Terms and Conditions
DEFINITIONS: “service provider” means JKB Installs Ltd and “client” means you
ACCEPTANCE: Any instructions received by the service provi der from the client for the supply of services, shall constitute acceptance of the terms & conditions contained herein.
CALL OUT/ SIDE VISIT FEE : A $75+GST fee for the first site visit from the service provider will be charged unless agreed on otherwise.
QUOTATIONS/ESTIMATES: May be given and will be clearly labelled. If a quote is accepted, the work will be done for that price, unless the service provider and the client agree to change it. Estimates are subject to change and can be exceeded by up to 20% of the original estimated before the service provider is required to clarify with the client.
MODIFICATIONS AND VARIATIONS: Any variation to the quote brought about by hidden costs i.e. pre-existing faults of the client’s materials or workmanship by another party, to be agreed to in writing.
AMENDMENTS by the client prior to or during the job progressing, including any requests for changes to the final result must be presented to the service provider in writing and agreed to in writing by both parties.
The SERVICE PROVE DER is required to act within the:
- The Fair Trading Act 1986
- The Consumers Guarantees Act 1993
- The Privacy Act 1993
- The Health and Safety Act 1995
- Building Regulation
Subject always to the provisions of the Privacy Act 1993.
a. The client perm it’s the service provider to collect, use and retain information concerning The CLIENT, for the purpose of assessing the client’s credit worthiness or to enforce any rights under this contract.
b. The client permits the service provider to disclose information obtained to any person for the purposes set out in clause (a) of this section.
EXEMPTION FROM LIABILITY
The service provider shall not be liable for:
a. loss caused by any factor beyond The service provider control
b. Failure to complete the work by the specified dates due to factors beyond the service providers control
c. The job cannot continue due to unforeseen circumstances the service provider will charge the client for the job completed to date and either arrange with the CLIENT, dependent on the cause, a date to complete the work quoted Loss consequential to any of the above.
Terms of payment are on completion of the job unless otherwise arranged in advance and confirmed in writing. We the service provider reserve the right to require either security or payment in advance before proceeding.
INTEREST AND LEGAL EXPENSES:
If the client fails to make a payment by the due date you shall be liable to pay us: *
Default interest on the amount outstanding calculated at Principal bank lending rate plus 5% per month, and shall accrue after as well as before judgement.
All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you the client are liable for its payment.
Ownership of the goods supplied as part of this service is retained by us, the service provider until payment in full for the goods and services supplied by us to you is received. The Client shall hold the goods for us as a fiduciary owner, notwithstanding any period of credit allowed by us. Upon default of any payment due by you to us or, either before or after any period of the credit expires, upon you becoming insolvent or having a receiver appointed or going into liquidation, we may enter the premises where the goods are kept and recover possession of the goods subject to the Credit (Repossession) Act 1997
PERSONAL PROPERTY SECURITIES ACT 1999:
The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the contractor may register a financing statement on the Personal Property Securities register. The CLIENT hereby waives its rights contained in sections 116,119,120(2), 121,125,126,127,129, 131 and 132 of the PPSA.
In the event that you have a dispute relating to or arising from work completed you must immediately notify the service provider giving details of the dispute. The client agrees that the service provider and the client acting in good faith will endeavor to resolve the dispute. If there is a dispute with the invoice the client may withhold payment of the disputed amount but must still pay the undisputed amount by the payment date whilst the error is being investigated. If it is proven that the service provider has made a mistake then the service provider will correct the invoice immediately. If the service provider finds that there is no mistake and the payment date has already passed, the client will pay the outstanding amount immediately.
The service provider may cancel these terms & conditions or cancel the service by giving notice. The service provide r shall not be liable for any loss or damage arising from such cancellation. The client may cancel services at the client’s sole discretion and will be liable for any costs incurred by the service provider.
If any of these terms and conditions are held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these terms and conditions and the remaining terms and conditions shall continue in full force.