid, that part is to be treated as modified or removed to the extent required to make it effective. The rest of these Terms of Trade are not affected.<\/p>\n