PREMIER LIFTS PTY LTD (ACN 132 101 510)
TRADING TERMS AND CONDITIONS FOR MODERNISATION & INSTALLATION
1. DEFINITIONS
1.1. The Supplier is Premier Lifts Pty Ltd (ACN 132 101 510) of Unit 1/19 Raptor Pl, South Geelong VIC 3220 in the State of Victoria.
1.2. The Customer includes any person engaging the Supplier on behalf of and with the authority of the person or entity that the Order is provided for.
1.3. The Order is defined as any request for the supply of Goods by the Customer to the Supplier which has been accepted by the Supplier.
1.4. The Goods are the home lifts, residential lifts, low rise commercial lifts and dumbwaiters supplied by the Supplier.
1.5. The Services are the modernisation, installation and associated works associated with the Supplier’s provision of the Goods to be carried out at the Premises, including any advice or recommendations given.
1.6. The Premises are the land or land and buildings where the Services are to be carried out, or which are the subject of the Services to be performed.
1.7. Any Reference to “loss and damage” includes indirect, reliance, special or consequential loss and/or damage including i) any loss of income profit or business; ii) any loss of good will or reputation; iii) any loss of value of intellectual property.
1.8. Major failure is as defined under the Competition and Consumer Act 2010 (Cth).
1.9. A reference to “GST” refers to goods and services tax under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
2. GENERAL
2.1. These terms and conditions together with the Supplier’s quotation (if any) constitute the agreement between the Supplier and the Customer (“the agreement”).
2.2. Any Order is deemed to incorporate these terms and conditions; which may not be varied unless expressly agreed to by the parties in writing. In the event that an inconsistency exists and/or arises between these terms and the Order it is acknowledged between the parties that these terms and conditions will prevail.
2.3. The terms and conditions are binding on the Customer, and the Customer’s heirs, assignees, executors, trustees and where applicable, any liquidator, receiver or administrator.
2.4. In these terms and conditions, the singular shall include the plural, the neuter gender shall include the masculine and feminine and words importing persons shall apply to corporations and vice versa.
2.5. Where more than one Customer completes this agreement, each shall be liable jointly and severally.
2.6. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the offending provision shall be deemed as severed from these terms and conditions.
2.7. The Supplier may license or sub-contract all or any part of its rights and obligations without the Customer’s consent but the Supplier acknowledges that it remains at all times liable to the Customer in accordance with the terms herein.
2.8. The failure by a party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision.
2.9. The Customer acknowledges that the Supplier may detail these terms and conditions on its website. In this event, the terms and conditions on the Supplier’s website shall apply to any future dealings as between the parties and the Customer is deemed to have notice of any such terms and conditions and/or amendments.
3. QUOTATIONS AND PLACEMENT OF ORDERS
3.1. Any quotation for the supply of Goods and Services given by the Supplier will expire after thirty (30) days.
3.2. The Supplier does not represent that it will provide any Goods and Services unless such Goods and Services are included in the quotation or the Order.
3.3. As a condition of acceptance, the Supplier may require the payment of a deposit in respect of the Price of the Goods and Services and in this event the Supplier may not be deemed to have accepted the Customer’s request for the Goods and Services unless or until such deposit has been paid.
3.4. As a condition of acceptance, the Supplier may require payment of the Price by interim or progress payments made at specified intervals or stages in the completion of the Goods and Services.
3.5. All prices quoted or advertised by the Supplier are based on taxes and statutory charges current at that time. Should these vary during the date of the Order to the date of the invoice, the difference will become the responsibility of the Customer and the Customer will be invoiced for the extra charge by the Supplier.
4. PRICE
4.1. GST will be charged on the Goods and Services provided by the Supplier that attract GST at the applicable rate.
4.2. At the Supplier’s sole discretion, the Price shall be either:
4.2.1. The Supplier’s quoted or advertised Price for the Order; or
4.2.2. As detailed on invoices provided by the Supplier to the Customer in respect of Goods supplied.
5. PROVISION OF THE GOODS AND SERVICES
5.1. The Supplier reserves its right to:
5.1.1. Decline requests for the supply of any Goods and Services requested by the Customer;
5.1.2. Cancel or postpone the delivery of the Goods at its discretion.
5.2. Unless specified to the contrary in the quotation or the Order, the Supplier does not warrant that it will be capable of delivering the Goods and/or providing the Services on a specific day or at a specific time requested by the Customer.
5.3. Subject to otherwise complying with its obligations the Supplier shall exercise its independent discretion as to its most appropriate and effective manner of delivering the Goods to the Customer, of providing the Services to the Customer, and of satisfying the Customer’s expectations of those Goods and Services.
5.4. The Customer grants full access to the Supplier and its servants and agents to the Premises and shall ensure a supply of electricity (at no cost) to enable the Supplier to carry out the Services.
5.5. The Customer warrants that it is either the owner of the Premises or is acting with the express authority of the Owner and the Customer indemnifies and will continue to indemnify the Supplier in respect of this warranty; including any claim for loss and damage by the owner of the Premises against the Supplier.
5.6. The Customer warrants that it will accept the Goods and facilitate the provision of Services from the Supplier as soon as practicable.
5.7. In the event that the Customer is unprepared or unable to take delivery of the Goods within a period of thirty (30) days from the time the Supplier expresses its intention to deliver the Goods, the Supplier reserves its right to charge the Customer storage fees for each additional week the Goods remain in the Supplier’s possession.
5.8. In accordance with paragraph 5.7. the Supplier reserves its right to charge storage fees as follows:
5.8.1. Classic Lift – $150.00 per week;
5.8.2. Impro Plus Lift – $150.00 per week; and
5.8.3. Commercial Lift – $200.00 per week.
5.9. In the event that the Supplier is unable to complete the installation of the Goods within the agreed period and/or by an agreed date due to circumstances beyond the Supplier’s control, the Supplier is not bound by the installation costs in the initial quotation and reserves its right to issue an updated quotation to the Customer in respect of those charges.
6. PAYMENT AND CREDIT POLICY
6.1. Customers must make interim or progress payments to the Supplier in accordance with the payment schedule stipulated in the Supplier’s Quotation, unless otherwise specified or agreed between the parties in writing.
6.2. Customers must make full payment to the Supplier within thirty (30) days from the date of issue of the Supplier’s invoices for the Services, unless otherwise specified or agreed between the parties in writing.
Customer’s Privacy
6.3. The Customer agrees:
6.3.1. For the Supplier to obtain from a credit reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
6.3.2. That the Supplier may exchange information about the Customer with those credit providers either named as trade referees by the Customer or named in a consumer credit report issued by a credit reporting agency.
6.3.3. The Customer consents to the Supplier being given a consumer credit report to collect overdue payment on commercial credit (pursuant to the Privacy Act 1988).
7. DEFAULT
7.1. In this clause the “default date” is:
7.1.1. The day after the date of provision of the Goods and Services to the Customer; or
7.1.2. The day after the date by which payment of the Supplier’s invoice(s) was due to be made by the Customer to the Supplier.
7.2. In this clause the “outstanding balance” is:
7.2.1. The Price of the Order, less any payments made by the Customer prior to the default date; or
7.2.2. The sum of the Supplier’s invoices to the Customer less any payments made by the Customer prior to the default date.
7.3. The Customer will be liable for a dishonoured cheque fee of $40.00 for each cheque issued by the Customer and rejected by the Supplier’s bank.
7.4. A signed statement from a duly authorised representative stating the amount due by the Customer is sufficient proof of the amount owing by the Customer to the Supplier unless proven otherwise by the Customer.
7.5. If the Supplier does not receive the outstanding balance by the default date the Customer will be liable for:
7.5.1. Interest on the outstanding balance from the default date at the rate of twelve per centum (12%) per annum calculated on a daily basis;
7.5.2. An account keeping fee of $15.00 to be charged at the end of each calendar month after the default date until the outstanding balance has been paid;
7.5.3. Any debt collection or recovery costs incurred by the Supplier; and if the Supplier’s debt collection agency (“the agency”) charges commission on a contingency basis then the Customer shall pay as a liquidated debt the commission payable by the Supplier to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery and the following formula shall apply:
| Total Debt including Commission and GST = | Original Debt x 100 |
| 100 – Commission % charged by the agency (including GST) |
(n.b. in the event where the agency is Prushka Fast Debt Recovery the applicable commission rate for the amount unpaid is as detailed on www.prushka.com.au).
7.5.4. Any charges reasonably made or claimed by the Supplier’s or the agency’s lawyer for legal costs on the indemnity basis.
8. RISK AND LIABILITY
8.1. The Customer will ensure when placing Orders that there is sufficient and accurate information to enable the Supplier to execute the Order, including, but not limited to advising or providing plans detailing any concealed easements, pipes or wiring and the like to the Supplier.
8.2. The Supplier takes no responsibility if the specifications provided by the Customer are wrong or inaccurate and the Customer will be liable in that event for the expenses incurred by the Supplier for any work required to rectify the Order.
8.3. The Supplier takes no responsibility and will not be liable for any loss and damage or costs as a result of the Goods and/or Services being faulty or not fit for purpose due to insufficient or inaccurate information provided by the Customer.
8.4. The Customer accepts all risk in relation to the Goods when the Goods pass into the Customer’s care or control.
8.5. In accordance with paragraph 8.4., the Customer warrants that it will keep the Goods secure and shall affect whatever insurance cover is required over the Goods at his or her own expense.
8.6. The Supplier shall not be liable for and the Customer releases the Supplier from any loss and damage incurred as a result of delay, or failure to provide the Goods and Services or to observe any of these conditions due to an event of force majeure, being any cause or circumstance beyond the Supplier’s reasonable control.
8.7. The Customer warrants that the Premises is in a safe condition for the Supplier’s servants and agents to perform the Services, and the Customer indemnifies and agrees to keep the Supplier indemnified against any and all claims for personal injury and loss and damage arising from or in connection with failing to keep the Premises safe to work in, including but not limited to injury caused by any feature or condition of the Premises, whether or not any such feature or condition is reasonably obvious and whether or not the feature or condition is known to the Customer.
8.8. The Supplier is not liable to provide any insurance cover in relation to the provision of the Services. The Customer is responsible to effect whatever insurance cover required at his or her own expense.
8.9. Subject to the Supplier’s warranty for defective Goods and Services, the Supplier’s liability for any loss and damage associated with, arising from or in connection with the supply of the Goods may not exceed the Price of the Order, including but not limited to personal injury and damage to property.
9. WARRANTY
9.1. The Supplier warrants that the Customer’s rights and remedies in the agreement arising from a warranty against defects are in addition to other rights and remedies under any applicable law in relation to the goods and services to which the warranty relates.
9.2. The Supplier does not purport to restrict, modify or exclude any liability that cannot be excluded under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) as may be amended from time to time.
Warranty for Goods and Services
9.3. Provided that the Customer reports any defect in any Goods and Services supplied, preferably within fourteen (14) days from the date that the defect became apparent, the Supplier will rectify the defect within a reasonable period of time.
9.4. The Supplier provides the following warranty to Customers in respect of Goods and Services supplied:
“Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
To cancel your service contract with us; and
To a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failure with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.”
9.5. In respect of all claims under warranty, the Supplier reserves it’s right to inspect Goods alleged to be defective.
9.6. To the extent permitted by law the Supplier’s liability in respect of defective Goods that does not constitute a major failure will be limited to:
9.6.1. The resupply by the Supplier of the defective Goods; or
9.6.2. The refund of the Price paid by the Customer in respect of the defective Goods.
9.7. The Supplier shall not be liable to compensate the Customer for any reasonable delay in rectifying Goods found to be defective or in assessing the Customer’s claim.
9.8. The Customer warrants that it will use its best endeavors to assist the Supplier with identifying the nature of the defective Service claim.
Claims made under Warranty
9.9. Claims for warranty should be made in one of the following ways:
9.9.1. The Customer must send the claim in writing to the Supplier’s address PO Box 673 Belmont 3216 in the State of Victoria;
9.9.2. The Customer must email the claim to the Supplier to
9.9.3. The Customer must contact the Supplier on the Supplier’s business number 1300 887 172.
10. SECURITY AND CHARGE
10.1. The Customer hereby charges in favour of the Supplier all his/her estates and interests in real property, including present and future estates or interests, to secure the obligations of the debtor under the agreement.
10.2. The Customer consents to the Supplier lodging a caveat or registering a mortgage over the real property to secure the obligations of the debtor under the agreement.
10.3. The Customer irrevocably appoints the Supplier as the duly constituted attorney of the Customer and to execute in his/her name any documents, including any mortgage of real property or caveat in registrable form.
11. ENTIRE AGREEMENT
11.1. The agreement as defined herein constitutes the whole agreement between the Customer and the Supplier.
11.2. The agreement is deemed to be made in the State of Victoria and all disputes hereunder shall be determined by the appropriate courts of Victoria.
11.3. All prior discussions and negotiations are merged within this document and the Supplier expressly waives all prior representations made by it or on its behalf that are in conflict with any clauses in this document in any way.
11.4. Nothing in these terms and conditions is intended to have the effect of contravening any applicable provisions of the Competition and Consumer Act 2010 (Cth) or the Fair Trading Acts in each of the States and Territories of Australia.