Terms And Conditions Of Trade
- By ordering products or services from us you agree to be bound by these Terms and Conditions.
- Reference to “we”, “our” and ”us” means LoveMy TV Pty Ltd in its capacity as trustee for the Kamala Family Trust and its officers, employees and subcontractors.
- Any quote we give you is not an offer. Quotes apply only to your specific quoted order. They do not apply to any other order or change to your order. They are valid only if in writing and only
for 30 days unless we specify otherwise in writing.
- You must pay our additional charges at our current hourly rate if additional work is required because of undisclosed site or building conditions or features revealed during the course of providing our services, or if you require variations to the products or services.
- You must pay our additional costs as a result of any change by a manufacturer of a product model or its price for a product.
- We retain exclusive intellectual property rights in any plan or design that we create for supply of services or products to your premises.
- We may refuse to accept your order for any reason.
- We may subcontract the supply of any products or services.
- You cannot cancel your order because you change your mind after we have ordered products from manufacturers or started to provide services.
- We will supply products and services according to our current price lists.
- We may change product prices or prices for ongoing services at any time without prior notice to you.
- If we change prices we will inform you of the change before we supply further products or services to you.
- You must pay for our products and services in full and without any deduction within 7 days after we give you an invoice (unless we extend you further credit). Time is an essential term.
- We accept payment only by credit card, direct deposit, cheque, money order or cash (don’t send cash by post). You must pay our specified bank merchant charges for credit card payments.
- If you make a direct deposit, please let us know, and ensure that the deposit contains a reference to you or our invoice. We cannot credit you with payment until we can verify your deposit with our bank.
- If you pay by cheque that is dishonoured, you must pay our bank charges.
- We do not normally extend credit beyond 7 days. If we do, we may specify a credit limit and you must also pay each invoice within the allowed period. Time is an essential term. Despite any credit terms on our invoice, we may withdraw credit at any time for any reason.
- If for any reason your account is overdue, then in addition to our other rights:
- we will not supply any further products or services until it has been paid;
- we may charge you interest at 30% per annum, calculated daily from the due date until payment;
- you must pay (on a full indemnity basis) our legal and other costs of recovering or attempting to recover amounts owing to us; and.
- we may, without liability, detach and remove from your premises any products we have supplied (whether or not they have been incorporated into any fixture or equipment).
TITLE TO PRODUCTS
- We retain title to products we supply until we have received full payment (whether or not they have been incorporated into any fixture or equipment). They then become your property.
- Before we attend your premises you must take all reasonable action to remove any potential hazards that might harm our health or safety, and identify to us any that you have not removed.
- You must pay our additional charges at our current hourly rate for our time spent while we are unable to provide services due to lack of access to your premises (whether caused by your absence at an agreed time, or incorrect, missing or faulty keys or access cards, or the premises not being safe or suitably prepared for us, or free parking not being available for our vehicle within 20m of the premises, or otherwise) or due to your failure to provide suitable housing cabinets that are adequately sized and ventilated.
- If you are a “consumer” as defined by the Australian Consumer Law you are entitled to statutory guarantees that cannot be excluded. The following provisions of this clause apply only If you are not a consumer:
- We may make recommendations or offer advice about products. However, by placing your order you acknowledge that you rely solely on your own decision as to the suitability of the final products for a particular purpose (whether or not you have told us that purpose) and their installation location, and you do not rely on our skill or judgement.
- Unless we expressly agree otherwise, you cannot return incorrectly ordered products. You must return any alleged faulty products to us at your risk and cost.
- We do not warrant the quality or performance of any supplied product. You must rely on any manufacturer’s warranty and comply with manufacturer’s warranty conditions.
- To the extent permitted by law, these Terms and Conditions exclude all statutory warranties and other liabilities in relation to products and services that can be excluded. Your non-excludable statutory rights are not affected.
- If a statutory warranty or other liability cannot be excluded, our liability to you for breach of the warranty or liability is, at our choice, to replace or repair products (or pay for the cost of their replacement or repair), or resupply services (or pay for the cost of their resupply), or refund the amount you have paid to us for the products or services. If we have agreed to replace or repair products (or pay for the cost of their replacement or repair) or resupply services (or pay for the cost of their resupply) and you refuse or prevent their replacement, repair or resupply, you are taken to have unconditionally accepted the original products or services, we have no further liability to you, and you must immediately pay any outstanding account or comply with any credit arrangement.
- We are not liable to you for failure or delay in providing products or services, or for indirect or consequential loss.
- Dates for providing products or services are an estimate only.
- Our maximum liability for damages (whether arising from negligence, breach of contract, breach of express or statutory warranty, breach of other obligation, misrepresentation, or otherwise) is the amount you have paid to us for the relevant service or product.
- If you are unsatisfied with any products or services you must give us written details within 7 days after we have supplied or provided them. Time is an essential term.
- If you have a claim against us you are taken to have abandoned it if you do not commence legal proceedings within 6 months from the date the claim arose. Time is an essential term.
LIMITATION OF LIABILITY
- If we fail to comply with a statutory guarantee for supply of goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited to one or more of the actions allowed by s64A(1) and s64A(2) ACL.
CHANGES TO TERMS & CONDITIONS
- We may change these Terms and Conditions at any time. If we provide ongoing services or products we will notify you of any change.
- Subject to your statutory rights if you are a “consumer”, these Terms and Conditions are the entire agreement between you and us in relation to our services and products. Alleged oral representations by us or anyone on our behalf are excluded.
- Any term or condition (or part of it) that is unenforceable is to be varied to the extent required to preserve the purpose and remainder of these Terms and Conditions, or, if necessary, omitted.
- Any express term or condition on the reverse side or on a document or in an e-mail accompanying these Terms and Conditions prevails to the extent of any inconsistency with these Terms and Conditions.
- The laws of NSW govern these Terms and Conditions. Any claim relating to these Terms and Conditions must be submitted to the exclusive jurisdiction of the Courts of NSW.
LoveMy TV Pty Ltd as trustee for the Kamala Family Trust ABN 42 719 481 579
PO Box 3320, Bangor, NSW, 2234
T: 1300 780 311
M: 0439 888 113