Trading Terms and Conditions - My Pool Safety Pty Ltd
1. DEFINITIONS
1.1 The Supplier is My Pool Safety Pty Ltd (ABN: 34 619 835 004)
1.2 The Customer includes any person engaging the Supplier on behalf of and with the authority of the person or entity that the Order is provided for.
2. GENERAL
2.1 These terms and conditions together with the Supplier’s quotation constitutes the agreement between the Supplier and the Customer (“the agreement”).
2.2 The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent, but the Supplier acknowledges that it remains at all times liable to the Customer in accordance with the terms herein.
3. QUOTATIONS AND PLACEMENT OF ORDERS
3.1 Any quotation given by the Supplier will expire after thirty (30) days.
3.2 A written quotation from the Supplier will include a scope of works detailing the specific Services to be performed by the Supplier.
3.3 As a condition of acceptance, the Supplier shall require the payment of a deposit in the sum of 50% of the total contract price in respect of the Price for the Services. The Supplier may not be deemed to have accepted the Customer’s request for Services unless or until such deposit has been paid.
4. PRICE AND PAYMENT
4.1. Customers must make full payment to the Supplier on the day of completion of the Services, unless otherwise specified or agreed between the parties in writing.
4.2 GST will be charged on the Services provided by the Supplier that attract GST at the applicable rate.
4.3 The Supplier reserves the right to change the Price in the event of a variation. Notice will be provided in writing by the Supplier within a reasonable time.
4.4. At the Supplier’s sole discretion, the Price shall be either:
4.4.1. The Supplier’s quoted Price for the Order (subject to clause 4.3 above); or
4.4.2. As detailed on invoices provided by the Supplier to the Customer in respect of Services supplied.
4.4.3 This includes change of mind on a colour or product but not limited to you will be charged the price for these changes.
5. DEFAULT
5.1. If the Supplier does not receive the outstanding balance by the default date the Customer will be liable for:
5.2. Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis.
5.3. An account keeping fee of $15.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid.
6. RISK AND LIABILITY
6.1. The Customer will ensure when placing Orders that there is sufficient information and specifications to enable the Supplier to execute the Order, including, but not limited to advising or providing plans detailing any concealed easements, pipes or wiring and the like to the Supplier.
6.2 The Supplier accepts no responsibility for any misunderstanding or interpretation on the part of the Customer in respect of the scope and detail provided for within the quotation EG: Colour, Height
6.3 The Supplier will take all care but accepts no responsibility for damage to underground cables or pipes (e.g. water, electricity, telephone) during the provision of the Services. The Customer acknowledges that it is their responsibility to make the Supplier aware of the exact positioning of the aforementioned cables and pipes.
6.4 In accordance with paragraph 6.3. above, the Customer acknowledges that Dial Before You Dig alone is not a suitable investigative tool to determine the location of underground cables or pipes in residential premises.
6.5 The Customer acknowledges and grants the Supplier a tolerance of 50mm if required to build around items on the fence line.
6.6 The Customer acknowledges that all heights listed on the Supplier’s quotations are measured from lowest land level, and many vary depending on land fall.
6.7 The Customer acknowledges that underground or hidden obstructions found when digging post holes (e.g. rocks, concrete, pipes, tree roots) will result in extra charges. When an obstruction is found, the Supplier shall endeavour to contact and notify the Customer of the extra charges before construction continues
6.8 In the event that the Supplier is unable to make contact with and give notice to the Customer of the extra charges detailed at paragraph 6.7. herein, the Customer acknowledges that construction will continue, and any extra charges shall be added to an invoice rendered to the Customer by the Supplier.
6.9 The Customer acknowledges that cracks in concrete and/or paving tiling and brick work and existing glass may occur during the provision of the Services. The Supplier warrants that it will take all reasonable care to avoid said cracking, and the Customer shall indemnify the Supplier against any loss arising from same.
6.10 The Customer acknowledges that excess soil, old bricks, rocks, concrete or old pipes found while digging will not be removed by the Supplier
6.11 The Customer acknowledges that the Supplier is not responsible for restoring garden beds following the provision of the Services.
6.12 The Customer acknowledges that the Supplier will act wholly in accordance with the Customer’s instructions insofar as the height of construction is concerned. The Supplier accepts no responsibility if and when a fence is ordered to be cut down due to a failure to obtain the relevant permit or observe relevant planning laws.
6.13 The Customer is responsible for obtaining all permits required for the provision of the Services and shall indemnify the Supplier for any/all charges associated with the removal or amendment to any structure erected due to an incorrect or deficient permit.
7. Cancellation by Customer
7.1. The Customer may cancel any Order by providing no less than twenty-four (24) hours’ notice to the Supplier before the Services were due to be performed.
7.2. In the event that the Customer cancels the Order, the Customer shall be liable for loss and damage suffered by the Supplier; but limited to:
7.2.1. The Price of the Order; or
7.2.2. Any costs or expenses incurred by the Supplier, including the cost of purchasing the Goods from a third party to meet the Customer’s Order.
7.3 The Supplier may retain any deposit or other sum paid by the Customer in respect of the Price of the Order and offset such sum or deposit in satisfaction or partial satisfaction of any loss and damage suffered by the Supplier as a result of the Customer’s cancellation of the Order.
7.4 The Supplier may make a decision on the day that is booked to cancel with weather permitting wet weather hailstorms and thunder lightning but not limited to
8. Cancellation Due to Wet Weather
8.1 The Company reserves the right to postpone or cancel scheduled work if weather conditions are deemed unsuitable for the safe and effective installation of fencing. This includes, but is not limited to, heavy rain, storms, or other adverse weather conditions that could compromise the quality of the work or the safety of our team. In such cases, the Company will make reasonable efforts to reschedule the work at a mutually convenient time.
8.2 In the event of inclement weather, the Customer may also choose to postpone the work. If the Customer decides not to proceed with the work due to bad weather conditions, they must notify the Company as soon as possible. Upon receiving such notice, the Company will endeavour to reschedule the work at a mutually convenient time.
9. WARRANTY
9.1 Gate hinges and locks has a 6-month warranty for us to come and adjust this is all depending and not limited to the state of the hinges and lock eg if the gate has been propped open or it has been swung on this may be a cost to the owner
Post 6 months we are happy to help with tightening or adjusting but this may incur a fee
9.2 No warranty is given where the Works are within splash distance of a salt or chlorine pool, unless a specific warranty is obtained from the applicator of any finish incorporated into The Works.
10. ENTIRE AGREEMENT
10.1 The agreement as defined herein constitutes the whole agreement between the Customer and the Supplier.