Terms and Conditions of Sale
1.1 Land Lord Solutions Ltd shall mean Land Lord Solutions Ltd, or any Franchisee entity, agents or employees thereof.
1.2 “Customer” shall mean the Customer, any person acting on behalf of and with the authority of the Customer, or any person purchasing goods or services from Land Lord Solutions Ltd.
1.3 “Goods” shall mean all goods; chattels supplied by Land Lord Solutions ltd to the Customer and shall include any fee or charge associated with the supply of goods by Land Lord Solutions ltd to the Customer.
1.4 “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.5 “Services” shall mean all services provided by Land Lord Solutions ltd to the Customer and shall include without limitation the provision of all services and supplies, any charges for labour and work, hire charges, insurance charges, or any fee or charge associated with the supply of services by Land Lord Solutions ltd to the Customer.
1.6 “Price” shall mean the cost of the goods or services as agreed between Land Lord Solutions ltd and the Customer subject to clause 4 of this contract.
2.1 Any instructions received by Land Lord Solutions ltd from the Customer for the supply of Goods or Services shall constitute acceptance of the terms and conditions contained herein.
3. COLLECTION AND USE OF INFORMATION
3.1 The Customer authorises Land Lord Solutions Ltd to collect, retain and use any information about the Customer for the purpose of assessing the Customer’s credit worthiness and for debt collection purposes. The Customer authorises Land Lord Solutions Ltd to provide any information about the Customers credit position to any persons who may seek that information.
3.2 The Customer agrees that any information collected by Land Lord Solutions Ltd about the Customer may be used by Land Lord Solutions Ltd in the course of its business, for example to market any goods and services provided by Land Lord Solutions Ltd to any other party.
3.3 The Customer must notify Land Lord Solutions Ltd of any change in circumstances that may affect the accuracy of the information provided by the Customer to Land Lord Solutions Ltd.
3.4 Where the Customer is a natural person: the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993; and the Customer may access and request the correction of any personal information which Land Lord Solutions Ltd holds about the Customer.
4.1 Where no price is stated in writing or agreed to orally the Goods or Services shall be deemed to be sold at the current amount as such goods are sold or provided by Land Lord Solutions Ltd at the time of the contract.
4.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the goods or services that is beyond the control of Land Lord Solutions Ltd between the date of the contract and delivery of the goods or providing of the services, as the case may be.
5.1 Payment for all goods or services shall be made in full no later than the 20th of the month following of receipt of delivery of Goods or the provision of Services, as the case may be (“the due date”).
5.2 Compound interest may be charged on any amount owing after the due date at the rate of 1% per day.
5.3 Any expenses, disbursements and legal costs incurred by Land Lord Solutions ltd in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
5.4 Receipt of a cheque, bill of exchange, or other negotiable instrument shall not constitute payment until such negotiable instrument is paid in full.
6.1 Where a quotation is given by Land Lord Solutions Ltd for goods or services:
6.1.1 The quotation shall be valid for 30 days from the date of issue; and
6.1.2 The quotation shall be exclusive of Goods and Services tax unless specifically stated to the contrary.
6.2 Where goods or services are required in addition to the quotation the Customer agrees to pay for the additional cost of goods or services.
6.3 An extra charge will apply if:
6.3.1 the job is delayed due to the customer’s reason;
6.3.2 the customer requires extra work, e.g.; cutting downlights or blue strapping.
6.3.3 the customer changed plan without notice Land Lord Solutions ltd which leads to a upgrade of products or an increase amount of products.
7. USE OF DISCOUNT PRICING
7.1 Land Lord Solutions Ltd may, entirely at its discretion, offer discount pricing to the Customer for use on a case by case basis.
7.2 The offer of discount pricing does not entitle the Customer to any other special offer.
7.3 Discount pricing structures can be withdrawn, changed or deleted entirely at Land Lord Solutions ltd discretion.
8.1 Risk in any Goods agreed to be supplied to the Customer passes from Land Lord Solutions ltd to the Customer upon the Goods leaving the premises of Land Lord Solutions Ltd for delivery to the Customer, even if title has not yet passed to the Customer.
8.2 If the Customer chooses to use their own carrier for collection of Goods, the Goods will be deemed to have been delivered to the Customer at the time of leaving the premises of Land Lord Solutions ltd . The Customer accepts that at the time of collection of the Goods from Land Lord Solutions ltd premises, the Customer will be liable for any loss or damage to the Goods during the process of delivery Land Lord Solutions Ltd will not accept responsibility or liability for any loss or damage that may result from the Customer arranging their own carrier.
8.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Land Lord Solutions Ltd making time of the essence.
8.4 Where Land Lord Solutions Ltd delivers Goods or provides Services to the Customer by instalments and Land Lord Solutions ltd fails to deliver or supply one or more instalments the Customer shall not have the right to repudiate the contract.
8.5 If the Customer is in default of their obligations to Land Lord Solutions Ltd, Land Lord Solutions Ltd may decline to deliver Goods to the Customer.
9.1 The Customer authorizes Land Lord Solutions Ltd to contract either as principal or agent for the provision of goods or services that are the matter of this contract.
9.2 Where Land Lord Solutions Ltd enters into a contract of the type referred to in clause 9.1 it shall be read with and form part of this agreement and the Customer agrees to pay any amounts due under that contract.
10.1 Title in all Goods that Land Lord Solutions Ltd supplies to the Customer remains with Land Lord Solutions Ltd until full payment for the Goods has been received.
10.2 Until title in the Goods passes to the Customer, the Customer will hold the Goods as bailee and will not transfer possession of them or create any interest in them for the benefit of any third party.
10.3 If the Goods are attached, fixed, or incorporated into any property of the Customer, by way of any manufacturing or assembly process by the Customer or any third party, title in the Goods shall remain with Land Lord Solutions Ltd until the Customer has made payment for all Goods, and where those Goods are mixed with other property so as to be part of or a constituent of any new goods, title to these new goods shall deemed to be assigned to Land Lord Solutions Ltd as security for the full satisfaction by the Customer of the full amount owing between Land Lord Solutions Ltd and Customer.
10.4 Customer grants to Land Lord Solutions Ltd or its agents and employees a license to enter onto the Customer’s premises (or the premises of any associated company or agent) to take possession of any of the Goods to which Land Lord Solutions Ltd has title. The Customer releases a n d indemnifies Land Lord Solutions Ltd agents and employees in respect of any liability arising from the exercise of any rights under the license. If in breach of these terms, the Customer purports to sell any Goods belonging to Land Lord Solutions Ltd, then the Customer must keep the proceeds of the purported sale in a separate identifiable account and hold them on trust for Land Lord Solutions ltd until it has been paid in full. The Customer must pay all amounts owed to Land Lord Solutions Ltd from such proceeds, on demand.
10.5 The Customer indemnifies Land Lord Solutions Ltd in respect of all costs it reasonably incurs and liability it incurs in the exercise of rights to recover goods belonging to it.
11. PPSA SECURITY INTEREST
11.1 The Customer grants to Land Lord Solutions Ltd a Security Interest in all present and after acquired goods supplied or to be supplied by Land Lord Solutions Ltd and any proceeds of sale of the goods as security for all of the Customers obligations to Land Lord Solutions Ltd. Where the goods an d /or Proceeds are not readily identifiable and/or traceable or their recoverable value is insufficient to pay the indebtedness, the security interest shall also extend to all the Customers present and after acquired building products, of which the goods form part, to the extent required to secure the Indebtedness.
11.2 Land Lord Solutions Ltd may register a Financing Statement to perfect its security in the Goods in accordance with the Personal Property Securities Act 1999 (‘PPSA’). The Customer shall, at its own expense, provide all information and execute or arrange for execution of all documents and do all things that Land Lord Solutions Ltd may require to ensure that it has a perfected first ranking security interest in the Goods under the PPSA.
11.3 The Customer shall not change its name without first notifying Land Lord Solutions Ltd of the new name not less than 7 days before the change takes effect to enable Land Lord Solutions Ltd to register a financing change statement if required.
11.4 The Customer warrants that the Goods are not purchased for use primarily for personal, domestic or household purposes. where any sum remains outstanding by the Customer on more than one invoice/order, any payments received from the Customer shall be deemed to be made by the Customer and applied by Land Lord Solutions Ltd in respect of each unpaid invoice/order on a pro rata basis PROVIDED THAT where Land Lord Solutions Ltd applies payments in this manner it shall not charge interest on overdue balances that would have been cleared if the payments were not allocated pro rata. Until the Customer has paid all money owing to Land Lord Solutions ltd the Customer shall at all times ensure that:
11.4.1 The Goods supplied by Land Lord Solutions Ltd, while in the Customer’s possession, can be readily identified and distinguished; and/or
11.4.2 All Proceeds (in whatever form) that the Customer receives from the sale of any of the Goods are readily Identifiable and Traceable.
11.5 Notwithstanding any reference to a particular invoice/order, business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the Goods in the ordinary course of the Customer’s business. Otherwise, until the Customer has paid all money owing to Land Lord Solutions ltd ,the Customer shall not sell or grant a Security Interest in the goods without Land Lord Solutions Ltd written consent.
11.6 Where the Goods are purchased by the Customer as stock in trade for sale or lease in the ordinary course of the Customer’s business, nothing in this clause shall prevent the Customer from selling or leasing and delivering the Goods in the ordinary course of the Customer’s business. Otherwise, until the Customer has paid all money owing to Land Lord Solutions ltd , the Customer shall not sell or grant a Security Interest in the goods without Land Lord Solutions ltd written consent.
11.7 The Customer agrees that as between Land Lord Solutions Ltd and the Customer, the Customer will have no rights under (or by reference to) sections 114(1)(a), 116, 117(1)(c), 119, 120(2), 121, 125, 129, 131,132, 133 and 134 of the PPSA and where Land Lord Solutions Ltd has rights in addition to those in part 9 of the PPSA those rights shall continue to apply.
11.8 For the purpose of this clause words and phrases starting with a capital letter shall have the respective meanings given to them under, or in the context of, the PPSA.
12. SECURITY AND CHARGE
12.1 Despite anything to the contrary contained herein or any other rights which Land Lord Solutions Ltd may have howsoever:
12.1.1 where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, the Customer 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 Land Lord Solutions Ltd or Land Lord Solutions Ltd nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Land Lord Solutions Ltd (or Land Lord Solutions Ltd nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met;
12.1.2 Should Land Lord Solutions Ltd elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Land Lord Solutions Ltd from and against all Land Lord Solutions Ltd costs and disbursements including legal costs on a solicitor and own client basis and
12.1.3 the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Land Lord Solutions Ltd or Land Lord Solutions Ltd nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 12.
13. RETURN OF GOODS
13.1 The Customer shall be deemed to have accepted the Goods unless the Customer notifies Land Lord Solutions Ltd otherwise within 48 hours of delivery of the goods to the Customer.
13.2 No Goods will be accepted for return by Land Lord Solutions Ltd without prior approval.
14.1 Except as otherwise provided by statute Land Lord Solutions Ltd shall not be liable for:
14.1.1 Any loss or damage of any kind whatsoever whether suffered or incurred by the Customer or another person whether such loss or damage arises directly or indirectly from goods or services or advice provided by Land Lord Solutions ltd to the Customer and without limiting the generality of the foregoing of this clause Land Lord Solutions Ltd shall not be liable for any consequential loss or damage of any kind including without limitation any financial loss; and
14.1.2 Except as provided in this contract Land Lord Solutions Ltd shall not be liable in contract, or in tort, or otherwise for any loss, damage, or injury beyond the value of the goods or services provided by Land Lord Solutions ltd to the Customer; and
14.1.3 The Customer shall indemnify Land Lord Solutions Ltd against all claims of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Land Lord Solutions ltd or otherwise, brought by any person in connection with any matter, act, omission, or error by Land Lord Solutions ltd its agents or employees in connection with the goods or services.