These conditions of sale apply to the supply of services by ProtectPlus Total Hygiene and Protection and its Licensees ( all collectively hereinafter referred to as “ ProtectPlus ”).

 

1) Every quotation may be withdrawn or changed at any time until such time as the Purchaser's order is received and accepted by ProtectPlus.It shall be the Purchaser's responsibility to obtain and provide all access, services, permits and facilities, as may be necessary or required for the performance of work by ProtectPlus

 

2)All specifications and particulars submitted by ProtectPlus shall be regarded as approximate only. Descriptions and illustrations contained in any written material shall be treated a s merely presenting a general idea of the services described therein and shall not form part of any contract.Delivery dates and times of service quoted are given in good faith but ProtectPlus shall not be responsible for any delay arising from causes reasonably beyond its control.

 

3) Warranty

 

(i) ProtectPlus warrants to the original Purchaser of the service that any services supplied by it:

 

shall be free from any defect in workmanship; and Are solely of a surface nature and may need fresh treatments depen ding on the use of the surface on which the product is applied.

 

(ii) ProtectPlus shall have no obligations under this Warranty, or any other liability, now or in the future if the surface on which the service is carried out is damaged by:

 

Natural forces, disa sters, or acts of God including, but not limited to, winds, hurricanes, tornadoes, hail, lightning, earthquakes, atomic radiation, insects, or animals;

 

Any act(s) conduct or omissions(s) by any person, or act(s) of war, which damages the surface;

 

Alterations or repairs which include the areas that this service refers to.

 

 

(iii) Except where the Purchaser is taken to have acquired the services as a consumer under State or Commonwealth statutes, all warranties and conditions implied by law are hereby expressly excluded.

 

Protect Plus’s liability for breach of any condition or warranty implied by law (other than a condition or warranty implied by Section 69 of the Trade Practices Act) is limited, subject to Section 68A of that Act, to the supplying of those services again.

 

(iv) In any event, ProtectPlus shall not be liable for special or consequential loss or damages OR diminution or loss of profit suffered by the purchaser, attributable to the product not adhering to the surface to which it is applied.

 

(v) Wher e the Purchaser wishes to allege that the services are not in accordance with specifications the Purchaser must do so by notice in writing within a period of thirty (30) days after treatment as otherwise the service shall be deemed to be in all respects in accordance with such specifications. Purchaser must give ProtectPlus the first right to retreat the area under warranty first.

 

4) For this warranty to remain valid it is the Purchaser’s further responsibility to ensure that any instructions given by Protect Plus and that apply to the treated area after the treatment is completed is strictly carried out.

 

5) Goods and Services Tax (GST) is payable under the New Tax System ( Goods and Services Tax) Act 1999 and any amendments and replacement of that Act.

 

6) The Pur chaser shall pay before commencement of any treatment or works, 50% of the total of the amounted quoted including any applicable taxes. The remaining 50% of the balance shall strictly be paid in full when all treatment and works is deemed completed in the opinion of ProtectPlus.

 

7) Where the Purchaser alleges that ProtectPlus has not carried out the services to their full satisfaction, The Purchaser must do so in writing as per clause 3 (v) and only after full payment is made as per Protect Plus’s terms and co nditions as in

(6) above.

 

8) ProtectPlus shall charge the Purchaser interest on all overdue accounts at the rate of 1% above the overdraft rate charged to ProtectPlus by its bankers from time to time. An account shall be overdue in the event that payment is n ot made strictly within the time specified hereon.

 

9) The Purchaser shall be liable to pay all collection costs including any legal and court charges should ProtectPlus need to pursue the Purchaser for non - payment.

 

10) The Purchaser shall not copy or cause to be copied any specification or technical data supplied by ProtectPlus .

 

NOTE: THESE CONDITIONS APPLY TO ALL QUOTATIONS PROVIDED BY PROTECTPLUS .

THE ACCEPTANCE OF A PROTECTPLUS QUOTATION INCLUDES THE ACCEPTANCE OF THE FOREGOING GENERAL CONDITIONS.

 

End of Document

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