Terms & Conditions
For Your Information Limited (referred to in these terms as “us”, “we” or “FYI Floors”) will only supply and sell Services to you (being the person or entity referred to in this Agreement as “you”) on the following terms and conditions unless we agree in writing to vary these terms and conditions.
1.1 You have requested certain services from us, against which we have provided you with the attached (“Offer”) which unless previously withdrawn, will be valid for 7 days.
1.2 You will notify your acceptance of the Offer to us in writing which will be deemed to be an acceptance of these terms and conditions, notwithstanding any conditions included on your request or acceptance of the offer.
1.3 Any Offer accepted by you may not be cancelled unless agreed by us in writing and, if agreed to by us in writing, will be subject to payment by you of all costs, expenses and losses incurred by us as a result of such cancellation (as reasonably determined by us).
2.1 The terms and date for payment are stated in the Offer.
2.2 Should you fail to pay our invoice by the due date then: (a) We may immediately suspend the provision of Services; (b) We may require you to compensate us by making payment to us on demand of interest on the amount due from the due date until the date of payment at a rate equal to the overdraft rate charged by our bank to us plus a margin of 5% per annum, such interest to be compounded monthly; and (c) You will pay all our costs and expenses (including legal costs) which may be incurred in the recovery or attempted recovery of any overdue amounts from you.
2.3 If the Offer refers to a deposit, we require payment of the deposit with your acceptance of the Offer and prior to us providing any Services. You agree that the deposit is non-refundable should you breach any of the terms of this agreement.
2.4 Unless otherwise specified in the Offer or our invoice, all prices are exclusive of GST, which you must pay when invoiced.
3. Withholding Supply
3.1 We reserve the right, irrespective of whether or not an Offer has been accepted, and without notice to you, to withhold supply to you and we will not be liable for loss or damage resulting directly or indirectly from such action where we have determined, in our absolute discretion, that credit should not or no longer be extended to you.
4. Warranty and Limitation of Liability
4.1 To the extent permitted by law, we exclude all statutory or implied conditions and warranties to the fullest extent permitted by law. All Services are only warranted to the extent expressly specified in the Offer or mandatorily implied by law.
4.2 To the extent permitted by law, we limit our liability to you arising howsoever form the supply of (or failure to supply) any Services or the quality or performance of the Services to the price for the Services stated in the Offer.
5.1 Any reports, correspondence or other documents from us to you may not: (a) Be relied upon by, or disclosed to, any other person; or (b) Filed with any governmental or local authority; or (c) Quoted or referred to in any public document, without our prior consent.
5.2 You agree not to assign this agreement or your rights under this agreement without our prior written consent.
6.1 You agree to indemnify us against any claims, losses, damages, liabilities and expenses of whatever nature arising in whole or in part out of any breach of this agreement by you.
7. Execution, Cost and Governing Law
7.1 If this agreement is signed by you by an agent or on your behalf, that agent or person signing will at all times remain jointly and severally liable for the obligations under this agreement.
7.2 You agree to pay all our costs and expenses (including legal costs) which may be incurred in the enforcement or attempted enforcement of this agreement by us.
8. Privacy Act 1993
8.1 You authorise us to obtain credit or trade references about you from any suitable person and/or organisation and to verify any information provided by any such person and/or organisation for the purpose of the determining whether to extend credit to you.
8.2 If you are an individual, you have the right of access to information about you held by us and you may request correction of that information and require that the request be stored with that information. We may charge reasonable costs of providing access to that information.
9.1 Notwithstanding anything contained in any correspondence between us or elsewhere, this Agreement constitutes the entire Terms and Conditions of the agreement between us in relation to the Services and will prevail over all prior negotiations, proposals, correspondence or previous dealings between us.
9.2 You acknowledge that in entering into this Agreement you did not rely on any representation other than those which are expressly contained in the Offer.
10.1 “Agreement” means the Offer and these terms and conditions.
10.2 “Services” means all services provided by us to you from time to time including (but not limited to) the services described in the Offer accepted by you.