Cabot's decking

Terms and Conditions

 

  1. Supply of Products and Services
    1. The Standard Conditions of Sale as set out in Schedule 1 (Conditions of Sale) apply to all sales by Cabot’s Premium Woodcare Brands a division of DuluxGroup (Australia) Pty Ltd ABN 67 000 049 427 (Cabot’s Premium Woodcare Brands) to the Client under this Quotation. If there is an inconsistency between the terms of this agreement and the terms of the Conditions of Sale, then the terms of this agreement shall prevail to the extent of the inconsistency.
    2. Cabot’s Premium Woodcare Brands will arrange for the timber floor restoration services and coatings products to be applied and as specified in the Quotation (Services) to be undertaken for the Client’s home at the site listed in the Quotation (Site).
    3. The Services will be performed at the Site during the hours of 7am to 5pm weekdays or as otherwise agreed between the parties.
    4. The Customer must complete Pre Commencement checklist.
  1. Payment and invoices
    1. Cabot’s Premium Woodcare Brands may require a non-refundable deposit for the Services prior to commencing works. Cabot’s Premium Woodcare Brands will issue a tax invoice to the Client for the balance owing under the Quotation following the works.  The Client must pay Cabot’s Premium Woodcare Brands invoice on 7 day terms after satisfactory completion of specified works.
    2. Cabot’s Premium Woodcare Brands reserves the right to charge interest on any amount overdue from the Client at a rate of 9% per annum from the due date until payment in full is received. The Client has no right of set off against payments due to Cabot’s Premium Woodcare Brands, including set off for claims against Cabot’s Premium Woodcare Brands.
  1. Termination
    1. This agreement may be terminated by a party giving written notice to the other party if that other party is in breach of this agreement and that breach has not been remedied within 15 days of notice requiring it to do so, or becomes insolvent or is unable to pay its debts as they fall due.
  1. Liability
    1. To the extent permitted by law and subject to clause 2, any liability of Cabot’s Premium Woodcare Brands in respect of the Services is limited to the total value of the order which is the subject of the claim, and Cabot’s Premium Woodcare Brands will have no liability whatsoever to the Client for indirect or consequential loss, including loss of income, revenue, goodwill or opportunity.
    2. If the Australian Consumer Law confers certain rights, guarantees or remedies on you which are not able to be excluded, restricted or modified except in limited circumstances, our liability for breach of any such right, guarantee or remedy is limited to us (at our election),
      1. repair the applied coating system to an equivalent standard; or
      2. pay the cost of having the applied coating system repaired.
  1. Force majeure
    1. A party is not liable for any failure to perform any of our obligations under this agreement as a result of any event beyond its reasonable control including acts of God, fire, flooding, inclement weather, strikes, lockouts or other labour difficulty, inability to obtain any necessary materials, products, equipment, facilities or services on usual terms, power shortage, accidents or breakdowns of plant, machinery or inability to access the Site. In such circumstances, the party may suspend performance of any obligations under this Contract while the event continues without liability in respect of such suspension.
  1. General
    1. Variations: Any changes to this agreement must be in writing and signed by the parties.
    2. Governing law: This agreement is governed by the laws of the state in which the Site is located.

 

 

For the DuluxGroup Terms & Conditions click here

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