EASTERN BAYS MOBILE LOCKSMITHS
TERMS AND CONDITIONS OF SUPPLY
EASTERN BAYS MOBILE LOCKSMITHS all products and services on the following terms, no variation of these terms is effective unless in writing and signed by the Company. Within these terms of condition and supply the following are defined as follows:
• 1. THE COMPANY
is defined EASTERN BAYS MOBILE LOCKSMITHS and its appointed contractors. The parties to a particular contract shall be the customer.
• 2. PRODUCT
any goods supplied to a customer by EASTERN BAYS MOBILE LOCKSMITHS
3. SERVICES
any service supplied by EASTERN BAYS MOBILE LOCKSMITHS to a customer or at a customer’s request.
• 4. ACCEPTANCE
the customer’s execution of this agreement or the making of any order will be deemed to be an acceptance by the customer of these terms.
Supply And Delivery
• The customer may place orders for products and services EASTERN BAYS MOBILE LOCKSMITHS will use its best endeavours to deliver all products and services within the agreed time or within fourteen business days of receipt of each order if no such time has been agreed upon EASTERN BAYS MOBILE LOCKSMITHS has no obligation to deliver any product or service unless EASTERN BAYS MOBILE LOCKSMITHS accepts the order.
• The time of supply will be extended if, for any reason/s outside of EASTERN BAYS MOBILE LOCKSMITHS reasonable control, products or services are not able to be procured, or EASTERN BAYS MOBILE LOCKSMITHS are not able to obtain unimpeded access and facilities in the premises in which products or services are to be supplied.
Replacement/Substitution of Products
• EASTERN BAYS MOBILE LOCKSMITHS shall use reasonable endeavours to obtain products and/or services that have been ordered by the customer. Where it becomes impracticable for EASTERN BAYS MOBILE LOCKSMITHS to provide any product or service already ordered, EASTERN BAYS MOBILE LOCKSMITHS will use reasonable endeavours to provide substitute product or service reasonably suitable for the customer’s requirements. The customer shall be free to accept or decline that offer. In the event that it is impracticable for EASTERN BAYS MOBILE LOCKSMITHS to supply a product or service, the customer shall have no claim against EASTERN BAYS MOBILE LOCKSMITHS.
Place of Delivery
Delivery will take place when:
• If EASTERN BAYS MOBILE LOCKSMITHS has agreed to install any locking mechanism on or in the customer’s premises, remote or garage door motor delivery shall take place when the locking mechanism/system is installed.
In all other cases, delivery shall take place:
o When the customer uplifts products from the premises of EASTERN BAYS MOBILE LOCKSMITHS.
o EASTERN BAYS MOBILE LOCKSMITHS STAFF or contractors deliver products to the customer or to the customer’s premises.
o When products are provided by EASTERN BAYS MOBILE LOCKSMITHS to a courier for delivery to the customer.
o Further to the above goods delivered via courier to the customer, delivery shall be deemed to have taken place when the product is provided to the courier for delivery.
o The customer accepts all risk relating to the product following delivery.
o The customer accepts the terms of carriage which will be the standard terms upon which the carrier carries goods for EASTERN BAYS MOBILE LOCKSMITHS and its customers.
Price
• The price payable for products and services will be the price specified in any order, or agreement. Where no price is specified, EASTERN BAYS MOBILE LOCKSMITHS standard price for the product or service at the time of the order will apply.
• EASTERN BAYS MOBILE LOCKSMITHS MAY amend prices from time to time and will notify the customer in writing, effective immediately. Amended pricing will not affect the price payable for products or services already ordered.
Ownership
• EASTERN BAYS MOBILE LOCKSMITHS will retain legal and beneficial ownership of any and all products and other goods which the products have been incorporated into until it receives payment in full for them and all other amounts owing to it. The customer irrevocably grants EASTERN BAYS MOBILE LOCKSMITHS a licence to enter upon the premises in which any products are installed and remove the products at any time until payment for the products, services and any other monies owing to EASTERN BAYS MOBILE LOCKSMITHS is made.
Trading Accounts
• Trading accounts are available to approved customers upon application to, and approval of EASTERN BAYS MOBILE LOCKSMITHS trading accounts will be on terms specified by EASTERN BAYS MOBILE LOCKSMITHS from time to time. Our credit policy is strictly 20thof the month following, or 7 days, as per arrangement with EASTERN BAYS MOBILE LOCKSMITHS.
Late Payment
• If the customer does not pay any amount payable to EASTERN BAYS MOBILE LOCKSMITHS by the due date for payment, the customer may be liable for any debt collection, interest and other associated costs for late monies paid (in addition to the customer remaining liable for the full amount outstanding to EASTERN BAYS MOBILE LOCKSMITHS interest rate on the amount due from the due date until the date of payment will be equal to 5% per day above the current overdraft rate which EASTERN BAYS MOBILE LOCKSMITHS.
• EASTERN BAYS MOBILE LOCKSMITHS reserve the right to place accounts on Stop Credit (without notice) should payment not be received by the end of the month following the period end date on your statement. This allows ten extra days for consultation regarding invoices, credits etc. EASTERN BAYS MOBILE LOCKSMITHS Unable to extend credit any further than the terms stated above.
Product Warrenties
• Where products have a third party warranty, EASTERN BAYS MOBILE LOCKSMITHS will (to the extent permitted by the third party) allow the customer to benefit from that warranty, but will not itself be liable under that warranty. Hardware warranties do not apply to products supplied by the customer.
• In addition, EASTERN BAYS MOBILE LOCKSMITHS warrants all workmanship in the completion of services, and installation of products supplied by us, for a period of twelve (12) months following the date upon which such services were carried out and hardware supplied. We do not, however, guarantee hardware failure due to lack of maintenance on the customer’s behalf, or for any reasons attributable to environmental and/or joinery factors beyond our control (this includes but is not limited to door and/or window frames in either wood, aluminium or a combination of both moving or dropping), and normal callout charges apply in these instances.
Customer's Indemnity
• The customer warrants that it has full authority to authorise EASTERN BAYS MOBILE LOCKSMITHS to install any product installed by EASTERN BAYS MOBILE LOCKSMITHS at the customer’s request. The customer indemnifies EASTERN BAYS MOBILE LOCKSMITHS against the consequences of any claim by any third party following installation of the products at the direction of the customer. Such indemnity extends to reasonable legal costs incurred by EASTERN BAYS MOBILE LOCKSMITHS arising out of any claim by the third party.
• The customer shall provide EASTERN BAYS MOBILE LOCKSMITHS full access to premises in which products are to be installed and adequate power, lighting, and other facilities to allow EASTERN BAYS MOBILE LOCKSMITHS to install or service products. EASTERN BAYS MOBILE LOCKSMITHS may make further charges to the customer should there be any delay, or additional attendances as a consequence of lack of access to facilities, or lack of adequate facilities. The customer will advise EASTERN BAYS MOBILE LOCKSMITHS if it is necessary for EASTERN BAYS MOBILE LOCKSMITHS to co-ordinate with any other tradespersons.
Limitations of liability
• Any liability of EASTERN BAYS MOBILE LOCKSMITHS the failure of a product or service shall be limited to the cost of repair or replacement of that liability or product and in no event shall EASTERN BAYS MOBILE LOCKSMITHS be liable for consequential losses arising out of a EASTERN BAYS MOBILE LOCKSMITHS PRODUCT or service.