What information about you can we collect?
1 You agree that we may obtain information about you to assess your credit worthiness, enforce any rights under this contract and market any of our to any other entity.
2 You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time. You may also access any information that we hold about you and ask us to correct any mistakes in it.
What are the services we are supplying?
1 In these terms and conditions “services” means and includes, without limitation, the following:
- The manufacture and supply of upholstery fabrics and the supply of all upholstery services; and
- All services and products identified in any order form, supply request, email, quotation or in any invoice issued by us to you, which documents are deemed to be incorporated into and form part of our contract with you.
What is the price of the services?
1 The price of the service is as agreed between you and us.
2 If no price is agreed to in writing, the services will be treated as supplied at the current amount that we supply those services at the time we enter the contract with you.
2. What and when must you pay us?
1 Our staff are required to obtain payment in full before releasing or delivering property to you.
2 Unless otherwise arranged, account holders authorised by our managing director, agree to pay us in full on or before the 7th day following the date of our invoice (“the due date”).
3 A deposit may be required.
4 Any payments made by credit card will incur an extra charge of 3% of the invoice value.
5 Any amount you owe after the due date will incur interest at the rate of 2.5% per month or part month.
6 You are liable for any costs, including debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract.
What happens when we give you a quotation?
1 When we give a quotation for services:
- Unless otherwise agreed, the quotation shall be valid for thirty (30) days from the date of issue; and
- When services are required in addition to the quotation, you agree to pay for the additional cost of such.
1. When does our responsibility for your property end?
1 We are responsible for products and your property only until given or delivered to you.
2 However please note, you are responsible for keeping your property insured while in our custody.
What security rights do we have?
1 Until you have paid us in full for all products we supplied, we retain ownership of the products.
2 Until you have paid us in full for the services supplied, then pursuant to the Personal Properties Security Act 1999, we have a security interest in all your property on which our services were performed.
1 If you fail to pay us for services supplied, then it is agreed that we may, in accordance with the appropriate law, repossess the property on which we have performed services and for that purpose, you grant us an irrevocable licence to enter, as your agent, any premises in which the property is located.
2 You also agree that we may exercise a general lien against any property in our possession on which we have performed services on your behalf (“the property”), for any money outstanding under this contract and any other contract to which you and us are parties. A lien is the right to take another's property if an obligation is not discharged.
3 If the lien is not satisfied within seven (7) days of the due date, we may, after giving notice of the lien either:
- Store the property as we think appropriate at your risk and expense;
- Sell the property or part of it as we think appropriate and use the proceeds towards the discharge of the lien and costs of the sale, without being liable to any person for any damage caused.
What is the limitation on our liability?
1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes and regulations may imply warranties or conditions or impose obligations upon us which cannot by law be excluded (“the statutory restrictions”).
2 Subject to our liability to you pursuant to the statutory restrictions, it is agreed by you that we are not liable to you for any loss or damage of any kind whatsoever, arising from the supply of services by us to you, including consequential loss, whether suffered or incurred by you or another person or entity and whether in contract or tort (including negligence) or otherwise.
3 Please note we are not liable for the cost of remedying any unintended consequences, or for any loss or damage, arising as a consequence of the supply of services by us in a normal and workmanlike manner.
Personal guarantee of company directors and trustees
1 If you are a company or a trust:
the director of the company or the trustee of the trust signing this contract, in consideration for us agreeing to supply services and grant credit to the company or the trust, also sign this contract in their personal capacity, and jointly and severally personally undertake as principal debtors, to pay everything that the company or trust owes us, and to indemnify us against non-payment;
any personal liability of a company director or trustee will not exclude you from the liabilities and obligations contained in this contract.
What also are you agreeing to?
1 In the course of completing the services we may contract out part of the services contracted for by you, to another contractor (“the sub- contracting”). The sub-contracting costs will form part of our price for the services.
2 We will do our best to meet time deadlines. However, we are not liable for any delay or failure to perform our obligations including if the cause of the delay or failure is beyond our control.
3 If we fail to enforce any of the terms and conditions contained in this contract, it shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
4 If any of these terms and conditions shall be invalid, void or illegal or unenforceable, the validity existence, legality and enforceability of the remaining terms and conditions shall not be affected, prejudiced or impaired.