Terms and Conditions
[/et_pb_text][et_pb_text _builder_version=”3.27.4″ text_font=”||||||||” text_font_size=”22px” text_line_height=”1.6em” header_font=”||||||||” background_layout=”dark” max_width=”800px” custom_margin=”|||” custom_padding=”20px||20px||true” text_font_size_tablet=”18px” text_font_size_phone=”” text_font_size_last_edited=”on|phone”][/et_pb_text][/et_pb_column][et_pb_column type=”1_3″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][/et_pb_column][/et_pb_row][/et_pb_section][et_pb_section fb_built=”1″ admin_label=”FAQ” _builder_version=”3.22″ background_color=”#f7f7f7″][et_pb_row _builder_version=”4.4.7″][et_pb_column _builder_version=”4.4.7″ type=”4_4″][et_pb_text _builder_version=”4.4.7″ hover_enabled=”0″]Quotation Acceptance
(a) The quotation (“Quotation”) is based on a physical
inspection by Health Trade Services or it’s nominated
Sub-contractor of the site where work is to be
carried out, or upon details provided by the customer
(“Customer”).
(b) The Quotation is based on the work being carried out
from Monday to Friday from 7:30am to 4:00 pm. Work
carried out outside this period will incur additional fees and
charges to be paid by the Customer.
(c) The Quotation does not include any charges or fees to
supply authorities or any other authority.
(d) The Customer must accept or reject the Quotation within
thirty (30) days of its receipt. If not accepted within the
specified time, the Quotation will no longer be valid.
Health Trade Services may, at its option. extend this period by notification in writing
to the Customer.
(e) The Customer may accept the Quotation by sending to
Health Trade Services a letter acknowledging and agreeing to the terms of
the Quotation or by signing and returning a copy of the
Quotation to Health Trade Services (the“Contract”).
- Payment
(a) The Customer shall pay to Health Trade Services in full within 30 calen-
dar days from the date of invoice.
(b) Health Trade Services shall issue invoices to the Customer upon
completion of each stage of the performed work. The Build-
ing and Construction industry Security of Payment Act 1999
(NSW) shall apply in respect to progress payments.
(c) If the Customer does not pay within the period mentioned
in Clause 2(a), the Customer shall pay interest on the
outstanding amount from the date the payment becomes
due until the date the payment is made at a rate equal to 1.5%
per calendar month, compounded monthly.
(d) Health Trade Services shall be entitled to recover all (legal) costs
(including but not limited to debt collector costs) from the
Customer in the event that the Customer does not pay within
the period mentioned in Clause 2(6) or does not fulfil any of
other obligations under the Contract.
(e) Unless otherwise stated, the amounts mentioned in the
Quotation
- Guarantee
in consideration for Health Trade Services performing work to the
Customer, the director signing the Quotation on behalf of the
Customer (jointly and severally, if there is more than one
Director, and) unconditionally guarantees the payments of all
amounts by the Customer under the Contract. Health Trade Services may
recover the amounts from the guarantor as a liquidated debt.
- Duties, Warranties 8: Defects
(a) Health Trade Services will carry out work in a good and workmanlike
manner and supply material of the kind described in the
Quotation and comply with all relevant Australian standards
and requirements of all statutory authorities related to the
work.
(b) If the Customer is not a consumer within the meaning of
the Competition and Consumer Act 2010 (Cth), Health Trade Services
liability for any defect or damage in the work carried out is:
(i) limited to the value of any express warranty or warranty
card provided to the Customer by Health Trade Services;
(ii) limited to any warranty to which Health Trade Services is entitled, if
Health Trade Services did not manufacture the goods used in the work
carried out; or
(iii) limited to the value of the work carried out by Health Trade Services.
(c) Health Trade Services is not liable for any loss or damage to the
Customer’s or any other third party’s personal property that
remains on the site during the performance of the work.
- Variations
(a) Any variation of the Contract shall be made in writing and
must be approved in writing by Health Trade Services.
(b) The Customer acknowledges that a variation of the
Contract shall never decrease the price mentioned in the
Quotation. however such variation may increase the price
mentioned in the Quotation.
- Risk & Ownership
(a) Risk of loss, damage or destruction to the materials,
equipment and other goods or any part thereof shall pass to
the Customer on installation.
(b) Health Trade Services shall remain the owner of all installed materials,
equipment and other goods until the Customer has fully paid
Health Trade Services all amounts owed to Health Trade Services and the Customer has
fulfilled all other obligations to Health Trade Services.
- Security Interest
(a) The Customer grants to Health Trade Services a security interest in all
of the Customer’s current and future personal property and
land.
(b) The Customer acknowledges that the Contract consti-
tutes a security agreement for the purposes the Personal
Property Securities Act 2009 (“PPSA”) and that a security
interest exists in all materials, equipment and other goods
and services previously supplied or installed by Health Trade Services to
the Customer and in all future materials, equipment and other
goods and services of the Customer.
(c) The Customer will execute further documents, including
further security agreements, and do such further acts as may
be required by Health Trade Services to register the security interest
granted to Health Trade Services under the Contract under the PPSA.
(d) Until ownership of the materials, equipment and other
goods passes, the Customer must not give to Health Trade Services a
written demand or allow any other party to give Health Trade Services a
written demand requiring Health Trade Services to register a financing
change statement under the PPSA or enter into or allow any
other party to enter into the register of personal property
securities a financing change statement under the PPSA.
(e) The Customer acknowledges that it has received value as
at the date of first delivery of the materials, equipment and
other goods and has not agreed to postpone the time for
attachment of the security interest (as defined in the PPSA)
granted to Health Trade Services under the Contract.
(f) The Customer irrevocably grants to Health Trade Services the right to
enter upon the Customer’s property or premises, without
notice, and without being in any way liable to the Customer
or to any third party. if Health Trade Services has cause to exercise any of
Health Trade Services rights under section 123 and/or section 128 of the
PPSA, and the Customer shall indemnify Health Trade Services from any
claims made by any third party as a result of such exercise.
- Cancellation
(a) Should the Customer fail to fulfil its payment or other
obligations to Health Trade Services, Health Trade Services may cancel the Contract by
giving written notice to the Customer. On giving such notice,
Health Trade Services shall not have to repay to the Customer any money
paid by the Customer for work that has not yet been
performed. Health Trade Services shall not be liable for any loss or
damage whatsoever arising from such cancellation.
(b) In the event that the Customer cancels the Contract, the
Customer shall be liable for the balance of the price under the
Contract and any other loss incurred (whether direct or
indirect) by Health Trade Services as a direct result of the cancellation
(including, but not limited to, any loss of profits).
- Completion
On completion of the work performed by Health Trade Services, Health Trade Services
will remove from the site all goods, plant and equipment,
rubbish and surplus material relating to the work performed.
All such goods. plant and equipment. rubbish and material
remain the property of Health Trade Services unless otherwise agreed.
- Miscellaneous
(a) Health Trade Services may license or sub-contract all or any part of its
rights and obligations without the Customer’s consent.
(b) By engaging Health Trade Services. accepting the Quotation or enter-
ing into the Contract with Health Trade Services, the Customer acknowl-
edges and agrees that Health Trade Services shall collect the Customer’s
personal information in accordance with its Privacy Policy
published on www.healthtrades.com.au. A copy of
this Privacy Policy will be provided upon request.
(c) These terms and conditions and the Contract to which
they apply shall be governed by the Laws of the State of New
South Wales, Australia. and are subject to the jurisdiction of
the Courts of the State of New South Wales. Australia.
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