8.3 Ending the contract where we are not at fault. Even if we are not at fault, you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract including but not limited to removal of such products and costs of re-packaging and re-stocking products.
9. HOW TO END THE CONTRACT WITH US
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by phone or email. Call customer services on 0279080114 or email us at firstname.lastname@example.org.
Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at The Patio Black Spot Removal Company, Three International Towers, Level 24. 3000 Barangoo Avenue, Sydney NSW 2000, Australia.
Please call customer services on 02 7908 0114 or email us at email@example.com for a return label or to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed or whenever we are required to do so under the ACL;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you $30 per collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described in clause 10.2 below.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services, for example, the size or material of your patio;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0279080114 or write to us at firstname.lastname@example.org
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of the product (which includes GST) will be the price agreed during the order process.
(a) For consumers, the price will be listed on our website or on the price list provided.
(b) For business customers, a quotation will be sent to you by email and the quotation can be accepted online or by signing the quotation and returning it to us by email or post.
We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, you agree to pay us any additional GST that applies to your purchase.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.4 When you must pay and how you must pay. We accept payment with all credit cards, except we do not accept payment with American Express. When you must pay depends on what product or services you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For services, if you are a consumer, you must pay for the goods to confirm a date for our services and the cost of our services and any additional expenses must be paid within 7 calendar days after the completion of the relevant service.
(c) For services, if you are a business customer, you must pay each invoice within 30 calendar days after the date of completion of the relevant service.
12.5 Our right to require prepayment. Notwithstanding clause 12.4(b) and 12.4(c), we may, at our discretion, require prepayment for services.
12.6 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
12.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the Reserve Bank of Australia Cash Rate Target from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.8 What to do if you think an invoice is wrong. If you reasonably think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved but once the dispute is resolved, we will charge you interest on correctly invoiced sums from the original due date.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation.
13.2 To the extent that the ACL applies:
(a) We acknowledge that the ACL provides consumers with guarantees and rights which cannot be excluded, restricted or modified or which may in certain cases only be modified or restricted to a limited extent. Nothing in these Terms excludes, restricts or modifies, or is intended to exclude, restrict or modify, any guarantee, condition, warranty, right or liability implied by law (including any guarantee, condition, right or liability imposed under the ACL) which cannot lawfully be excluded, restricted or modified.
(b) Subject to clause 13.2(a) and to the extent permitted by law:
(i) We hereby exclude all other conditions and warranties, descriptions, representations and guarantees, expressed or implied by statute, general law or custom except any implied condition or warranty or guarantee the exclusion of which would cause this clause to be void.
(ii) our liability in tort, under statute or for breach of contract in relation to goods or services supplied is limited to, at our option, any one or more of the following:
(A) in the case of goods, the replacement, repair or payment of the cost of replacement or repair of the goods; and
(B) in the case of services, supply of the services again or the cost of supplying the services again.
(iii) we will not in any circumstances be liable for any economic, indirect or consequential loss or damage suffered, including loss of profit, loss of income, loss of contracts or business or loss of data howsoever caused, whether incurred by the you or a third party.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to inform you when a product purchased by you requires periodic maintenance;
(c) to process your payment for the products; and
(d) if you agreed to this during the order process or otherwise signed up for such through our website, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
14.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if the proposed transferee is of insufficient creditworthiness in the context of the product to be supplied or if the assignment would otherwise result in us incurring costs and expenses that cannot be covered or reclaimed from the proposed assignee.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New South Wales and both of us submit to the exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with such dispute or claim.