GUTTER CARE TERMS OF TRADE (Private Individuals)
1. Application of Terms of Trade.
These Terms of Trade apply to all sales of goods contracts.
Any order placed with GutterCare Limited ("Gutter Care") constitutes your agreement to be bound by these terms.
Any additional or different terms you stipulate or state in any communication with GutterCare (including any order) are hereby objected to and will not bind GutterCare unless GutterCare agrees in writing.
No salesperson, representative or agent is authorised by GutterCare to give any guarantee, warranty or representation in addition to, or contrary to these terms.
In any event, receipt of goods by you (or another as you direct) upon delivery constitutes your agreement to be bound by these terms.
2.1 Prices stated or quoted are inclusive of GST. GST will be payable by you at the rate applicable at the time of supply.
2.2 Prices may be altered by GutterCare without notice, and the actual price of goods and services may be different from the prices estimated. Notwithstanding this reasonable efforts will be made by GutterCare to advise the Customer of any such changes.
2.3 We may withdraw any quotation before it is accepted, and in any event any quotation will lapse thirty (30) days after it is given without notice.
3.1 Unless otherwise agreed to in writing you must pay for the goods or services within 7 days following the date of the invoice relating to those goods or services.
3.2 If full payment of the goods is not made on the due date then without prejudice to any other remedies available to us; we may
(a) Cancel or withhold supply of further goods or services;
(b) charge interest on monies overdue on a daily basis which will be calculated by adding 3% per annum to the overdraft rate payable by us to our bank at the time of such default and any interest shall continue to accrue from the due date for payment until actual payment is received; and
(c) You shall be responsible for all costs incurred by us in recovering such monies. For avoidance of doubt this will include reasonable solicitor's fees, debt collection agency fees and any other expenses, costs or disbursements incurred.
3.3 No retentions of payment shall be made by the Customer unless specifically arranged and agreed in writing prior to receipt of the Customer's confirmation.
3.4 Any confirmed work cancelled within 48 hours of scheduling will incur a $50 penalty to cover any additional administration.
4.1 Notwithstanding any period of credit, ownership of the goods remains with GutterCare and will not pass to the Customer until all goods supplied to the Customer have been paid for in full and until that time the Customer agrees that:
(a) The Customer holds the goods as bailee and has a fiduciary (trust) relationship with GutterCare.
(b) The Customer must store the goods so that they can be readily identified as belonging to GutterCare.
5.1 GutterCare reserves the right to schedule the Customer's work in one or more instalments and will exercise its best efforts and endeavours to supply goods or services by the date requested by the Customer but if for any reason whatsoever goods or services are not made available or dispatched on time GutterCare shall not be liable for indirect damages or consequential losses sustained by the Customer or any other person.
5.2 Failure of GutterCare to deliver an instalment or service on time shall not entitle the Customer to cancel the Agreement.
5.3 GutterCare shall be entitled to supply goods or services to the Customer before the time requested by the Customer by mutual agreement.
Risk in respect of the goods sold shall pass to the Customer when the goods are delivered to the Customer or the Customer's carrier or the time the Customer pays for the goods whichever is earlier. It is the Customer's responsibility to insure the goods even if GutterCare has arranged transportation of the goods.
7.1 Except to the extent of written warranties given by GutterCare to the Customer, all warranties and representations in respect of the goods or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law. Where any written warranty conflicts with Clause 7 of these Terms of Trade the provisions of the written warranty as applicable shall apply.
7.2 We shall not be liable:
(a) Where you have altered or modified the goods, misapplied the goods or have subjected them to any unusual or not recommended use, servicing or handling.
(b) For loss caused by any factors beyond our control;
(c) For any indirect or consequential loss of any kind;
(d) For any second-hand goods; and
(e) Where the terms of any written warranty have not been complied with, or any manufacturers handbook provided to you has not been complied with.
7.3 Our total liability under any warranty for defective or damaged goods supplied by us or damaged to personal property caused by us is limited at our option to either:
(a) Replacing or repairing the defective or damaged goods and property; or
(b) Refunding the price of the defective or damaged goods.
7.4 Goods or property identified to us as damaged or defective may be inspected by us at our discretion.
7.5 Any return of goods and/or requests for credit on goods returned shall be subject to the following conditions:
(a) All claims must be received by GutterCare within five (5) days of delivery of the goods or provision for services (as appropriate). Where applicable the dispatch number and/or invoice number must be quoted by the Customer;
(b) All payments must specifically identify the defect and where possible in relation to goods be accompanied by the defective goods or a sample thereof;
(c) GutterCare shall have a reasonable opportunity to investigate the claim;
(d) GutterCare may at its complete discretion replace it with a credit for goods and services supplied and established to be defective and this replacement or credit shall be deemed to fully satisfy any claim by the Customer in respect of any such goods or services;
(e) Good purchased by the Customer are non-returnable, both imported or local goods unless it is agreed in writing within five (5) days following receipt of goods by the Customer in which case a re-stocking fee of up to 35% of the value of the goods supplied may apply;
(f) Goods sought to be returned which have been altered, damaged, incorrectly stored, cut or otherwise processed in any way will not be accepted.
If GutterCare replaces defective goods it shall deliver such goods to the Customer at the Customer's premises at Gutter Care's risk and expense.
8. Personal Property Securities Act 1999
8.1 For the purposes of the Personal Property Securities Act 1999 ("PPSA") the Customer agrees these conditions constitute and create a Security Agreement. The Customer grants a Security Interest in favour of GutterCare in all the Customer's present and after acquired personal property and other goods or services supplied to the Customer by GutterCare and all proceeds and accounts receivable in relation to that inventory (which present and after acquired inventory is hereinbefore and hereinafter referred to as "Goods and Services") to secure the payment by the Customer to GutterCare of all amounts the Customer may owe GutterCare from time to time and at any time in respect of such Goods and Services.
8.2 GutterCare may at its discretion and in such manner as GutterCare determines allocate payments made by the Customer for all and any Goods and services.
8.3 Until payment is made to GutterCare the Customer agrees to store the Goods in a manner which permits them to be easily identified as per Clause 4.1(b) above.
8.4 To the extent permitted by Law if the Customer defaults under these conditions or under any other payment obligation to GutterCare then :
(a) Each Security Interest created in favour of GutterCare will become immediately enforceable; and
(b) GutterCare may, at any time, by notice to the Customer declare all or any part of the monies owing to GutterCare to be due and payable immediately upon demand or at such later date as GutterCare may specify in writing; and
(c) GutterCare may:
(i) Take possession of and either sell or retain the Goods; and
(ii) Obtain expenses incurred in the exercise of any such powers until the revenue from or proceeds of realisation of the Goods; and
(iii) Under Sections 133 and 134 of the PPSA to reinstate the Security Agreement; and
(iv) To receive a copy of the verification statement or financing change statement relating to GutterCare's security interest.
8.5 The Customer shall give written notice to GutterCare immediately upon any change of name of the Customer.
8.6 On being requested by GutterCare the Customer shall promptly do all things including signing any documents (and providing all information necessary to enable GutterCare to perfect and maintain the perfection of any and each security interest granted to GutterCare by the Customer (including by registration of the financing statement).
9. Force Majeure
No claim or liability will arise against GutterCare under these Terms of Trade or any order or quote, if and to the extent that GutterCare' s failure or omission to carry out or observe any provision of these Terms of Trade or any order or quote arises by reason of Force Majeure. "Force Majeure" means any event outside the reasonable control of GutterCare and includes, without limitation, fires or other casualties or accidents, power outages, Acts of God, strikes and lockouts, severe weather conditions, delay in supply of materials or unavailability of materials, war or other violence, or the introduction of any law, order, regulation, demand or requirement of any government agency.
10. Consumer Guarantees Act 1993
Nothing in these Terms of Trade excludes, limits, restricts or is intended to derogate from any right or remedy which the Customer may have pursuant to the Consumer Guarantees Act 1993 ("the CGA"). If you are a consumer as defined in the CGA who requests goods and services for personal use. However, the guarantees contained within the CGA are excluded when you acquire goods or services from GutterCare for the purposes of a business.
If you sell the goods to a third party, you agree:
(a) Where permitted by law, to contract out of the CGA; and
(b) To neither give or make any assertion or representation or relation to our goods without our prior written approval nor hold yourself out to be our agent; and
(c) To indemnify GutterCare for any losses incurred due to a third party claim against us as manufacturer/importer.
Moss Mould Lichen and Algae treatment conditions
Please be aware, this product takes time to work.
Biological growth is dead within hours, but remains attached to the surface and requires weathering to gently prise it away. A difference will be evident after a few weeks, however a full 12 months is required for the best results to be realised.
If no difference is visible after 3 months a free re inspection is included, and if required a patch treat.
For the treatment of Steep roofs and shaded areas, we cannot guarantee that the south side of any roof with a pitch greater than 40 degrees or heavily shaded areas such as in the lee of dormers or excessive tree overhang will be effective at removing 100% of the growth with one treatment.
These areas may require treatment every 6 months until the growth is gone at a discounted rate.