TERMS OF TRADE – SWIMMING POOL SHOP LTD TRADING AS SWIMMING POOL SHOP
Terms means these Terms and Conditions of Trade.
These Terms of Trade apply to all transactions
Goods means all Goods supplied from time to time by Swimming Pool Shop to the Customer, that are described in any one or more of the relevant order forms, packing slip or invoice (or its equivalent, whatever called) relating to those Goods, on the basis that each such order form, packing slip or invoice (or its equivalent) shall be deemed to be incorporated in, and form part of these Terms.
Services means Services supplied from time to time by Swimming Pool Shop to the Customer under a contract/agreement for, or in relation to, the performance of work (including work of a professional nature), whether with or without the supply of Goods..
1. Swimming Pool Shop agrees to supply the Goods and Services to the Customer as specified.
2. The Customer has read and accepts this contract and acknowledges that any right of cancellation, addition, deletion, amendment, waiver or variation of these Terms by Swimming Pool Shop will only be effective if given in writing by a Swimming Pool Shop authorised person. If Swimming Pool Shop waives any of these Terms, the waiver will not affect Swimming Pool Shop rights under these Terms for any future purchases, unless otherwise stated.
3. Unless otherwise agreed in writing all freight, insurance, delivery and travel charges will be additional to any price quoted. Unless otherwise agreed in writing any quoted price may be altered prior to delivery of Goods and/or Services to the Customer. Swimming Pool Shop may withdraw any quotation before it is accepted. Unless otherwise agreed in writing, any quotation will lapse 30 days after it is given, without notice. All prices and charges are GST inclusive.
4. The price for Goods will be either as quoted to the Customer in writing or, if no written quote is provided, pursuant to Swimming Pool Shop standard charges applying at the time.
5. The Customer shall pay all amounts for Goods and/or Services supplied or invoiced, on the 20th of the month following the date of any invoice issued by Swimming Pool Shop for such Goods and/or Services (“the due date”).
6. The Customer will pay late payment charges to Swimming Pool Shop on all monies unpaid by the due date and will pay all costs incurred by Swimming Pool Shop in recovery of any Goods or monies subsequent to default by the Customer. The rate of late payment charges shall be 5% per month from the date of default being the due date or the date upon which any cost of recovery is incurred. Such late payment charges shall be calculated daily and compounded monthly from the date of default until payment in full shall be received. The charging of late payment charges does not imply the granting of any extension of credit.
7. (a) When the Customer is in default, any monies received by Swimming Pool Shop shall be applied firstly in payment of late payment charges due, secondly in payment of recovery costs and the residue applied in reduction of the original invoice debt.
(b) If for any reason Swimming Pool Shop have to resell Goods ordered by the Customer the Customer shall pay and/or indemnify Swimming Pool Shop for all repossession, storage, resale (including any shortfalls including total loss sustained between the sale price to the Customer and the resale to a third party) and legal costs incurred and all costs of recovery as above.
RETURN OF GOODS FOR CREDIT
8. Any return of Goods for credit must be within 10 days of the Customer’s receipt of those Goods. Unless otherwise agreed by Swimming Pool Shop, any credit for returned Goods is subject to the Goods being in resalable condition.
SWIMMING POOL SHOP LIMITED RIGHT OF CANCELLATION
9. Swimming Pool Shop will have the right to cancel all or any part of any contract with the Customer, in addition to its other remedies, in the following circumstances: - If any amounts payable by the Customer to Swimming Pool Shop are overdue, or if the Customer becomes, or is likely to become bankrupt.
10. The Customer may not cancel any order for Goods or Services or part of it without Swimming Pool Shop’s written notice. If the Customer does so, in addition to any other rights Swimming Pool Shop may have, Swimming Pool Shop may retain any deposit paid.
11. Where the Customer uplifts the Goods from Swimming Pool Shop premises, the Customer agrees to comply with all manufacturer/supplier requirements for the safe and proper transportation of the Goods
12. Although Swimming Pool Shop shall use its best endeavour to deliver in accordance with any time specified by the Customer, Swimming Pool Shop will not be liable to the Customer or any party for any loss sustained due to any delay in delivery and Swimming Pool Shop reserves the right to cancel delivery of the Goods or such instalments thereof without prejudice to its rights to recover all sums owing to it in respect of deliveries already made.
13. If the Goods are ready for delivery on the date specified by the order of the Customer and the Customer does not take delivery when requested by Swimming Pool Shop to do so, Swimming Pool Shop will have the right to invoice the Customer for payment in accordance with Condition 5. Risk in the Goods shall pass from Swimming Pool Shop to the Customer when the Goods are delivered.
RISK AND TITLE
14. Title in any Goods supplied by Swimming Pool Shop shall remain with Swimming Pool Shop until full payment for all monies owing by you (“the Customer”) to us (“Swimming Pool Shop”) have been made.
(a) If the Customer sells the Goods while monies remain owing to Swimming Pool Shop the proceeds of such sale shall be held on trust for Swimming Pool Shop and immediately paid to Swimming Pool Shop to cover the amount outstanding.
(b) Give us not less than 14 days prior written notice of any proposed change in your name, address and contact details.
15. The liability of Swimming Pool Shop which includes its directors, shareholders and employees is limited to the value of the contract as a maximum or to the value of the individual failed product or service whichever is lower
16. Swimming Pool Shop which includes its directors, shareholders, employees and subcontractors accept no liability for any direct or indirect consequential damages or losses.
WARRANTIES AND GUARANTEES
17. Where applicable, Goods shall be supplied with manufacturer warranties. The provisions of the Consumer Guarantees Act 1993 will apply
18. Warranties do not extend to loss caused by normal wear and tear, fire, theft, vermin or insect infestation.
19. Warranties do not cover for damage caused by the incorrect operation or not following the operation instructions for the product
20. Warranties do not cover for damage or loss due to improper installation by the client or third party or for damage arising from the failure to correctly maintain or clean the product
21. Warranties do not cover in the event of incorrect voltage or non-authorised electrical connections or use of non authorised/non-standard parts
22. Warranties do not cover in the event the client has attempted to repair or undertaken or caused the undertaking of repair or other work to be carried out on the product other than by Swimming Pool Shop.
23. Warranty does not cover service costs in replacing and maintaining consumable parts which have ceased working through normal wear and tear.