Terms & Conditions of Trade
1. Definitions –
1.1 “Precision Plumbing” shall mean Precision Plumbing 2010 Ltd, its successors & assigns or any persons acting on behalf of & with the authority of Precision Plumbing 2010 Ltd.
1.2 “Customer” shall mean the Customer, or any person acting on behalf of and with the authority of the Customer, or any person purchasing products & services from PRECISION PLUMBING.
1.3 “Products” shall mean:
1.3.1 “All products of the general description specified on the front of this agreement &
1.3.2 All Products supplied by PRECISION PLUMBING to the Customer; &
1.3.3 All inventory of the Customer that is supplied by PRECISION PLUMBING; and
1.3.4 All Products supplied by PRECISION PLUMBING and further identified in any invoice issued by PRECISION PLUMBING to the Customer, which invoices are deemed to be incorporated into and form part of this agreement; and
1.3.5 All Products that are marked as having been supplied by PRECISION PLUMBING or that are stored by the Customer in a manner that enables them to be identified as having been supplied by PRECISION PLUMBING; and
1.3.6 All of the Customer’s present and after-acquired Products that PRECISION PLUMBING has performed work on or to or in which goods or materials supplied or financed by PRECISION PLUMBING have been attached or incorporated.
1.3.7 The above descriptions may overlap but each is independent of and does not limit the others.
1.4 “Products & Services” shall mean all products, services, goods & advice provided by PRECISION PLUMBING to the Customer & shall include without limitation all plumbing services & the supply of associated with the supply of Products & Services by PRECISION PLUMBING to the Customer.
1.5 “Price” shall mean the cost of the Products & Services as agreed between PRECISION PLUMBING & the Customer and includes all disbursements eg: charges PRECISION PLUMBING pay to others on the Customer’s behalf subject to clause 4 of this contract.
2. Acceptance – Any instructions received by PRECISION PLUMBING from the customer for the supply of Products & Services shall constitute a binding contract & acceptance of the terms & conditions contained herein.
3. Collection & Use of Information –
3.1 The Customer authorises PRECISION PLUMBING to collect, retain & use any information about the Customer, for the purpose of assessing the Customer’s credit worthiness, enforcing any rights under this contract, or marketing any Products and Services provided by PRECISION PLUMBING to any other party.
3.2 The Customer authorises PRECISION PLUMBING to disclose any information obtained to any person for the purposes set out in clause 3.1
3.3 Where the Customer is a natural person the authorities under clauses 3.1 and 3.2 are authorities for the purpose of the Privacy Act 1993.
4.1 Where no price is stated in writing or agreed to orally the Products and Services shall be deemed sold at the current amount as such Products & Services are sold by PRECISION PLUMBING.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products & Services that is beyond the control of PRECISION PLUMBING between the date of the contract and delivery of The Products & Services.
5.1 Payment for Products & Services shall be made in full on or before 7 days from date of invoice
5.2 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
5.3 Any expenses, disbursements and legal costs incurred by PRECISION PLUMBING in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable payment is paid in full.
6.1 Where a quotation is given by PRECISION PLUMBING for Products & Services
6.1.1 Unless otherwise agreed the quotation shall be valid for twenty (20) days from the date of issue
6.1.2 The quotation shall be exclusive of goods and service tax unless specifically stated to the contrary
6.1.3 PRECISION PLUMBING reserves the right to alter or withdraw the quotation at any time before acceptance.
6.1.4 Your acceptance of our quotation/offer must be confirmed in writing prior to commencement of work
6.1.5 Once our quotation/offer has been accepted, no variation to the scope of work or to these terms & conditions shall be varied unless agreed in writing.
7.1 The Customer authorises PRECISION PLUMBING to contract either as principal or agent for the provision of Products & Services that are the matter of this contract.
7.2 Where PRECISON PLUMBING enters into a contract of the type referred to in clause 7.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
8. Title and Security (Personal Property Securities Act 1999)
8.1 Title in any Products & Services supplied by PRECISION PLUMBING passes to the Customer only when the Customer has made payment in full for all Products and Services provided by PRECISION PLUMBING and of all other sums due to PRECISION PLUMBING by the Customer on any account whatsoever. Until all sums due to PRECISION PLUMBING by the Customer have been paid in full, PRECISION PLUMBING has a security interest in all Products & Services.
8.2 If the Products and Services are attached, fixed, or incorporated into any property of the Customer. By way of any manufacturing or assembly process by the Customer or any third party, title in the Products and Services shall remain with PRECISION PLUMBING until the Customer has made payment for all Products and Services, and where those Products and Services are mixed with other property so as to be part of or a constituent of any new Products and Services, title to these new Products and Services shall deemed to be assigned to PRECISION PLUMBING as security for the full satisfaction by the Customer of the full amount owing between PRECISION PLUMBING and Customer.
8.3 The Customer gives irrevocable authority to PRECISION PLUMBING to enter any premises occupied by the Customer or on which Products and Services are situated at any reasonable time after default by the Customer or before default if PRECISION PLUMBING believes a default is likely and to remove and repossess any Products & Services and any other property to which Products & Services are attached or in which Products & Services are incorporated. PRECISION PLUMBING shall not be liable for any costs, damages, expenses or losses incurred by the Customer or any third party as a result of this action, nor liable in contract or in tort or otherwise in any way whatsoever unless by statue such liability cannot be excluded. PRECISION PLUMBING may either resell any repossessed Products & Services and credit the Customer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling & other costs) or may retain any repossessed Products & Services and credit the Customer’s account with the invoice value thereof less such sum as PRECISION PLUMBING reasonably determines on account of wear and tear, depreciation, obsolescene, loss or profit and costs.
8.4 Where Products & Services are retained by PRECISION PLUMBING pursuant to clause 8.3 the Customer waives the right to receive notice under s.120 of the Personal Property Securities Act 1999 (‘PSPSA’) and to object under s.121 of the PPSA
8.5 The following shall constitute defaults by the Customer:
8.5.1 Non payment of any sum by the due date.
8.5.2 The Customer intimates that it will not pay any sum by the due date.
8.5.3 Any Products & Services are seized by any other credits of the Customer or any other creditor intimates that it intends to seize Products & Services.
8.5.4 Any Products and Services in the possession of the Customer are materially damaged while any sum due from the Customer to PRECISION PLUMBING remains unpaid.
8.5.5 The Customer is bankrupted or put into liquidation or a receiver is appointed to any of the Customer’s assets or a landlord distains against any other Customer’s assets.
8.5.6 A court judgement is entered against the customer and remains unsatisfied for seven (7) days.
8.5.7 Any material adverse change in the financial position of the Customer.
8.6 If the Credit Repossession Act applies to any transaction between the Customer and PRECISION PLUMBING, the Customer has the rights provided in that Act despite anything contained in these terms and conditions of trade.
9. Security Interest for Service Providers
9.1 The Customer gives PRECISION PLUMBING a security interest in all of the Customer’s present and after-acquired property that PRECISION PLUMBING has performed services on or to or in which goods or materials supplied or financed by PRECISION PLUMBING have been attached or incorporated.
1o. General Lien
10.1 The Customer agrees that PRECISION PLUMBING may exercise a general lien against any Products and Services or property belonging to the Customer that is in the possession of PRECISION PLUMBING for all sums outstanding under this contract and any other contract to which the Customer and PRECISION PLUMBING are parties.
10.2 If the lien is not satisfied within seven(7) days of the due date PRECISION PLUMBING may, having given notice of the lien as its option either
10.2.1 Remove such Products and Services and store them in such a place and in such a manner as PRECISION PLUMBING shall think fit and proper and at the risk and expense of the Customer or
10.2.2 Sell such Products and Services, or part thereof upon such terms as it shall think fit and apply the proceeds in or towards discharge of the lien and costs of sale without being liable to any person for damage caused.
11.1 No claim relating to Products and Services will be considered unless made within seven (7) days of delivery.
11.2 If any dispute or difference arises in connection with work done or payment claimed by us, or any other matter pertaining to business between us and you, we or you shall refer the dispute to adjudication in terms of Part 3 of the Construction Contracts Act 2003(CCA), or to the Master Plumbers Association of which we are a member for settlement through that Association’s Disputes Procedure. For the purpose of s.33(1)(c) of the CCA, the Master Plumbers Association shall be the nominating body.
12.1 The Consumer Guarantee Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon PRECISION PLUMBING which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions, or terms imposed on PRECISION PLUMBING, PRECISION PLUMBING’S liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statue.
12.2 Except as otherwise provided by clause 12.1 PRECISION PLUMBING to the Customer, including consequential loss whether suffered or incurred by the Customer or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products and Services provided by PRECISION PLUMBING to the Customer; and
12.2.2 The Customer shall indemnify PRECISION PLUMBING against all claims and loss of any kind whatsoever however caused or arising as a result of the negligence of PRECISION PLUMBING or otherwise, brought by any person in connection with any matter, act, omission, or error by PRECISION PLUMBING its agents or employees in connection with the Products and Services.
12.3 If, contrary to the disclaimer of liability contained in these terms and conditions of trade, PRECISION PLUMBING is deemed to be liable to the Customer, following and arising from the supply of Services by it to the Customer, then it is agreed between PRECISION PLUMBING and the Customer that such liability is limited in its aggregate to $50,000.
13.1 Manufacturer’s warranty applies where applicable.
14. Consumer Guarantees Act
14.1 The guarantees contained in the Consumer Guarantees Act 1993 are excluded where The Customer acquires Products and Services from PRECISION PLUMBING for the purpose of a business in terms of section 2 and 43 of that Act
15. Personal Guarantee of Company Directors or Trustees
15.1 If the customer is a company or trust, the director(s) or trustee(s) signing this contract, in consideration for PRECISION PLUMBING agreeing to supply Products and Services and grant credit o the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally undertake as principal debtors to PRECISION PLUMBING the payment of any and all monies now or hereafter owed by the Customer to PRECISION PLUMBING and indemnify PRECISION PLUMBING against non-payment by the Customer. Any personal liability of a signatory hereto shall not exclude the Customer in any way whatsoever from the liabilities and obligations contained in this contract. The signatories and Customer shall be jointly and severally liable under the terms and conditions of this contract and for payment of all sums due hereunder.
16.1 PRECISION PLUMBING shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
16.2 Failure by PRECISION PLUMBING to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any rights or obligations PRECISION PLUMBING has under this contract.
16.3 If any provision of this contract shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.4 The Construction Contracts Act 2002 applies where applicable.
16.5 PRECISION PLUMBING shall be entitled to rely on the accuracy of and shall not be obliged to check any plans, specifications and other information supplied by you. We shall bear no responsibility for any goods supplied in compliance with those plans and specifications.