“Company” means Liv Light Ltd.
“Buyer” means the person, or company buying the goods from the Company.
“Goods” and/or “services” mean the products and/or services being purchased by the Buyer from the Company.
“Contract” means the contract between the Company and the Buyer for the purchase of the goods and/or services.
“Contract price” means the price of goods as agreed between the Buyer and the Company.
Person includes a corporation, association, firm, company, partnership or individual.
“Quotation” shall mean price on offer for a fixed term.
“Manager” is the companies appointed decision maker.
“Default Rate” means 5% above the commercial overdraft rate charged by Liv Light bank from time to time.
“Design Fee” means $1,500 + gst in return for a preliminary plan and estimated cost.
“Deposit” means 50% of the confirmed order, payable the 20th of the month following the date of the companies invoice.
The Buyer may request a Quotation from the Company setting out the price and quantity of the Goods to be supplied. If the Quotation is acceptable to the Buyer, the Buyer may place an order within the quoted timeframe.
If any instruction is received by the Company from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding. Once engagement is confirmed with Liv Light the deposit is payable and the design fee can be waived/credited against the balance of the project.
DECLINING OF A PROPOSAL
The Buyer may choose to decline the proposal for supply of products and/or services. Once engagement is declined with Liv Light the Design fee will be payable. Any alterations made beyond the preliminary design will also be invoiced accordingly.
TERMS AND CONDITIONS
These terms and conditions and any subsequent terms and conditions issued by the Company shall apply to all orders for the goods and the services made by the Buyer after the date and time at which these conditions are first delivered or sent by email or facsimile to, or otherwise brought to the notice of, any employee, staff member or representative of the Buyer. It shall be the Buyer’s responsibility to ensure that these conditions are promptly brought to the attention of the appropriate staff of the Buyer, and accordingly any order made by the Buyer after the date and time described above in this clause shall be deemed to be an acceptance of these conditions.
The Price shall be as indicated on invoices provided by the Company to the Buyer in respect of products and/ or services supplied.
Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods.
The Buyer agrees that the cost Price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production.
The Company reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed.
PAYMENT, LATE PAYMENT, DEFAULT OF PAYMENT AND CONSEQUENCES OF DEFAULT OF PAYMENT
The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and the Company.
Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing by Liv Light Ltd. or appointee) shall be received on or before the 20th of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.
Late payment shall incur interest at the default rate per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by the Company, but without prejudice to the Company’s other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
Without prejudice to any other remedies the Company may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), the Company may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. The Company will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
In the event that:
Any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
The Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.
These Terms of Trade will be interpreted in accordance with applicable government legislation, which will have exclusive legal jurisdiction over any dispute in relation to the products and/or services or these Terms of Trade.
The Company will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.
RESERVATION OF TITLE
Ownership and title of the goods remains with The Company until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to The Company, have been paid in full. The Lighting Design provided will remain property of Liv Light Limited. It may not be used by, or distributed to any third party without payment of design fees or consent by Liv Light Limited.
The Company warrants that it will repair or make good any defects in the goods, if written notice of the claim is received by the Company within thirty (30) days from the date the goods were delivered. No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person not authorised by the Company, or if the defective goods have been modified or incorrectly stored, maintained or used. If the Company elects to repair or replace any defective goods, such work shall be undertaken at such place as the Company may reasonably specify and the Company shall be responsible at its cost and risk for shipment of the defective goods to the place specified.
Liv Light warrants that all Liv Light products:
- Are free from defects in materials and workmanship and conform to Liv Light’s applicable specifications for that product.
- Are of acceptable quality for their type and use, are fit for the purpose for which they are designed, and they comply with our description and specifications for them.
- Comply with any sample of the same product we have given you.
- Have facilities for repair and a supply of parts will be reasonably available for a reasonable period after supply of the products.
- Our warranty is for a period of one year from the date of your purchase. From which time the manufacturers warranty will come into force.