LEGAL PAGE
Terms & Condition
These terms and conditions outline the rules and regulation for the use of Adelaide Bathroom Renovation's website and services.
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OUR TERMS & CONDITION
IN CONSIDERATION PDS Nominees Pty Ltd t/as Adelaide Bathroom Renovations ABN 11 168 690 453 (hereinafter referred to as “ABR”) providing commercial credit facilities to the party completing the application (hereinafter referred to as “the Client”) annexed to these conditions :The Client acknowledges and agrees that the following applies to and forms part of any contract for the supply of Goods and/or Services by ABR and that these General Terms and Conditions take precedence over any terms and conditions which may be contained in any document provided by the Client. Any request from the Client to ABR for the supply of Goods and / or Services shall constitute acceptance of these general terms and conditions.The Client acknowledges that where the Client consists of more than one party or entity, liability shall be joint and several.
1. Privacy
- 1.1The Client agrees for ABR to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications,
credit history) about the Client in relation to credit provided by ABR.1.2 The Client agrees that ABR may exchange information about the Client with those credit providers and with related body
corporates for the following purposes:(a) to assess an application by the Client; and/or(b) to notify other credit providers of a default by the Client; and/or(c) to exchange information with other credit
providers as to the status of this credit account, where the Client is in default with other credit providers; and/or(d) to assess the creditworthiness of the Client including the Client’s repayment history
in the preceding two (2) years.1.3 The Client consents to ABR being given a consumer credit report to collect overdue payment on commercial credit.1.4 The Client agrees that personal credit
information provided may be used and retained by ABR for the following purposes (and for other agreed purposes or required by):(a) the provision of Works; and/or(b) analysing, verifying and/or
checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the
Client; and/or(d) enabling the collection of amounts outstanding in relation to the Works.1.5 ABR may give information about the Client to a CRB for the following purposes:(a) to obtain a consumer
credit report;(b) allow the CRB to create or maintain a credit information file about the Client including credit history.1.6 The information given to the CRB may include:(a) personal information as
outlined in 1.1 above;(b) name of the credit provider and that ABR is a current credit provider to the Client;(c) whether the credit provider is a licensee;(d) type of consumer credit;(e) details concerning
the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);(f) advice of consumer credit defaults, overdue
accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action
commenced or alternatively that the Client no longer has any overdue accounts and ABR has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);(g)
information that, in the opinion of ABR, the Client has committed a serious credit infringement;(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty
dollars ($150).1.7 The Client shall have the right to request (by e-mail) from ABR:(a) a copy of the information about the Client retained by ABR and the right to request that ABR correct any incorrect
information; and (b) that ABR does not disclose any personal information about the Client for the purpose of direct marketing.1.8 ABR will destroy personal information upon the Client’s request (by email) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.1.9 The Client can make
a privacy complaint by contacting ABR via e-mail. ABR will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within
thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at
www.oaic.gov.au.
2. Price and Payment
- 2.1 At ABR’s sole discretion the Price shall be either:(a) as indicated on invoices provided by ABR to the Client in respect of Works performed or Materials supplied; or(b) ABR’s quoted Price (subject to
clause 3.2) which shall be binding upon ABR provided that the Client shall accept ABR’s quotation in writing within sixty (60) days of the date of the quotation.2.2 ABR reserves the right to change the
Price:(a) If a variation to the Materials which are to be supplied is requested; or(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c)
where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limitations to site accessibility, availability of machinery, safety
onsiderations, prerequisite work by a third party not completed or up to suitable standards, or hidden pipes, and wiring in walls, asbestos removal etc) which are only discovered on commencement
of the Works; or (d) In the event of increases to ABR in the cost of labour or Materials which are beyond ABR’s control.2.3 Variations will be charged for on the basis of ABR’s quotation, and will be
detailed in writing, and shown as variations on ABR’s invoice. The Client shall be required to respond to any variation submitted by ABR within ten (10) working days. Failure to do so will entitle ABR to
add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.
3. Default and Consequences of Default
- 3.2.Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of 2.0% per calendar month and interest shall be calculated
monthly at such a rate after as well as before any judgment.3.3 If the Client owes ABR any money the Client shall indemnify ABR from and against all costs and disbursements incurred by ABR in
recovering the debt including but not limited to internal administration fees, collection agent commission, legal costs on a solicitor and own client basis, ABR’s contract default fee, and bank dishonour
fees.3.4 Further to any other rights or remedies ABR may have under this contract, if a Client has made payment to ABR, and the transaction is subsequently reversed, the Client shall be liable for the
amount of the reversed transaction, in addition to any further costs incurred by ABR under this clause 4 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to
the Client’s obligations under this contract.3.5 Without prejudice to ABR’s other remedies at law ABR shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all
amounts owing to ABR shall, whether or not due for payment, become immediately payable if:(a) any money payable to ABR becomes overdue, or in ABR’s opinion the Client will be unable to make a
payment when it falls due;(b )the Client has exceeded any applicable credit limit provided by ABR;(c) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or
enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or (d) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in
respect of the Client or any asset of the Client.
4. Security and Charge
- 4.1 In consideration of ABR agreeing to supply the Materials, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged,
owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
4.2 The Client indemnifies ABR from and against all ABR’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising ABR’s rights under this clause.4.3 The
Client irrevocably appoints ABR and each director of ABR as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 5 including, but not limited
to, signing any document on the Client’s behalf.
5. Title
- 5.1 ABR and the Client agree that ownership of the Materials shall not pass until:(a) the Client has paid ABR all amounts owing to ABR; and (b) the Client has met all of its other obligations to ABR.
5.2 (a) the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to ABR on request.(b) the Client holds the benefit of the Client’s insurance of
the Materials on trust for ABR and must pay to ABR the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.(c) the production of these terms and conditions by ABR
shall be sufficient evidence of ABR’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with ABR to make further enquiries.(d) the Client must not
sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the
Materials then the Client must hold the proceeds of any such act on trust for ABR and must pay or deliver the proceeds to ABR on demand.(e) the Client should not convert or process the Materials or
intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of ABR and must sell, dispose of or return the resulting product to ABR as it so
directs.(f) unless the Materials have become fixtures the Client irrevocably authorises ABR to enter any premises where ABR believes the Materials are kept and recover possession of the Materials.(g)
ABR may recover possession of any Materials in transit whether or not delivery has occurred.(h) The Client will not charge or grant an incumbrance on Materials or give away any interest in the
Materials while they remain the property of ABR.(i) ABR may start proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.
6.Delivery & Risk
- 6.1 If ABR retains ownership of the Materials under clause 5 then:(a) where ABR is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must
insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;(i) the Client or the Client’s nominated carrier takes
possession of the Materials at ABR’s address; or(ii) the Materials are delivered by ABR or ABR’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the
address).6.2 ABR shall not be liable for any loss or damage, including consequential loss or damage, arising from delay in delivery or failure to deliver Goods, either whole or in part, due to
circumstances beyond its control. 6.3 Any times and dates specified for delivery are an estimate only.
8. Jurisdiction
- 8.1 This agreement shall be construed in accordance with laws of the State of South Australia and, where applicable the Commonwealth of Australia and the Client submits to the non-exclusive
jurisdiction of the courts in South Australia. ABR shall have exclusive right to nominate the Court in which any legal action is to be commenced and conducted.
9. Acceptance
- 9.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any
Works.9.2 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other
applicable provisions of that Act or any Regulations referred to in that Act.
10. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
- 10.1 The Client must inspect all Materials on delivery (or the Works on completion) and must within seven (7) days of delivery notify ABR in writing of any evident defect/damage, shortage in quantity,
or failure to comply with the description or quote. The Client must notify any other alleged defect in the Materials/Works as soon as reasonably possible after any such defect becomes evident. Upon
such notification the Client must allow ABR to inspect the Materials or to review the Works provided.10.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the
CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded
Guarantees).10.3 ABR acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.10.4 Except as expressly set out in these terms and
conditions or in respect of the Non-Excluded Guarantees, ABR makes no warranties or other epresentations under these terms and conditions including but not limited to the quality or suitability of the
Materials/Works. ABR’s liability in respect of these warranties is limited to the fullest extent permitted by law.10.5 If the Client is a consumer within the meaning of the CCA, ABR’s liability is limited to
the extent permitted by section 64A of Schedule 2.10.6 If ABR is required to replace any Materials under this clause or the CCA, but is unable to do so, ABR may refund any money the Client has paid
for the Materials.10.7 If ABR is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then ABR may refund any money the Client
has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
10.8 Notwithstanding clauses 10.1 to 10.7 but subject to the CCA, ABR shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:(a) the Client failing
to properly maintain or store any Materials;(b) the Client using the Materials for any purpose other than that for which they were designed;(c) the Client continuing to use any Materials after any
defect became apparent or should have become apparent to a reasonably prudent operator or user;(d) interference with the Works by the Client or any third party without ABR’s prior approval;(e) the
Client failing to follow any instructions or guidelines provided by ABR;(f) fair wear and tear, any accident, or act of God 10.11 ABR may in its absolute discretion accept non-defective Materials for return
in which case ABR may require the Client to pay a re-stocking and handling fee of up to 25% of the value of the returned Materials plus any freight costs.10.12 Notwithstanding anything contained in
this clause if ABR is required by a law to accept a return then ABR will only accept a return on the conditions imposed by that law
11. Force Majeure
- Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party