1. General Agreements
1.1. Unless otherwise agreed in writing by Scott of All Trades, the Customer must pay the invoices for Services and Goods (collectively known as “the works”) and other charges at the time of rendering an invoice to the Customer. The Customer must pay Scott of All Trades invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.
1.2. In the event of the Customer being unsatisfied with Scott of All Trades works, the Customer agrees to allow an opportunity to rectify the said works.Where the Customer refuses or otherwise prevents Scott of All Trades from rectifying the works, to the full extent permitted by law, the liability of Scott of All Trades to the Customer for the works shall be extinguished and the Customer will be liable to Scott of All Trades for payment in full of the invoices.
1.3. The Customer expressly acknowledges and agrees that it has not relied upon, and Scott of All Trades is not liable for any advice given by Scott of All Trades, its servants, agents, representatives or employees in relation to the suitability for any purposes of the works.
1.4. To the full extent permitted by law, all conditions, warranties and representations express or implied by statute, common law or otherwise in relation to the works are hereby excluded, and to the full extent permitted by law, Scott of All Trades will be under no liability to the Customer for any damages (including but not limited to incidental, special, consequential or general damages) in connection with or arising out of the supply or use of the works howsoever arising, even if due to negligence, or the negligence of servants, agents, sub-contractors or suppliers.
1.5. These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Trade Practices Act 1974 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
1.6. In the event that liability cannot be excluded, to the fullest extent permitted by law, Scott of All Trades liability to the Customer shall be restricted at Scott of All Trades option to a refund of the invoiced amounts paid by the Customer to Scott of All Trades, or replacement of the works.
1.7. The Customer agrees that it must within seven days of the date of delivery or completion of the works, give written notice to Scott of All Trades, with particulars of any claim that the works are defective or not in accordance with the agreement between the Scott of All Trades and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Customer and all claims by the Customer against Scott of All Trades for the works are extinguished and the Customer must pay Scott of All Trades for the works.
1.8. If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.
1.9. The Customer agrees to pay Scott of All Trades costs of recovering or attempting to recover from the Customer all outstanding charges, including any mercantile agent's costs and legal costs on a full indemnity basis.
2. Retention of Title
2.1. Scott of All Trades will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until Scott of all Trades has received payment in full for them and all other sums owing to it by the Customer.
2.2. If the Customer, fails to make any payment to Scott of All Trades when due Scott of All Trades is entitled, and the Customer grants Scott of All Trades a license, to enter the Customer's premises and land where the Goods are situated with or without notice and to re-take possession of and remove, at the Customer's cost and expenses, the Goods in respect of which title has not passed to the Customer. Scott of All Trades shall be entitled to use the Customer's name and to act on the Customer's behalf in exercising these rights and Scott of All Trades is not liable for any costs, losses, damages or other expenses suffered by the Customer or any third party in respect of Scott of All Trades retaking possession and removing the Goods. The Customer acknowledges that Scott of All Trades is entitled to remove the Goods even if such removal would result in damage to a structure and the Customer acknowledges that Scott of All Trades will not be liable to the Customer for such damage, howsoever arising.
2.3. Outstanding Payments - if a customer has failed to make payment on the due date of completion Scott of All Trades reserve the right to pass to the original invoice value a $50 late payment fee and/or daily interest of 2.75% of the original amount due, until the final payment is received.
3. Quotation, Deposit & Final Payment Requirements
3.1. All Quotations are valid for 14 days only.
3.2. A 40% deposit is required upon approval of quotation. Deposits are non-refundable.
3.3. Payment of a deposit can be made by cash, bank cheque, credit card-visa or MasterCard.
3.4. Balance of the amount outstanding must be paid by cash, bank cheque, credit card-visa or MasterCard.
4. Buyers Responsibilities
4.1. All times subject to damage should be either cleared or protected to enable the tradesman clear access for the work to be performed without hindrance.
4.2. If the buyer requests Scott of All Trades to perform additional works, the buyer will be advised by a representative of the additional costs to be incurred to perform such works.
4.3. Any electrical and/or plumbing works must be carried out by a licensed electrician or plumber and arranged and paid for by the buyer.
4.4. All the rubbish is to be removed by the buyer unless otherwise specified.
5. Paint Colour Specification
5.1. There is no assurance of colour match. Perfect colour matching cannot be guaranteed from one piece to the next. Actual colours and textures may very slightly when compared with initial samples.
