Terms and Conditions

1. GENERAL

1.1 These terms and conditions (Conditions), subject to any variation in writing, apply to the supply of plumbing and gasfitting services (the Services) by TONON Plumbing and Gas (the Company) to the Customer.

1.2 These Conditions, together with any invoices, quotations or purchase orders exchanged between the parties, form the Contract.

1.3 Where the Customer purports to be subject to terms and conditions other than these Conditions, the Customer agrees that such other terms and conditions are disregarded and form no part of the Contract unless the Company agrees.

2. QUOTATIONS

2.1 Any quotation given by the Company lapses if not accepted by the Customer within 30 days.

3. TERMS OF PAYMENT

3.1 Terms of payment are cash unless credit or the use of credit card has been approved by the Company.

3.2 Invoices will be paid within 7 days of the date of invoice (without deduction or set-off of any kind) unless otherwise agreed to by the Company in writing.

3.3 Notwithstanding any other clause in these Conditions, the Company may, at its own discretion, require payment at the time the Services are performed with such payment to be made directly by bankcard, credit card, debit card or transfer.

3.4 In the event payment is not received by the due date the Company reserves the right to charge interest at the rate of 10% commencing from the due date of payment in respect of all the Customer’s indebtedness which is overdue. Any interest so levied shall accrue on a daily basis and shall accrue until all monies owing are paid in full.

4. PERFORMANCE AND RISK

4.1 While the Company will use all reasonable endeavours to perform the services and install the materials within the time specified (if a time frame is specified), it does not unless otherwise agreed in writing, guarantee performance of the services and installation of the materials by that time and is not liable for any loss resulting from late or early performance of the services. If no timeframe has been specified, then the services shall be performed as soon as practicable after the quotation has been accepted by the Customer.

5. CANCELLATIONS

5.1 Any request by the Customer for cancellation must be in writing and may be delivered by post, hand delivery or facsimile or email. The Customer is liable to reimburse the Company for the costs it has incurred for labour and materials in performing the Services up to the date the request for cancellation is received and acknowledged by the Company.

6. FORCE MAJEURE

6.1 Neither party is liable for any Loss incurred by the other party as a result of any delay or failure to observe any of these conditions (other than an obligation to pay money) as a result of any circumstance beyond the party’s control, including but not limited to any strike, lock-out, labour dispute, act of God, fire, flood, accidental or malicious damage or breakdown in machinery. The party affected must notify the other party as soon as possible of such circumstance.

7. COMPANY’S LIABILITY

7.1 Nothing in these conditions is to be interpreted as having the effect of excluding, restricting or modifying any statutory guarantee, condition or warranty, or right or liability implied by any applicable legislation into the Contract, if such exclusion, restriction or modification would be void or prohibited by the legislation.

7.2 To the extent that the Company breaches any statutory guarantee, condition or warranty implied into the Contract and which cannot be excluded or modified, the Company’s liability in relation to the supply of services is limited to:

(a) supply of the services again; or

(b) payment of the cost of having the services supplied again.

8. PRICE VARIATION

8.1 The price quoted by the Company is, unless otherwise agreed in writing, subject to variation at any time prior to the date of acceptance by the Customer.

8.2 Without limitation, if the cost of wages, materials or any other supply or input to the Company increases after the date of any price quoted and before the completion of the work specified in the quotation, the Company may add a fair and reasonable amount to the price quoted to cover the increase and the Customer must pay the price as varied.

8.3 The price quoted by the Company may also change depending on variations that are either:

(a) Requested by the Customer; or

(b) Arise due to circumstances that were unforeseen by the Company at the time the quotation was provided.

9. DEFAULT OF THE CUSTOMER AND ENDING THE AGREEMENT

9.1 If the Customer fails or refuses to comply with any of its obligations under this Agreement then, without limiting any of its other rights, the Company may terminate the Agreement.

9.2 If the Customer defaults in payment, or an application is made to a court to wind up the Customer, or a receiver or administrator is appointed to manage the affairs of the Customer, or the Customer is in material breach of the Contract, then the Company may terminate the Agreement immediately and may recover from the Customer, at a minimum, all outstanding invoices plus reasonable compensation for materials purchased and ordered and labour expended.

9.3 The Customer shall also be liable to pay all expenses, legal costs on a solicitor and own client basis, of the Company in relation to obtaining remedy of the failure to comply.

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