Terms of Trade

The following Terms of Trade apply:

1. PAYMENT TERMS
Terms of payment are on completion of work at pickup, unless otherwise arranged in advance and confirmed in writing by the contractor.
We reserve the right to require either security or payment in advance before delivery of any particular order.

2. INTEREST & LEGAL EXPENSES
If you fail to make a payment by the due date you shall be liable to pay us:
(a) Default interest on the amount outstanding calculated at 13.5% per month, and shall accrue after as well as before judgement.
(b) All expenses including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment.

3. ACCEPTANCE
Any instructions received by the contractor from the client for the supply of services, shall constitute acceptance of the terms and conditions contained herein.

4. OWNERSHIP
Ownership of the goods supplied by us as part of this service is retained by us until payment in full for the goods & services supplied by us to you. You shall hold the goods for us as a fiduciary owner. Notwithstanding any period of credit allowed by us.
Upon default of any payment due by you to us, or either before or after any period of the credit expires, upon you becoming insolvent or having a receiver appointed or going into liquidation, e may enter upon the premises where the goods are kept and recover possession of the goods and resell the same.

5. DELIVERY
Delivery shall be deemed to be completed upon receipt of the service by the customer.

6. WARRANTY
Any defect in workmanship will lead to the client notifying the contractor in writing within 7 days from completion.

7. PRIVACY ACT
7.1. The client permits the contractor to collect, use and retain information concerning the client for the purpose of assessing the client’s credit worthiness or to enforce any rights under this contract.
7.2. The client permits the contractor to disclose information obtained to any person for the purposes set out in 7.1.

8. PERSONAL PROPERTY SECURITIES ACT 1999
8.1. The client agrees that the provisions herein constitute a Security Interest in Personal Property (as those terms are defined in the Personal Property Securities Act 1999 (“PPSA”) in respect of which the contractor may register a financing statement on the Personal Property Securities Register.
8.2. The client hereby waives its rights contained in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the PPSA.

9. CANCELLATION
9.1. The contractor may cancel these terms and conditions, or cancel the service by giving written notice. The contractor shall not be liable for any loss or damage arising from such cancellation.
9.2. The client may cancel services at the contractor’s sole discretions and will be liable for any costs incurred by the contractor.

Definitions:
“Contractor” means JA Ward Panel & paint Ltd
“Client” means the person, authorised agent or legal entity described in the application or stated on the invoice or order form/quote, buying services from JA Ward Panel & Paint Ltd.
“Services” shall mean all services supplied by the contractor to the client and includes any recommendations and advice.