MyLiving Outdoors Terms and Conditions – Conditions of Sale
Definitions: In these conditions, the word “Seller” shall be deemed to refer to “MyLiving Outdoors”, and the term “Buyer” shall be deemed to refer to the person/persons offering to contract on the terms of this order.
Agreement: The acceptance of this contract is deemed to constitute the entire agreement between the buyer and seller and to the extent permitted by law.
Materials and measurements will require confirmation and as such this agreement is subject to a condition by the seller even after acceptance of the order. This agreement is binding for both parties pending that approval.
Materials: The seller accepts no responsibility for variance in colour or natural imperfections in the materials. The supplier reserves the right to touch up or rectify all products supplied and installed on site.
The agreement by the Seller is contingent on the ability to source and secure the materials and on the ability to arrange installation of said materials.
Price: The price agreed is subject to variation to include the increase in cost of materials by the Seller at anytime prior to the date of delivery. If the price is to be fixed and not subject to variation then this must be endorsed by the Seller.
Changes to Contract: The contract cannot be changed, altered, varied or modified without the written consent of the Seller and upon further terms and conditions as specified by the Seller. Variations will be charged at standard rates plus 10% of the variation cost to cover additional administrative fees unless otherwise agreed upon by the Seller.
Scope of Works: Works will be installed in accordance with the final plans and contract conditions. It is the responsibility of the Buyer to check and confirm all aspects of the contract and final design are accurate. The Seller holds no responsibility for a Buyer’s failure to check or interpret the details of the contract or plans.
Date of Commencement: The date of commencement quoted overleaf is an estimate only and is based on typical expectations of when materials will be available for delivery to site and any applicable approvals are in place. The Seller shall not be liable in any way for failure to deliver within the stated time. The Buyer shall accept and pay for the materials when tendered and not withstanding such failure to deliver within the estimated time.
Payment: Payment is to be in accordance with a Payment Schedule as specified by the Seller and in accordance with applicable legislative requirements. Final payment is payable on completion of installation. If the Seller intends to make a claim, then it must be in writing and 85% of the contract sum is still required to accompany such claim. The remaining 15% balance may be retained by the Buyer until such claim is resolved or settled.
Ownership: Property and ownership of our products will not pass to the Buyer until such time that full payment has been made, until then it will remain in the ownership of MyLiving Outdoors.
a.) Once delivered to site, the products will be held by the Buyer as fiduciary bailee for MyLiving Outdoors.
b.) If the Buyer elects to sell the products before full payment has been made to MyLiving Outdoors, the Buyer shall hold the proceeds of sale on trust for MyLiving Outdoors pending the full payment.
c.) The products must be stored separately and in a manner that clearly identifies them as being owned by MyLiving Outdoors.
d.) Reasonable access to the premises must be provided to MyLiving Outdoors between the hours of 9am – 5pm to inspect the products, and/or to retake possession of them if monies are still owed in accordance with the terms of this contract. MyLiving Outdoors will provided the Buyer 48 hours’ notice of their intended actions. The Buyer will be liable for any associated costs if MyLiving Outdoors need to exercise their rights under this clause.
Cancellation: If the buyer wishes to cancel or repudiate the contract after expiry of the cooling off period, whether prior to or after the date of commencement, or delay the date of commencement, the Buyer shall pay to the Seller the costs incurred by the Seller to date.
Cooling Off Period: This agreement is subject to a cooling off period under the terms of the applicable legislation in the place in which this agreement was entered into. The cooling off period shall not exceed 5 business days from the signing of the contract.
Exercise of Cooling Off Rights: The Buyer may give notice to the Seller of rescission of this agreement during the cooling off period. Any such notice must be in writing and delivered to the Seller, either in person or by post in an envelope addressed to the Seller.
Warranties: The Seller warrants that:
a.) Any materials used will be of suitable quality and fit for purpose.
b.) Unless agreed upon with the customer, any materials used will be of new condition.
c.) It is the responsibility of the Buyer to ensure they have sought all relevant approvals from Local Council, Government authorities, or any other applicable statutory bodies. It is also the responsibility of the Buyer to confirm that any works do not contravene any such requirements. The Buyer hereby indemnifies the Seller for any breach of laws, by-laws or other relevant obligations pertaining to this order.
d.) All works will be carried out in an appropriate and skilled manner by suitably qualified and licensed trades people with reasonable care and skill.
e.) Work will be completed in accordance with the final plans and specifications.
f.) Provisional sums have been calculated with reasonable care and skill.
Debt Collection Costs: If the Seller incurs costs to recover any monies owed by the Buyer under this agreement, then any expenses, costs, disbursements, including debt collection agency fees and solicitor’s costs, shall be paid by the Buyer to the Seller when specified on an indemnity basis.
Interest will also be payable by the Buyer on any outstanding monies owed to the Seller under this agreement and in accordance with the applicable rate of interest of the Supreme Court of the state in which this order was placed.
Privacy: If MyLiving Outdoors considers it relevant to collecting overdue payments or for any credit provided to us, I/we agree to MyLiving Outdoors receiving a credit report about me/us containing personal information in relation to collecting these overdue payments (Section 18K (1) (h) Privacy Act 1988).