Disclaimer-Terms & Conditions
This website is provided “as is” without any representations or warranties, express or implied. UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading (although we do make every attempt to be correct).
Nothing on this website constitutes, or is meant to constitute, advice of any kind. (If you require financial or legal advice, you should consult an appropriate professional.)
LIMITATIONS OF LIABILITY
UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, liability in respect of any:
• fraud or fraudulent misrepresentation on the part of UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281; or
• matter which it would be illegal or unlawful for UNDER CONSTRUCTION PROJECTS a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, do not use this website.
You accept that, as a limited liability entity, UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
TERMS AND CONDITIONS OF SALE AND INSTALLATION
1. CONSTITUTION OF CONTRACT
1.1 These terms and conditions constitute the entire contract between UNDER CONSTRUCTION PROJECTS, a division of Swanies Plumbing Supplies Pty LTD Reg:2013/147571/07 VAT:4160264281 (hereinafter referred to as “the Company”) and may be varied only in writing and signed by the purchaser and a duly authorized manager of the Company.
1.2 Acceptance of the Company`s offer by the Purchaser shall be by:
1.2.1 The signature of the Purchaser on the quotation form, or
1.2.2 By email – official order to the Company stating the quotation number, the items accepted and the value of these items, or
1.2.3 By paying a deposit as stated on the quotation indicates acceptance of the terms and conditions
1.3 The Purchaser accepts that it shall not be entitled to cancel the quotation once it has been accepted by means 1.2.1; 1.2.2; 1.2.3 . An accepted quotation constitutes acceptance of a valid contract.
2. PRICES AND DISCOUNT
2.1 The goods/services are sold by the Company to the Purchaser at the price quoted in the Company`s quotation (the “Contract Price”). The Contract Price is inclusive of VAT.
2.2 The Contract Price shall remain firm for acceptance for a period of 14 days thereafter the Company reserves the right to increase same.
2.3 Any deviation from the quotation specifications will be charged for, as will any delays or disruptions that may occur which are directly or indirectly caused by the Customer, the Customer’s family, employees and/or employers, associates, contractors and/or sub-contractors, body corporates and tenants.
2.4 The Company may allow discounts, alternatively rebates, as specifically agreed upon provided that such discounts or rebates shall not be allowed on any goods where payment for the same is overdue.
3. PAYMENT AND INTEREST
3.1 Unless otherwise agreed in writing, payment of the Contract Price shall be made in three payments, namely a deposit of 60% upfront, and the balance of 40% due within 24 hours of completion.
3.2 In the event of an insurance claim, unless agreed to by the Company, a deposit will still be required, and the Customer will effect payment. Clause 3.1 applies.
3.3 In the event of the Purchaser failing to make payment, an interest of Prime overdraft lending rates by the Company`s bankers will apply, calculated monthly in advance on the reducing balance.
3.4 The Purchaser shall not be entitled to withhold payment of any monies due to the Company, in terms of the contract, in the event of a dispute arising between parties.
4. DELIVERY AND INSTALLATION
4.1 Time shall not be the essence of the contract. The Purchaser acknowledges that the time of delivery is dependent on the availability of goods/materials/amenities & access to the property. Any delivery/installation date stipulated is an approximate date only. The Company shall not be bound by that date, but will make reasonable efforts to deliver/install the goods by the date that is stipulated, and the Company will deliver/install the goods as soon as practically possible.
4.2 Any electrical power/water required for the installation of the goods shall be provided by the Purchaser to the Company on request, and free of charge.
4.3 The Company shall in no way be liable in the event that the electrical power installation, relating to the goods, does not conform to Municipal Regulation.
4.4 If, whilst installing the goods, the Company, in its sole discretion and absolute discretion, considers that the structure/material in question or any portion thereof, or location or on site circumstance is not suitable for such installation whether by reason of inferior timber, plaster or brickwork or for any reason whatsoever, the Company may call upon the Purchaser to remedy the position at the latter`s sole cost and expense – before any further work can continue.
4.5 If the Purchaser is unable to attend a set appointment, off-site meeting or on-site meeting the Company requires 24 hours’ notice. Failure to give the required notice will result in you being charged a call out fee. If the Purchaser fails to attend an appointment without giving due notice, the Company will charge a callout fee and require payment of the fee before work commences.
5. RISK AND OWNERSHIP
5.1 All risk of loss, deterioration and destruction of the goods shall pass to the Purchaser on delivery thereof.
5.2 Ownership of the goods shall remain vested in the Company and shall, notwithstanding the fact that the goods have been permanently affixed to any building or structures, only pass to the Purchaser on full payment of the contract price.
5.3 Should the Purchaser fail and /or refuse to take delivery of the goods when delivery thereof has been tendered by the Company, then:
5.3.1 The risk in the said goods shall immediately pass to the purchaser; and
5.3.2 The Purchaser shall be liable for the reasonable storage costs of such goods.
5.4 The Company shall not be liable to the Purchaser for any damages which may be caused to any premises by any reason of the removal and/or repossession of the goods by the Company as aforesaid.
6.1 The Company guarantees that all goods supplied by it, if ordered by description and/or specification, shall correspond to that description and/or specification.
6.2 The Company shall, subject to these terms and conditions, and for a period of 12 months (3 months on site and 9 months defective materials only) calculated from the date of delivery, rectify any defects in the installation where such defect is due to faulty and/or defective materials, on receipt of written notice to this effect. A call out fee will be charged after the 3 month on site guarantee has lapsed, such rectification to be carried out during normal working hours.
6.3 All repairs carried out by the Company will carry a 90-day guarantee on the replaced parts/materials only.
6.4 The guarantee referred to in 6.1, 6.2 and 6.3 above, shall be of no force and effect in the event that:
6.4.1 The Purchaser has failed to make timeous payment for the goods supplied and service rendered; or
6.4.2 The installation of the goods themselves have been worked on or in any way tampered with by any person or persons other than the Company or its duly authorized agents.
6.5 The following items are expressly excluded from the guarantees referred to in 6.1, 6.2 and 6.3 above
6.5.1 The warping, shrinking or swelling of timber products.
6.5.2 Damage to or the malfunction of automatic operators supplied by the Company as a result of the mechanical failure or otherwise of existing mechanism(s) not supplied by the Company.
6.5.3 Transmitter batteries, 12 volt and 24 volt wet cell batteries and globes for courtesy lights supplied with radio controlled door and automatic gate equipment.
6.6 No representations or warranties made by the Company, its agents or employees to the Purchaser shall be binding on the Company unless reduced to writing and signed by the Purchaser and a duly authorized manager of the Company.
7. LIMITATION OF LIABILITY
7.1 Neither the Company or any of its officers, employees, agents or distributors shall be liable for any loss or damage , whether direct or indirect, consequential or otherwise suffered by the Purchaser, his family and invitees arising from any cause in connection with the delivery and installation of goods/services (including without limitation, any act, omission, neglect or default on the part of the Company`s employees) whether such loss or damage results from breach of contract, negligence or any other cause without limitation.
7.2 The Company shall take every care during the carrying out of the installation but shall not be liable for incidental damages sustained as a result of goods installed and damages to structures and other “below the surface”, defects, unbeknown to the Company.
8.1 Should the Purchaser breach any of these terms and conditions, the Company shall, at its election and without prejudice to any rights which it may have in law, have the right to:
8.1.1 Cancel the contract forthwith, without notice to the Purchaser, remove and repossess the goods and recover all damages which the Company may have suffered consequent upon such cancellation; or
8.1.2 Abide by the contract and recover from the Purchaser payment of the balance of the Contract. The price then outstanding shall immediately become due and payable.
9. ATTORNEY AND OWN CLIENT COSTS
The Purchaser shall pay all legal costs incurred by the Company on an attorney and own client basis including collection and tracing agent fees, should the Company take legal action against the Purchaser for the enforcement of any of its rights.
10.1 No contract shall be concluded between the Company and the Purchaser unless same is reduced to writing on the Company`s official stationery, made subject to these terms and conditions and signed by a duly authorized representative of the Company. Payment of a quote constitutes acceptance, and hence a contract.
10.2 Notwithstanding that the terms and conditions contained in the Purchaser`s order may differ from the terms and conditions herein contained, the conditions herein contained shall be terms and conditions of the contract between the parties.
10.3 If any of the terms and conditions herein contained shall be invalid, the same shall not invalidate the remainder of the contract.
10.4 The Company in its sole and absolute discretion may appropriate any payment made by the Purchaser to any cause of indebtedness as may be owned by the Purchaser to the Company.
10.5 No concession, latitude or indulgence allowed by the Company to the Purchaser shall be construed as a waiver or abandonment of any of its rights hereunder, or act as any estoppels against the Company.
10.6 Acceptance of Company contracts or quotations includes acceptance of the Company’s Terms & Conditions.