TERMS & CONDITIONS - TIC Bathrooms

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You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. Where we have used 3rd Party content such as images and information, we have acknowledged these here. You must not use or replicate.

Our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by us, in which case we may require you to sign a Licence Agreement.

If you wish to use content, images or other of our intellectual property, you should submit your request to us at the contact us page: ticbathrooms.com.au/contact-us/

The trademarks and logos contained on this Website are trademarks of TIC Bathrooms Pty. Ltd.

Use of these trademarks is strictly prohibited except with our express, written consent.

This Website may contain links that direct you outside of this Website.

These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

We take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or our Services.

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy.

By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy.

To view our Privacy Policy and read more about why we collect personal information from you and how we use that information, click here.

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy.

However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

These terms and conditions are governed by and construed in accordance with the laws of the Australia Capital Territory and New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Australia Capital Territory and New South Wales, Australia.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

5.1 At TIC’s sole discretion the Price shall be either.

(a) as indicated on invoices provided by TIC to the Client in respect of Goods and Services and Services supplied; or

(b) Unless otherwise agreed in writing, all quotations given by TIC are valid for thirty (30) days only.

5.2 Any variation from the scope of scheduled works or specifications will be charged for based on TIC’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.

5.3 All works performed will be performed by TIC during business hours Monday to Friday 7.30am to 4pm at a minimum of 1 hour, at no less than $110.00 ex gst unless otherwise stated in the Customer’s Job Order. Prices are quoted on the basis that works will be performed during business hours referred to in the clause. Work required by the Customer or otherwise necessitated outside of these hours, may increase the quoted price.

5.4 A minimum rate of 2 hours is applicable to any unscheduled attendance outside normal business hours of Monday to Friday at 7:30 am – 4 pm Including state public holidays,

5.5 At TIC’s sole discretion, payment for approved Clients shall be made by instalments in accordance with TIC’s delivery/payment schedule.

5.6 At TIC’s sole discretion, for certain approved Clients, payment will be due on completion of works unless agreed and documented by both the customer and TIC Bathrooms Pty Ltd. This will be stated on the invoice, quotation, or any other order forms. If no time is stated, then payment shall be on delivery of the Goods and Services and Services.

5.7 Payment are to be made EFT (Electronic Funds Transfer) directly to TIC Bathrooms Pty Ltd  bank account, Visa, Master or debut cards, no surcharge will apply to these payments made if available at the time (excluding American excluding payments). Other method as agreed to between the Client and TIC.

5.8 Credit card fee will apply in line with relevant bank charges.

5.9 In the event of a dispute, the complete undisputed portion of the Services (as determined by TIC acting reasonably) must be paid in accordance with the payment terms set out in these Terms.

5.10 In the event that the Customer fails to make any payment by the due date, all monies owing to TIC will become immediately due and payable, and TIC may in its discretion.

5.11 Cease Services, or withhold delivery of Goods and Services and Services, until all monies have been paid in full.

5.12 Engage any debt collection service or person or initiate legal proceedings to recover all outstanding monies.

5.13 Exercise all or any of its rights or powers of recovery or sale as provided for under these Terms.

5.14 Interest on overdue amounts may be charged at a rate of 2.5% compounding per calendar month or part thereof and the Customer is liable for, and expressly undertakes to pay, all such interest

5.15 All pricing is presented prior to GST and other taxes and duties which are applicable.

6.1 Any requested variations, alterations or modifications to the Services ordered by the Customer must be put to TIC Bathrooms Pty Ltd in writing.

6.2 TIC Bathrooms Pty Ltd in its absolute discretion may decide to accept or reject the variation, alteration or modification and will notify the Customer of its decision by any means.

6.3 Where TIC Bathrooms Pty Ltd  rejects any requested variations, alterations or modifications, and has undertaken, ordered or prepared Goods and Services and Services, the Customer will be required to accept the Goods and Services and Services and pay TIC Bathrooms Pty Ltd  in accordance with the original quotation.

6.4 Where any requested variation, alteration or modification is accepted, the original price quoted will be amended to reflect any consequential adjustment to the price of the Services or Goods and Services and Services.

7.1 Delivery of the Goods and Services and Services shall be made to the Client’s address. The Client shall make all arrangements necessary to take delivery of the Goods and Services and Services whenever they are tendered for delivery.

7.2 TIC may deliver the Goods and Services and Services by separate instalments (in accordance with the agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of sale.

7.3 Delivery of the Goods and Services and Services to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

7.4 The Client shall take delivery of the Goods and Services and Services tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that: –

(a) such discrepancy in quantity shall not exceed 5%, and

(b) the Price shall be adjusted pro rata to the discrepancy.

7.5 The failure of TIC to deliver shall not entitle either party to treat this contract as repudiated.

7.6 TIC shall not be liable for any loss or damage, whatever due to failure by TIC to deliver the Goods and Services and Services (or any of them) promptly or at all.

7.7 The Client shall ensure that TIC has clear and free access to the work site at all times to enable them to undertake the works. TIC shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of TIC.

8.1 Should the Services at the Site be held up for reasons beyond TIC control, including occasions TIC encounters Unfavourable Soil, then:

8.2 TIC may recover the costs of such delay from the Customer.

8.3 the Customer shall indemnify TIC from any increased costs, losses or expenses due to such delay; and to the extent permitted by law, TIC will not be liable for any loss or damage incurred by the Customer (or any other party).

9.1 If TIC retains property in the Goods and Services and Services nonetheless, all risk for the Goods and Services and Services passes to the Client on delivery.

9.2 If any of the Goods and Services and Services are damaged or destroyed prior to the property passing to the Client, TIC is entitled, without prejudice to any of its other rights or remedies under these Terms and Conditions of Trade (including the right to receive payment of the balance of the Price for the Goods and Services and Services), to receive all insurance proceeds payable for the Goods and Services and Services. This applies whether Price has become payable under the Contract. The production of these terms and conditions by TIC is enough evidence of TIC rights to receive the insurance proceeds without the need for any person dealing with TIC to make further enquiries.

10.1 The Client hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him by any servant or agent of TIC. The Client acknowledges that he buys the Goods and Services and Services relying solely upon his own skill and judgement and that TIC shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client and shall not be transferable to any subsequent Client.

11.1 The Client shall inspect the Goods and Services and Services on delivery and shall on completion notify the TIC of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote. The Client shall afford TIC an opportunity to inspect the Goods and Services and Services within a reasonable time following delivery if the Client believes the Goods and Services and Services are defective in any way. If the Client shall fail to comply with these provisions, the Goods and Services and Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage.

11.2 For defective Goods and Services and Services, which TIC has agreed in writing that the Client is entitled to reject, TIC’s liability is limited to either (at TIC’s discretion) replacing the Goods and Services and Services or repairing the Goods and Services and Services provided that: –

11.3 the Client has complied with the provisions of clause 8.1.

11.4 TIC will not be liable for Goods and Services and Services which have not been stored or used in a proper manner.

11.5 the Goods and Services and Services are returned in the condition in which they were delivered and with all packaging material, brochures, and instruction material in as new condition as is reasonable possible in the circumstances.

12.1 For Goods and Services and Services not manufactured by TIC, the warranty shall be the current warranty provided by the manufacturer of the Goods and Services and Services. TIC shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer’s warranty.

12.2 Any warranty as to the Goods and Services and Services installed by TIC shall be limited to the written warranty provided by the manufacturer to the Customer on or before installation of the Good.

12.3 TIC reserves the right to make null and void the warranty should the Goods and Services and Services or any part of the works be modified, altered, damaged or put to any undue stress other than in the way the Goods and Services and Services or works were designed to perform.

12.4 TIC warrants that Goods and Services and Services supplied shall be of merchantable quality provided that the Goods and Services and Services are used for their intended purpose.  Where the Good is used contrary to any reasonable instructions provided by TIC the warranty is excluded,

12.5 Make good any damage to the Site or any part thereof caused by any act or omission of the TIC Bathrooms Pty Ltd

13.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act, including the Federal Competition and consumer Act 2010 amendments, or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

16.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.

16.2 If the Client defaults in payment of any invoice when due, the Client shall indemnify TIC from and against all TIC’s costs and disbursements including on a solicitor and own client basis and in addition all TIC’s nominees’ costs of collection.

16.3 Without prejudice to any other remedies TIC may have, if at any time the Client is in breach of any obligation (including those relating to payment), TIC may suspend or terminate the supply of Goods and Services and Services to the Client and any of its other obligations under the terms and conditions. TIC will not be liable to the Client for any loss or damage the Client suffers because TIC exercised its rights under this clause.

16.4 If any account remains unpaid at the end of the second month after supply of the Goods and Services and Services or Services an immediate amount of the greater of $20.00 or 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.

16.5 In the event that: –

16.5.1 any money payable to TIC becomes overdue, or in TIC’s opinion the Client will be unable to meet its payments as they fall due; or

16.5.2 the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters an arrangement with creditors, or makes an assignment for the benefit of its creditors; or

16.5.3 a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client, then without prejudice to TIC’s other remedies at law:

16.5.4 TIC shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and

16.5.5 all amounts owing to TIC shall, whether due for payment or not, immediately become payable in addition to the interest payable under clause 12.1 hereof.

17.1 It is the intention of TIC and agreed by the Client that property of Goods and Services and Services shall not pass until:

17.1.1 The Client has paid all amounts owing for the Goods and Services and Services, and

17.1.2 The Client has met all other obligations due by the Client to TIC in respect of all contracts between TIC and the Client, and that where practicable the Goods and Services and Services shall be kept separate until TIC shall have received payment and all other obligations of the Client are met.

17.2 Receipt by TIC of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then TIC’s ownership of rights in respect of the Goods and Services and Services shall continue.

17.3 It is further agreed that: –

17.3.1 Until such time as ownership of the Goods and Services and Services shall pass from TIC to the Client TIC may give notice in writing to the Client to return the Goods and Services and Services or any of them to TIC. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods and Services and Services shall cease.

17.3.2 TIC shall have the right of stopping the Goods and Services and Services in transit whether delivery has been made or not; and

17.3.3 If the Client fails to return the Goods and Services and Services to TIC, then an TIC agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods and Services and Services are situated and take possession of the Goods and Services and Services.

17.3.4 The Client is only a bailee of the Goods and Services and Services and until such time as TIC has received payment in full for the Goods and Services and Services then the Client shall hold any proceeds from the sale or disposal of the Goods and Services and Services on trust for TIC.

17.3.5 The Client shall not deal with the money of TIC in any way which may be averse to TIC.

17.3.6 The Client shall not charge the Goods and Services and Services in any way nor grant nor otherwise give any interest in the Goods and Services and Services while they remain the property of TIC.

17.3.7 TIC may require payment of the Price or the balance of the Price due together with any other amounts due from the Client to TIC arising out of these terms and conditions, and TIC may take any lawful steps to require payment of the amounts due and the Price.

17.3.8 TIC can issue proceedings to recover the Price of the Goods and Services and Services sold notwithstanding that ownership of the Goods and Services and Services may not have passed to the Client.

17.3.9 Until such time that ownership in the Goods and Services and Services passes to the Client, if the Goods and Services and Services are so converted, the parties agree that TIC will be the owner of the end products.

18.1 Despite anything to the contrary contained herein or any other rights which TIC may have howsoever: –

(a) Where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to TIC or TIC’s nominee to secure all amounts and other monetary obligations payable under the terms and conditions. The Client and/or the Guarantor acknowledge and agree that TIC (or TIC’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary obligations payable hereunder have been met.

(b) Should TIC elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client and/or Guarantor shall indemnify TIC from and against all TIC’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) To give effect to the provisions of clause [14.1 (a) and (b)] inclusive hereof the Client and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint TIC or TIC’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other terms and conditions as TIC and/or TIC’s nominee shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Client and/or the Guarantor in any land, realty or asset in favour of TIC and in the Client’s and/or Guarantor’s name as may be necessary to secure the said Client’s and/or Guarantor’s obligations and indebtedness to TIC and further to do and perform all necessary and other acts including instituting any necessary legal proceedings, and further to execute all or any documents in TIC’s absolute discretion which may be necessary or advantageous to give effect to the provisions of this clause.

19.1 TIC may cancel these terms and conditions or cancel delivery of Goods and Services and Services at any time before the Goods and Services and Services are delivered by giving written notice. TIC shall not be liable for any loss or damage whatever arising from such cancellation. At TIC sole discretion the Client may cancel delivery of Goods and Services and Services. If the Client cancels delivery of Goods and Services and Services, the Client shall be liable for any costs incurred by TIC up to the time of cancellation.

20.1 The Client and/or the Guarantor/s agree for TIC to obtain from a credit-reporting agency a credit report containing personal credit information about the Client and Guarantor/s in relation to credit provided by TIC.

20.2 The Client and/or the Guarantor/s agree that TIC may exchange information about Client and Guarantor/s with those credit providers named in the Application for Credit account or named in a consumer credit report issued by a reporting agency for the following purposes: –

(a) To assess an application by Client.

(b) To notify other credit providers of a default by the Client.

(c) To exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and

(d) To assess the credit worthiness of Client and/or Guarantor/s.

20.3 The Client consents to TIC being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

20.4 The Client agrees that Personal Data provided may be used and retained by TIC for the following purposes and for other purposes as shall be agreed between the Client and TIC or required by law from time to time: –

20.4.1 Provision of Services & Goods and Services and Services.

20.4.2 Marketing of Services and/or Goods and Services and Services by TIC, its agents or distributors in relation to the Services and Goods and Services and Services.

20.4.3 Analysing, verifying, and/or checking the Client’s credit, payment and/or status in relation to provision of Services/Goods and Services and Services.

20.4.4 Processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and

20.4.5 Enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services and Goods and Services and Services.

20.4.6 TIC may give, information about the Client to a credit reporting agency for the following purposes:

20.4.7 to obtain a consumer credit report about the Client; and/or

20.4.8 allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

21.1 At TIC’s sole discretion, if there are any disputes or claims for unpaid Goods and Services and Services and/or Services then the provisions of the Building and Construction Industry Security of Payments Act (state specific) may apply.

21.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act (state specific), except to the extent permitted by the Act where applicable.

22.1 Unless otherwise stated in writing by TIC, the cost or quoted price in respect of all digging, excavation, dewatering and similar works (Excavation Works) is based on the soil or ground being clean and not dense (e.g. clay soil) or rocky (Unfavourable Soil).

22.2 If TIC encounters Unfavourable Soil whilst undertaking the Services, then TIC may:

22.2.1 delay or extend the date that Services are due to be completed.

22.2.2 charge an additional fee or cost to cover the cost in respect of the additional work and time required to undertake the Services (including the Excavation Works).