Aqua Property Wash

1. Definitions

Unless the context otherwise requires, the following definitions shall apply to these terms and conditions:

1.1 “Client” shall mean the client, or any person acting on behalf of and with the authority of the client, as described on any quotation, work authorisation or any document in any other format as provided and/or sent by the company to the client.
1.2 “Company” shall mean Aqua Property Wash, its successors and assigns or any person acting on behalf of and with the authority of Aqua Property Wash.
1.3 “Guarantor” shall mean that person(s) or entity who agrees to be liable for the debts of the client on a principal debtor basis.
1.4 “Goods” shall mean the goods purchased by the company for the sole purpose of use in the services supplied by the company to the client and clearly described on any invoices, quotation, work authorisation or any document in any other format as provided and/or sent by the company to the client. “Product shall have the same meaning where the context so permits.
1.5 “Services shall mean all services supplied by the company to the client and includes any advice or recommendation and, where the context so permits, shall include any supply of goods as defined above.
1.6 “Price” shall mean the price payable for the services supplied by the company to the client and as noted on any invoices, quotation, work authorisation or any document in any other format as provided and/or sent by the company to the client.
1.7 “Product of Services” shall mean the end result or final product produced by the company through the services rendered to the client.

2. Acceptance

2.1 Any instructions received by the company from the client for the supply of services and/or the acceptance of services by the client, shall constitute acceptance of the terms and conditions contained herein.
2.2 Upon acceptance of these terms an conditions by the client, the terms and conditions are binding and can only be amended with the written consent of the company.

3. Price and Payment

3.1 The price for the services rendered by the company shall be the price as quoted by the company and agreed to by the client, or, if no quote was provided to the client prior to the company commencing the services requested by the client, the amount indicated on invoices provided by the company to the client.
3.2 The company reserves the right to change the price in the event that the client requests a variation on the services initially quoted for. The company also reserves the right to change the price if wages, salaries, costs of materials, freight rates, taxes, government charges, insurance rates, duties and/or exchange rates are increased between the date of acceptance of the quote and the date on which services are commenced.
3.3 The company may, at its sole discretion, require the client to pay a deposit. A deposit not exceeding 30% of the contract price may be required before work commences.
3.4 The company may submit a detailed payment claim at intervals of no less than one month for work performed up to the end of each month. The value of work so performed shall include the reasonable value of authorized variations, whether or not the value of such variations has been finally agreed between the parties, and the value of materials delivered to the site but not installed. Progress payment shall be made within twenty (20) days of each monthly payment claim. Payment of all other invoices shall be made within twenty (20) days of the date of the invoice.
3.5 Payment will be made by cash or by direct credit into the bank account of the company as noted on the invoices.
3.6 GST shall be added to the price, except when they are expressly included in the price.
3.7 If the client fails to pay on/or before the due date of an invoice, the company reserves the right to charge penalty interest of 2% per month on overdue accounts from the due date until payment in full has been made. Accounts sent to debt collection agency will incur further fees which are the responsibility of the client. Any expenses, costs or disbursements incurred while recovering any outstanding monies, including debt collection agency fees or solicitors’ costs, shall be the responsibility of the client.

4. Delivery

4.1 Delivery of services shall be made to the address stated on the quote unless agreed otherwise, in writing, between the parties.
4.2 The company will strive to see that services are rendered according to the schedule noted in the quote by the company, but any period and/or dates quoted for the rendering of services are to be regarded as an approximate only.
4.3 The company may halt the rendering of services until the client has paid for all outstanding invoices. If the company suspends delivery of services, it will not be in breach of its obligations in terms of this agreement and it will not be liable for any loss or damage whatsoever suffered, or alleged to have been suffered by the client or by any person claiming through the client. If the company recommence services that had been suspended pursuant to this clause, the company is entitled to an extension of time to complete the services quoted for and it shall keep its rights under the agreement including the right to terminate or lift suspensions prior to payment. The suspension of services does not affect any rights the company would otherwise have pursuant to this agreement or the Contractual Remedies Act 1979.
4.4 The client undertakes to remove all objects that may hinder the company in providing the services as quoted for. The company shall not be liable in any way or held responsible for any consequences, whether as a direct or indirect result of a delay, if the company is prevented from rendering the services due to any cause reasonably beyond the company’s control.

5. Risk

5.1 The client acknowledges that any products used by the company in the rendering of its services, may exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The company will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any wag whatsoever where such variations occur.

6. Title

6.1 The company and the client agree that ownership of any products used by the company in the rendering of the services in terms of this agreement, shall not pass until the client has paid all amounts outstanding on all invoices sent to the client.
6.2 If, upon request from the company, the client fails to return any of the products provided by the company, prior to the passing of title to the client, the company or any agent of the company may enter upon and into land and premises owned, occupied or used by the client, or any premises where the product are situated, as the invitee of the client, and take possession of the product. The company will not be liable for any reasonable loss or damage suffered as a result of any action by the company under this clause.

7. Warranty

7.1 The company warrants that, if any defect in any workmanship of the company becomes apparent and is reported to the company within 3 days of the date of delivery, the company will either, at its sole discretion, replace or remedy the workmanship.
7.2 The conditions applicable to the warranty given by clause 7.1 are:
7.3 the warranty shall not cover any defect or damage which may have been caused or partly caused by, or arised through: failure on the part of the client to properly maintain any product; or failure on the part of the client to follow any instructions or guidelines provided by the company; or any use of any product of services rendered by the company, otherwise than for any application specified on a quote or other form of writing; or the continued use of any product after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or (e) fair wear and tear or any natural disaster.
7.4 the warranty shall cease and the company shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the company’s consent;
7.5 in respect of all claims, the company shall not be liable to compensate the client for any delay in either replacing or remedying the workmanship or in property assessing the client’s claim.
7.6 The warranty for goods used by the company in rendering the services, shall be the current warranty provided by the manufacturer of the goods. The company shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the goods.

8. Cancellation

The company may cancel any agreement to which these terms and conditions apply at any time before the commencement of services by giving written notice to the client. On giving such notice the company shall repay to the client any sums paid in respect of the price quoted. The company shall not be liable for any loss or damage whatever arising from such cancellation.

9. Privacy Act 1993

9.1 The client authorises the company to:
9.2 collect, retain and use any information about the client for the purpose of assessing the client’s creditworthiness or marketing products and services to the client; and
9.3 disclose information about the client, whether collected by the company from the client directly or obtained by the company from any other source, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the client.
9.4 The client shall have the right to request the company for a copy of the information about the client retained by the company and the right to request the company to correct any incorrect information about the client held by the company.

10. General

10.1 If any provision of these terms and conditions is invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provision shall not be affected, prejudiced or impaired.
10.2 The company shall be under no liability whatever to the client for any indirect loss and/or expense, including loss of profit, suffered by the client arising out of a breach by the company of these terms and conditions.
10.3 In the event of any breach of this contract by the company, the remedies of the client shall be limited to damages which under no circumstances shall exceed the price of the services as quoted by the company.
10.4 The client shall not be entitled to set off against or deduct from the price, any sums owed or claimed to be owed to the client by the company.
10.5 The company my license or sub-contract all or any part of its rights and obligations without the client’s consent.
10.6 The company reserves the right to review these terms and conditions an any time. If, following any such review there is to be any changes to these terms and conditions, that change will take effect from the date on which the company notifies the client of such changes.
10.7 Neither party shall be liable for any default due to a natural disaster, terrorism, strike, lockout, fire, pandemic or any other event beyond the reasonable control of either party.
10.8 The failure by the company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the company’s right to subsequently enforce that provision.

Terms and Conditions of Trade