TERMS & CONDITIONS OF TRADE – BOB DENNISON PLUMBING LIMITED
The following constitutes the terms of business between Bob Dennison Plumbing Limited (hereafter called “BDP”) and the Client. Any variation must be agreed in writing.
The Client is bound to pay the price from the time that BDP accepts the Client’s order. A quotation does not give rise to a binding contract until the Client places an order which is subsequently accepted by BDP.
Alterations to any price list shall be effective from the date specified by BDP at the time of giving notice to the Client. Orders are accepted on the basis of prices applicable at the date of delivery.
BDP may vary its charge out rates at its discretion.
A minimum charge of one hour for labour will apply to all work.
Where service work is required outside core business hours of 8.00 am to 5.00 pm Monday to Friday, or on statutory days and weekends, BDP may charge an additional fee for such services.
Travelling time will be charged on a return basis between the Client’s site and BDP premises.
Unless otherwise advised by BDP, payment is due by the 20th of the month following date of invoice without deduction or set-off.
BDP may impose a credit limit at its discretion without notice. Where the credit limit is exceeded, BDP reserves the right to refuse to supply goods or services to the Client.
Risk and Property
Goods are at the Client’s risk:
– where you arrange your own transport, at the time the vehicle is loaded
– where BDP arranges delivery, upon arrival at the destination.
Ownership of goods will not pass to the Client until the Client pays the amount owing for the goods and all other moneys owing by the Client to BDP whether in relation to the goods or any other transaction (the Client’s indebtedness).
Until payment in full of the Client’s indebtedness the Client agrees:
– to store the goods separately in a clearly identifiable manner.
– BDP or its agents or employees may enter the Client’s premises without notice to search for and remove any goods which remain owned by BDP without incurring any liability to the client or any other person or entity claiming through the client.
– if the goods are resold by the Client, they are resold as agent for BDP.
– the proceeds of any re-sale of goods shall belong to BDP, and shall be held by the Client on trust for BDP.
Personal Property Securities Act 1999
The Client acknowledges and agrees that by signing to these Terms of Trade, the Client grants a security interest to BDP in all Goods previously supplied to the Client by BDP (if any) and all after acquired goods supplied by BDP to the Client.
The Client undertakes to:
(a) sign any further documents and/or provide any further information (which information the Client warrants to be completed, accurate and up-to-date in all respects) which BDP may reasonably require to register a financing statement or financing change statement on the Personal Property securities Register;
(b) not register a financing statement or a change demand without BDP’s prior written consent; and
(c) give BDP not less than 14 days written notice of any proposed change to the Clients name and/or any other change to the Clients details (including, but not limited to, changes to the Clients address, facsimile number, trading name or business practice).
Unless otherwise agreed to in writing by BDP, the Client waives the right to receive a verification statement in respect of any financing statement or financing change statement relating to the security interest.
On BDP’s request the Client must promptly execute any documents and do anything else required by BDP to ensure that the security interest created under these Terms of Trade constitutes a first ranking perfected security interest over the Goods and their proceeds.
The Client will pay BDP all costs, expenses and other charges incurred, expended or payable by BDP in relation to the filing of a financial statement or a financing change statement in connection with these Terms of Trade.
Certain provisions not to apply
The Client agrees that:
(a) nothing in sections 114(1)(a), 117 (1)(c), 133 and 134 of the Personal Property Securities Act shall apply to these Terms of Trade;
(b) its rights as debtor in sections 116, 119,120(2), 121, 125, 126, 127, 129, 131 and 132 of the Act shall not apply to these Terms of Trade.
If any moneys are not paid by their due date the Client shall pay interest on a daily basis on the overdue moneys at a rate equal to BDP bank overdraft rate plus 5%. Any discounts previously allowed will be cancelled and the sum added to the Client’s indebtedness.
The Client will pay to BDP all legal costs (on a solicitor/client basis) and all other costs incurred in collecting any outstanding amount from the Client.
If any dispute or difference arises in connection with work done or payments claimed by BDP, or any other matter pertaining to business between BDP and the Client, BDP or the Client shall refer the dispute to adjudication in terms of part 3 of the Construction Contracts Act 2003 (CCA), or to the Master Plumbers Association of which BDP is a member for settlement through that Association’s Disputes Procedure. For the purposes of s.33(1)(c) of the CCA, the Master Plumbers Association shall be the nominating body.
Dimensions Plans and Specifications
All customary Plumbing Industry tolerances shall apply to the fitting of goods unless BDP specifically agrees otherwise in writing.
BDP shall be entitled to rely on the accuracy of and shall not be obliged to check any plans specifications and other information supplied by the client and shall bear no responsibility for any goods supplied in compliance with such plans specifications and information.
Where BDP at its discretion allows the Client to return goods other than defective or non-complying goods, BDP reserves the right to charge a return fee of 10% or an amount equal to the amount charged to BDP by the supplier of such goods.
The Client is responsible for obtaining any consent or other authority necessary for the work, and will provide that to BDP on request. Where a building consent is required and the Client’s have failed to obtain it, we may lodge a building consent application as the Client’s agent and at the Client’s expense.