AU Terms & Conditions of Service
Terms & Conditions of Service
1.1 You, the customer wish to appoint us, Kitset Assembly Services (KAS) to provide the assembly services specified in the job description (Services) at the price agreed (Price) on the terms and conditions set out in this agreement.
1.2 These terms and conditions together with the job description on record constitute the entire agreement between us for the provision of Services (“Agreement”). We have the right to amend or update the terms and conditions at any time.
1.3 The Agreement comes into effect on the date on which will typically be the date on which a contract was formed through offer, acceptance and consideration.
1.4 You acknowledge that:
(a) we are providing the Services independent of the retailer whom you may have purchased the product(s) to be assembled.
(b) any issues relating to the product are to be directed to the retailer where the product was purchased. It is your responsibility to arrange for the replacement of damaged or faulty products. We may be able to assist by describing any fault that we have identified. However, if we have turned up to carry out the Service and we are unable to provide the Service, we may retain or invoice you for up to 60% of the Price as we will not be able to arrange a replacement job at such short notice. When the Service is rescheduled, you may be required to pay the full Price again.
(c) our obligations are owed only to you as the customer (and not to any third party connected with you) and only by us and not by our officers, employees or contractors.
(d) all representations, statements, understandings and undertakings either written or oral made before the date of this Agreement will be superseded and replaced by the terms of this Agreement.
2. Our Obligations in the Performance of Services
2.1 In the provision of the Services, we will:
(a) exercise all due care, diligence and skill in assembling the product(s). You must accept that despite our best care, some marking of the product is inevitable and minor scratching/abrasions to the surfaces of products occurs.
(b) check all products visually for signs of external damage prior to and on the completion of the Service.
(c) comply with all applicable legislation and all generally accepted industry standards and specifications and shall ensure.
(d) use our best efforts to provide the Services on the dates and at the times agreed between us, however you acknowledge that these dates and times are estimates only and we will accept no liability in respect of any delay in meeting such dates or times.
(e) bring all equipment and tools to assemble the product and leave the work area in the same state as when we arrived. All product packaging will be removed from the site as part of our packaging removal service. Only the packaging that came with the products that we assembled will be removed.
3. Your Obligations in relation to the Services
3.1 You shall:
(a) promptly provide all information, directions, assistance and cooperation reasonably required by us to enable us to properly provide the Services.
(b) ensure the product, all parts and any instruction sheets or manuals are complete and in one place together.
(c) advise us on how the product is to be secured/anchored by providing us with the relevant instruction sheets. If you ask us to secure/anchor that product differently from the instruction sheets, then we will not be liable for any damage that occurs as a result of that product being secured/anchored. Where instructions sheets are not provided, then we will not secure/anchor that product unless requested, in which case, we will not be liable for damage that occurs as a result of that product being secured/anchored.
(d) if a product requires any building consent prior to it being assembled (such as a garage, shed or carport over 20m2), apply, pay and obtain such consent before the product is assembled and we are entitled to rely on your advice that such consent has been obtained.
(e) give us at least 24 hours’ notice of any cancellation or change to the scheduled time otherwise we may retain or invoice you for up to 60% of the Price as we will not be able to arrange a replacement job at such short notice. When the Service is rescheduled, you may be required to pay the full Price again.
(e) ensure you are insured against any loss or damage for which we have excluded or limited liability in this Agreement.
3.2 Where you request us to provide any additional service which results in the description of Services being increased from that specified originally, we shall provide those additional services, subject to you agreeing to pay such additional charges for that service as we consider appropriate and you agree that there may be subsequent changes to the time scales or dates for performance of the Services.
3.3 We both agree at all times to co-operate and deal with each other in good faith for the provision of the Services.
4.1 At our discretion, we may require you to pay the Price in full before the Services are commenced or immediately once the Services are completed.
4.2 The Price assumes a clear, dry accessible site on level ground with at least 0.5m of access to the product on each side.
4.3 Any fee we charge for trade co-ordination relates to the time taken by us to ensure that Services are appropriately scheduled. We will ensure that any trades people that we use to enable us to provide the Services are appropriately qualified however we take no responsibility for their work and their contractual relationship will be directly with you as the customer.
4.4 At our discretion, we may require you to pay the Price in full before the Services are commenced or immediately once the Services are completed.
The Price assumes a clear, dry accessible site on level ground with at least 0.5m of access to the product on each side.
Any fee we charge for trade co-ordination relates to the time taken by us to ensure that Services are appropriately scheduled. We will ensure that any trades people that we use to enable us to provide the Services are appropriately qualified however we take no responsibility for their work and their contractual relationship will be directly with you as the customer.
Where agreed payment terms have not been met, debt collection and/or legal proceedings may follow. A late payment fee of $50 will be invoiced to accounts with outstanding balances. If an account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal to 25% of the unpaid portion of the price & other legal & recovery costs not covered by the fee, but not less than $50. The account may also be recorded on the relevant credit information database.
Interest at 2% monthly above the bank unsecured overdraft rate and other bank costs, will also be charged on any overdue payments.
5.1 We will undertake remedial work as a direct result of poor workmanship that is identified by you within 7 days of the date of the completion of the Services.
5.2 We are only liable to you under this Agreement, for any direct loss or damage as is actually suffered by you as the result of a breach by us of any of our obligations under this Agreement unless such loss or damage is as a result of you or a third party carrying out modifications, adjustments, repairs or remedial work to the product without our consent.
5.3 To the extent permitted by law, all liability in respect of any indirect or consequential loss, any loss of profit, use, anticipated savings, goodwill, reputation or business contracts, claims brought against you by any third party, or any other form of pure economic loss whether arising in contract, tort (including negligence) or otherwise are excluded.
5.4 The maximum liability of us to you under this Agreement shall be equal to the Price. The Price has been calculated on the basis that we can exclude or limit liability as set out in this Agreement. You confirm you will bear yourself (or insure against) any loss for which we have excluded or limited liability.
5.5 No action, regardless of form, arising out of any alleged breach of this Agreement or obligation may be brought by you more than 12 months after the cause of action has occurred.
6. Termination/Expiry of the Agreement
6.1 This Agreement is terminated or expires by any one or more of the following:
(a) When both parties agree in writing;
(b) Once the Services have been completed;
(c) If we give you one weeks’ notice.