Terms and conditions of trade.

1. GENERAL AGREEMENTS

1.1 By engaging Dossetor and Co to perform services (“Services”) and/or supply materials (“Goods”), You (“the Customer”) agree to be bound by these terms and conditions.
1.2 Unless otherwise agreed in writing by Dossetor and Co, the Customer must pay Dossetor and Co’s invoices for Services and materials and other charges at the time of Dossetor and Co rendering an invoice to the Customer. The Customer must pay Dossetor and Co invoices in full and without deduction, notwithstanding any entitlement that it may have to a credit or offset however arising.
1.3 The Customer agrees that it must within seven days of the date of delivery or completion of the services, give written notice to Dossetor and Co, with particulars of any claim that the services are defective or not in accordance with the agreement between Dossetor and Co and the Customer. In the event that the Customer fails to give such notice within the said period, then to the full extent permitted by law, the services are deemed to have been accepted by the Customer and all claims by the Customer against Dossetor and Co for the services are extinguished and the Customer must pay Dossetor and Co for the Services.
1.4 In the event of the Customer being unsatisfied with Dossetor and Co services, the Customer agrees to allow Dossetor and Co an opportunity to rectify the said services. Where the Customer refuses or otherwise prevents Dossetor and Co from rectifying the services, to the full extent permitted by law, the liability of Dossetor and Co to the Customer for the services shall be extinguished and the Customer will be liable to Dossetor and Co for payment in full of the Dossetor and Co invoices
1.5 The Customer expressly acknowledges and agrees that it has not relied upon, and Dossetor and Co is not liable for any advice given by Dossetor and Co, in relation to the suitability of the services and/or materials which are provided for the customer for a particular purpose.
1.6 Any instructions received by Dossetor and Co from the Customer for the supply of Materials and/or Services supplied by Dossetor and Co shall constitute acceptance of the terms and conditions contained herein.

2. PRICES AND PAYMENT

2.1 Payment of Services will be made by cash, or by cheque (made out to Adam Dossetor), or by Electronic Funds Transfer into the nominated bank account of Dossetor and Co, or by credit card, GooglePay or ApplePay via Stripe (plus a surcharge of up to two point six percent (2.6%) of the Price) for any Stripe transactions, or by any other method as agreed to between the Customer and Dossetor and Co.
2.2 Part Payments (or ‘Deposit’) for materials and labour shall be 50% of the total quote provided to the customer and are to be paid up front to Dossetor and Co at Our discretion. Part Payments must be made by one of the methods set out in 2.1.
2.3 Dossetor and Co reserves the right to change the Price in the event of a variation to Dossetor and Co’s quotation. Any variation from the quoted scheduled materials or Services or specifications (including, but not limited to, any variation as a result of additional services and/or materials required), or due to hidden or unidentifiable difficulties beyond the reasonable control of Dossetor and Co will be added to the invoice. Materials will be subject to clause 2.4 and 2.5 and extra time (labour charge will be calculated at standard Dossetor and Co hourly rates). Payment or deposits for all variations must be made in full at their time of being due and agreed on by the customer.
2.4 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

3. GOODS AND SERVICES TAX [GST]:

3.1 All monies payable to Dossetor and Co and any other consideration for any other “taxable supply” (within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) and associated legislation as amended from time to time) shall unless Dossetor and Co otherwise directs be deemed at all times to be exclusive of GST and/or any other applicable taxes, government charges, levies and/or imposts of any kind whatsoever – any and all of which must be paid by the Customer to Dossetor and Co as and when and in such manner as Dossetor and Co reasonably requires.

4.DEFAULT AND CONSEQUENCES OF DEFAULT

4.1 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Dossetor and Co from and against all costs and disbursements incurred by Dossetor and Co in recovering or attempting to recover the debt including legal costs of a solicitor, and/or debt collection agency costs, on a full indemnity basis.
4.2 Interest on overdue invoices shall accrue daily seven days from the date when payment becomes due, until the date of payment, at a rate of two and a half precent (2.5%) per daily (and at Dossetor and Co’s sole discretion such interest shall compound daily at such a rate) after as well as before any judgment.
4.3 In the event that the Customer’s payment is dishonoured for any reason the Customer shall be liable for any dishonour fees incurred by Dossetor and Co.
4.4 Without prejudice to any other remedies Dossetor and Co may have, if at any time the Customer is in breach of any obligation (including those relating to payment) Dossetor and Co may suspend or terminate the supply of Materials to the Customer and any of its other obligations under the terms and conditions. Dossetor and Co will not be liable to the Customer for any loss or damage the Customer suffers because Dossetor and Co has exercised its rights under this clause.

5. RISK

5.1 The Customer acknowledges that Materials (including but not limited to paint, timber, tiles & concrete) supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour, over time. Dossetor and Co will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
5.2 Dossetor and Co shall not be at all liable what so ever for any movement for ground soil, or bending, twisting, rusting, cracking, rotting, water damage, scratching, moving, loosening of any of the materials Dossetor and Co installs, repairs, constructs, adjusts, and/or assembles that the customer has not taken reasonable steps to prevent.
5.3 Under no circumstances will Dossetor and Co handle removal of asbestos product. The Customer must notify Dossetor and Co of any known asbestos product.
5.4 Tiles and pavers are not guaranteed against crazing, cracking, chipping or scratching.

5.5 Dossetor and Co is not responsible for the removal of rubbish from or clean-up of the building/constructions site/s. This is the responsibility of the Customer or the Customer’s agent, unless otherwise agreed between Dossetor and Co and the Customer at the time of quotation or in writing.

6. TITLE

6.1 Dossetor and Co will retain title to (but not risk in) Goods delivered to the Customer or installed on behalf of the Customer until the Dossetor and Co has received payment in full for them and all other sums owing to it by the Customer.
6.2 Dossetor and Co’s right to retain title does not affect its rights as an unpaid service provider.
6.3 Receipt by Dossetor and Co 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 Dossetor and Co’s ownership or rights in respect of the Materials shall continue.

7. RETURNS

7.1 Dossetor and Co may (at their sole discretion) accept the return of Materials for credit, but this may incur a handling fee of up to forty precent (40%) of the value of the returned Materials plus any time (Labour) to deliver the materials at standard Dossetor and Co Hourly rates .

7.2 Returns will only be accepted provided that:
(a) The Customer has complied with the provisions of clause 2.2; and
(b) Dossetor and Co has agreed in writing to accept the return of the Materials; and
(c) The Materials are returned at the Customer’s cost within seven (7) days of the delivery date; and
(d) Dossetor and Co will not be liable for Materials which have not been stored or used in a proper manner; and
(e) The Materials 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 reasonably possible in the circumstances.
7.3 Non-stockist items or Materials made to the Customer’s specifications are under no circumstances acceptable for credit or return.

8. WARRANTY

8.1 For Materials not manufactured by Dossetor and Co, the warranty shall be the current warranty provided by the manufacturer of the Materials. Dossetor and Co shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.
8.2 To the extent permitted by statute, no warranty is given by Dossetor and Co as to the quality or suitability of the Materials for any purpose and any implied warranty, is expressly excluded. Dossetor and Co shall not be responsible for any loss or damage to the Materials, or caused by the Materials, or any part thereof however arising from the customer

9. COMPLIANCE WITH LAWS

9.1 The Customer and Dossetor and Co shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Services.
9.2 The Customer shall obtain (at the expense of the Customer) all licenses and approvals that may be required for any Services that Dossetor and Co is engaged for.

10. CANCELLATION

10.1 Dossetor and Co may cancel any contract to which these terms and conditions apply or cancel delivery of Materials at any time before the Materials are delivered by giving written notice to the Customer. On giving such notice Dossetor and Co shall repay to the Customer any sums paid in respect of the Price.
10.2 Dossetor and Co shall not be liable for any loss or damage whatsoever arising from such cancellation.
10.3 In the event that the Customer cancels delivery of Materials the Customer shall be liable for any loss incurred by Dossetor and Co (including, but not limited to, any loss of profits) up to the time of cancellation.
10.4 These terms and conditions do not affect the rights, entitlements and remedies compulsorily conferred on the Customer under the Competition and Consumer Act 2010 and other statutes, rules or regulations for the time being in force, and nothing in these conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law and which by law cannot be excluded, restricted or modified.
10.5 In the event that liability cannot be excluded, to the fullest extent permitted by law, Dossetor and Co’s liability to the Customer shall be restricted at Dossetor and Co’s option to a refund of the invoiced amounts, or replacement of the services.

11. SEVERABILITY

11.1 If any provision of this Agreement is judged invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity or unenforceability (unless deletion of such provision would materially adversely affect one of the parties) will not affect the operation or interpretation of any other provision of this Agreement to the intent that the invalid or unenforceable provision will be treated as severed from this Agreement.