Terms and Conditions

as at August 2013

Definitions and Descriptions:

In these Terms and Conditions, unless the context otherwise states or requires:

  • Flooring Vision: Means Carpet Vision Limited and any and all its subsidiaries
  • CVL: Means Flooring Vision, Carpet Vision and any and all its subsidiaries
  • Service Provider(s): means , CVL, the person(s) or company, you have asked to provide the service to you
  • Tradesperson(s): Means any person that CVL have contracted (wish to contract), or have employed to provide any and all services to the Purchaser
  • Purchaser: Means the Person, Partnership, Company or Buyer purchasing or buying any Services, Consumables, Materials or Goods from CVL or any of its Service Providers
  • Products and/or Service(s): Is defined as any products and/or service(s) being purchased by the Purchaser from CVL or any of its designated Service Providers
  • Contract: Is defined as any and all Contracts between CVL and/or its Service providers and the Purchaser/Buyer for the purchase of services and/or goods
  • Date of Agreement or Contract: Is defined as any and all Contracts that are agreed as coming from any conversation, and or written Quote or Estimate given or provided by CVL or any of its designated Tradesperson(s). i) the date of acceptance of the order by CVL and/or it’s Tradesperson; or ii) Where the contract arises from a quotation given by CVL, the date upon written notification of acceptance of the quotation is received by CVL
  • Delivered: Means the delivery of a service, and or message in person, by hand, E-mail, letter, facsimile or otherwise as deemed reasonable and appropriate at the time
  • Contract /Agreed Pr Means the price of services and/or goods as agreed between the Purchaser and CVL and/or its Service Providers/Tradesperson(s) at the time of quote or provision of service and/or goods
  • Person(s): Is inclusive of any business, corporation, association, firm, company, partnership and/or individual
  • Quotation or Quote: Means any price on offer for a fixed term in writing
  • Manager or Team Leader/Manager: Means CVL’s designated decision maker at that time

Quotation:

  • The Purchaser may request a Quotation from CVL and/or its Service Provider setting out the price and quantity of the goods to be supplied
  • Upon request, a Quotation will be provided by CVL and/or its Service Provider or its authorised representative if it is deemed reasonable to do so
  • If CVL and/or its Service Provider consider that a quotation is not appropriate for the work for any reason whatsoever, then CVL and/or its designated Service Provider may choose not to do so
  • If the Quotation is acceptable to the Buyer, the Buyer may place an acceptance of the Quotation in writing within the detailed time frame as specified on the Quotation. This in turn, will be acknowledged in writing by CVL and/or the Service Provider of the work and/or service
  • The providing of a Deposit suitable to CVL and/or its Service Provider, is deemed to be full acceptance of the Quotation

Acceptance:

  • If any Quotation or written/emailed directive or instruction is received by CVL and/or its Service Provider from the Purchaser for the supply of its services and/or materials and products, it shall constitute immediate acceptance of all the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Purchaser, the terms and conditions are definitive and binding at all times
  • As above, the paying of a Deposit acceptable in its amount by CVL and/or its Service Provider is deemed to be the full acceptance of the Quotation

Terms and Conditions:

  • The terms and conditions herein along with any and all subsequent terms and conditions issued by CVL and/or its Service Provider shall apply to all acceptance(s) of Quotations, Work Orders and jobs for the supply of services and/or goods provided by CVL
  • This shall apply to the purchaser from the date and time of acceptance from which these terms and conditions are first delivered or sent by email, or otherwise brought to the notice of the Purchaser, any of its employees, staff members or representatives of the Purchaser
  • It shall be the Purchaser’s responsibility to ensure that these Terms and Conditions are promptly brought to the attention of the appropriate staff person(s) of the Purchaser, and accordingly any order made by the Purchaser and/or its designated person, after the date and time described above in this clause shall be deemed to be an acceptance of these Terms and Conditions
  • CVL shall by law be entitled at any time to cancel all or any part of any service and/or materials and goods agreement, acceptance of quotation or order of the Purchaser that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to CVL and/or its Service Provider shall, whether or not due for payment, immediately become payable

Price and Payment:

  • The Price shall be as indicated on quotations and/or invoices provided by CVL and/or its Service Provider to the Purchaser in respect of any and all services and/or products supplied; or
  • The Pr Means the actual CVL Retail/Sell-price, at the date of the agreement to provide the service and/or materials and goods. This price is subject to change by agreement between the parties such as price at time of purchase
  • Payment: Payment for the products and/or services shall be of the essence at all times and will be stated on the invoice, quotation, offer, tender, work sheet, job sheet or authorisation form or any other work commencement forms deemed acceptable at the time. If no time is stated then payment shall be due on delivery/completion of any service and/or goods with no exceptions
  • The Purchaser agrees that the Price shall be determined by CVL and/or its Service Provider, and shall take into consideration "one-off" costs such as specific delivery, contract work provided, any and all cost of extra work in such areas as production or design specific
  • CVL and/or its Service Provider, reserve the right to implement a surcharge for changes and/or alterations to any agreed price, quotation, agreement, job card or sheet or specifications of services and/or materials and products after the quotation or order has been agreed by both parties in writing

Ownership:

  • Any services and/or goods and materials supplied by CVL and/or its Service Provider, and any contractor CVL and/or its Service Provider, have used in the service and/or supply of goods, shall remain the property of CVL and/or its Service Provider, until such time as the invoice amount is paid in full.
  • If any money remains unpaid to CVL and/or its Service Provider, or you are in breach of any obligation to us, CVL and/or its designated agent as authorised by law will act on CVL and/or its Service Providers behalf to collect any and all debts and /or property and materials. As such they are authorised by law to enter your premise and recover and resell any or all of those goods and materials.
  • Further to this, CVL and/or its Service Provider reserve the right to place security as deemed reasonable by CVL and/or its Service Provider at the time, on the PPSR (Personal Property Securities Register), until payment is made in full and final settlement.

Payment, Default of Such, Consequences of Default:

  • 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 CVL and/or its Service Provider
  • Subject to any provision to the contrary in the Contract, payment (being cash unless otherwise arranged in advance and confirmed in writing by CVL and/or its Service Provider), shall be received on or before 7 days following the date of CVL’ and/or its Service Providers invoice to the Purchaser, which shall be issued promptly, either prior to the work starting, or delivery of goods, materials or services, on the beginning of the work or services being provided, or where deemed appropriate, after delivery of the services, goods and materials
  • Late payment of any kind shall incur interest at the specified rate of 15.7% per annum and is calculated on a daily basis. This shall be payable on any monies outstanding under the Contract/Agreement from the date payment was due until the date payment is received by CVL and/or its Service Provider, this being, without prejudice to CVL’s and/or its Service Providers other rights or remedies in respect of the Purchaser’s default in failing to make payment on the due date as agreed
  • Without prejudice to any other remedies the CVL and/or its Service Provider may have, if at any time the Purchaser is in breach of any obligation (including those relating to payment); the CVL and/or its Service Provider may suspend or terminate the supply of any and all Services and/or Goods to the Purchaser and any of its other obligations under the Terms and Conditions herein. CVL and/or its Service Provider will not be liable to the Purchaser for any loss or damage the Purchaser or any related party, suffers because CVL and/or its Service Provider exercised its rights under this clause as specified
  • In the event that:
    a. any money payable to CVL and/or its Service Provider becomes overdue, or in CVL’s and/or its Service Providers opinion the Purchaser will be unable to meet its payments as they fall due; or
    b. the Purchaser 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
    c. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Purchaser or any asset of the Purchaser; then without prejudice to CVL’s and/or its Service Provider’s other remedies at law

All Governing Laws:

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 Services and/or Products or in fact, these Terms and Conditions of Trade.

Dispute Resolution:

CVL and/or its Service Providers will endeavour to resolve any dispute between the Purchaser and CVL and/or its Service Provider. Any such attempt is without legal prejudice. CVL and/or its Service Provider reserves the right to assist with resolution by providing information as required to provide said resolution between the purchaser and either CVL and/or its Service Provider.

Reservation of Title:
Ownership and title of the Services/Goods/Materials and associated contractors services and/or goods remains with CVL and/or its Service Provider until the purchased price and all other monies owing by the Purchaser, under the contract or any other contract to CVL and/or its Service Provider, have been paid in full.

Warranty:

  • CVL and/or its Service Provider warrants that it (by means of the Service Provider contracted at that time), the Service Provider will repair or make good any defects in the service and/or goods, if written notice of the claim is received by CVL and/or its Service Provider within seven (7) days from the date the service and/or goods were completed and/or delivered
  • No claim shall be accepted under such warranty if any attempt to repair the defective goods is made by any person(s) not authorised by CVL and/or its Service provider in writing, or if the defective service and/or goods have been modified or incorrectly placed, installed, stored, maintained, used or used for a purpose not deemed acceptable or reasonably by CVL and/or its Service Provider
  • If CVL and/or its Service Provider elects to repair or replace any defective service and/or goods, such work shall be undertaken at such place as CVL and/or its Service Provider may reasonably specify at that time (should that not be at the place of residence), and the Purchaser shall be responsible for any other costs associated with such work

Liability:

CVL and/or its Service Provider shall not be liable for any loss of any kind whatsoever suffered by the Purchaser as a result of any breach of any of CVL’s and/or its Service Provider obligations under the contract/agreement, including any cancellation of the contract/agreement or any negligence on the part of CVL, its Service Providers, servants, agents or contractors, nor shall CVL be liable for any loss, damage or injury caused to the Purchaser, their servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Purchaser shall indemnify CVL and/or its Service Providers against any claim by any such person at any and all times.

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