Terms and Conditions
1.1 “Abbotts Drainage” shall mean Abbotts Drainage Limited, or any agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing products and services from Abbotts Drainage.
1.3 “Goods and Services” shall mean all goods, products, services and advice provided by Abbotts Drainage to the Customer and shall include without limitation all drainage, cesspit, septic tank, hydro jetting and video services and all charges for labour, hire charges, insurance charges, or any fee or charge associated with the supply of Goods and Services by Abbotts Drainage to the Customer.
1.4 “Price” shall mean the cost of the Goods and Services as agreed between Abbotts Drainage and the Customer and includes all disbursements eg charges Abbotts Drainage pay to others on the Customer’s behalf subject to clause 4 of this contract.
2.1 Any instructions received by Abbotts Drainage from the Customer for the supply of Goods and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Abbotts Drainage to collect, retain and use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Goods and Services provided by Abbotts Drainage to any other party.
3.2 The Customer authorises Abbotts Drainage to disclose any information obtained to any person for the purposes set out in clause 3.1.
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Goods and Services shall be deemed to be sold at the current amount as such Goods and Services are sold by Abbotts Drainage at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Goods and Services that is beyond the control of Abbotts Drainage between the date of the contract and delivery of the Goods and Services.
5.1 For commercial Customers payment for Goods and Services shall be made in full on or before the 20th day of the month following the date of the invoice (“the due date”).
5.2 Payment for domestic Customers shall be made in full on or before the 7th day following the date of the invoice (“the due date”).
5.3 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.4 Any expenses, disbursements and legal costs incurred by Abbotts Drainage in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.5 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
5.6 A deposit may be required. Progress payments will be required on large contracts.
6.1 Where a quotation is given by Abbotts Drainage for Goods and Services:
6.1.1 Unless otherwise agreed the quotation shall be valid for seven (7) days from the date of issue; and
6.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary;
6.1.3 Abbotts Drainage reserve the right to alter the quotation because of circumstances beyond its control.
6.2 Where Goods and Services are required in addition to the quotation the Customer agrees to pay for the additional cost of such Goods and Services.
7.1 The Customer authorises Abbotts Drainage to contract either as principal or agent for the provision of Goods and Services that are the matter of this contract.
7.2 Where Abbotts Drainage enters into a contract of the type referred to in clause 7.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
8. RETENTION OF TITLE
8.1 Where the Customer has not paid for any Goods and Services in its possession property in such Goods and Services shall remain with Abbotts Drainage and:
8.1.1 The Goods and Services shall be held by the Customer as bailee; and
8.1.2 Title in the Goods and Services shall remain with Abbotts Drainage until the Customer has made payment for the Goods and Services.
8.2 The Customer gives irrevocable authority to Abbotts Drainage to enter any premises occupied by the Customer, at any reasonable time, to remove any Goods and Services not paid for in full by the Customer. Abbotts Drainage shall not be liable for costs, damages or expenses or any other losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever.
9. GENERAL LIEN
9.1 The Customer agrees that Abbotts Drainage may exercise a general lien against any Goods and Services or property belonging to the Customer that is in the possession of Abbotts Drainage for all sums outstanding under this contract and any other contract to which the Customer and Abbotts Drainage are parties.
9.2 If the lien is not satisfied within seven (7) days of the due date Abbotts Drainage may, having given notice of the lien at its option either:
9.2.1 Remove such Goods and Services and store them in such a place and in such a manner as Abbotts Drainage shall think fit and proper and at the risk and expense of the Customer; or
9.2.2 Sell such Goods and Services or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
10.1 No claim relating to Goods and Services will be considered unless made within seven (7) days of delivery.
11.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Abbotts Drainage which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Abbotts Drainage, Abbotts Drainage’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
11.2 Except as otherwise provided by clause 11.1 Abbotts Drainage shall not be liable for:
11.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Goods and Services by Abbotts Drainage to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Goods and Services provided by Abbotts Drainage to the Customer; and
11.2.2 The Customer shall indemnify Abbotts Drainage against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Abbotts Drainage or otherwise, brought by any person in connection with any matter, act, omission, or error by Abbotts Drainage its agents or employees in connection with the Goods and Services.
11.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade Abbotts Drainage is deemed to be liable to the Customer, following and arising from the supply of Goods by it to the Customer then it is agreed between Abbotts Drainage and the Customer that such liability is limited in its aggregate to $500.00.
12.1 Manufacturer’s warranty applies where applicable.
13. OCCUPATIONAL HEALTH AND SAFETY STANDARDS
13.1 The Customer is obliged to ensure:
13.1.1 That all work sites comply with Occupational Health and Safety Statutory Requirements Regulations and Standards;
13.1.2 That there is always proper means of access to the work site;
13.1.3 Adequate protection of site against damage to Goods and Services by other trades. If any such damage shall arise then the Customer is responsible for any loss or damage.
14. CONSUMER GUARANTEES ACT
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires Goods and Services from Abbotts Drainage for the purposes of a business in terms of section 2 and 43 of that Act.
15.1 Abbotts Drainage shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
15.2 Failure by Abbotts Drainage to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations Abbotts Drainage has under this contract.
15.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
15.4 Where applicable the Construction Contracts Act 2002 applies.
15.5 If the Customer defaults in payment then the Customer agrees that the amount of such default gives rise to a legal or equitable estate or interest in the Customer’s land which entitles Abbotts Drainage to enter a caveat against the Customer’s land pursuant to the Land Transfer Act 1952 and its amendments or any legislation in substitution thereof.
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