Terms & Conditions

Definitions

  • The ‘Company’ means Save Ya Industries 2017 Ltd trading as Save Ya Roofing Safety Rails.
  • The ‘Client’ means the person, company or any person acting on the behalf of and with the authority of the client once our quote has been accepted.
  • The ‘Works’ mean the works as described on our quote.
  • The ‘Site Address’ means the location of the works to be carried out.
  • The ‘Materials’ means all edge protection materials supplied by the Company and hired by the Client.
  • The ‘Services’ means all services supplied by the Company to the Client and includes any advice and/or recommendations.
  • The ‘Contract’ means acceptance of the Company quote and agreement of these Terms and Conditions unless otherwise agreed in writing by the Company.
  • The ‘Price’ means the cost of the Materials and Works as agreed between the Company and the Client.

 

  1. Acceptance
    1. Any instructions received by the Company from the Client for the supply Materials and Services shall constitute a binding contract and acceptance of the terms and conditions contained herein.
    2. Acceptance of this quote by the Client shall constitute a binding contract between the Company and the Client.
    3. Unless otherwise agreed by the Company in writing these Terms and Conditions shall apply to all quotes.
  2. Materials
    1. All Materials fixed or otherwise shall remain the property of the Company. The Company shall not be held accountable or liable should any damage occur due to the removal of Materials if payment is defaulted.
  3. Compliance with Laws
    1. The Client and the Company shall comply with the provisions of all statutes, regulations, by-laws and/or any other lawful requirements of government, local and other public authorities that may be applicable to the works including occupational health and safety laws relating to building and construction sites and any other relevant safety standards or legislation.
    2. At the expense of the Client, the Client shall obtain all licenses and approvals that may be required for the Works.
    3. Where asbestos is suspected in existing roofing materials the Client will pay for the testing of a sample taken.
    4. Any damaged that may occur where asbestos is present is solely the responsibility of the client to repair and pay for.
    5. Consequential Damage
      To the extent allowed by law, the Company has no liability (whether statutory, in contact or tort (including negligence), or howsoever) to the Client or any of its agents or employees for any physical, direct or indirect damage, economic loss of any kind, any other loss or costs (including legal and lawyer/client costs) caused or contributed to by the Company or any of its employees in respect of any goods and/or services supplied or any quotation or estimate given. Without limiting the foregoing, the Company also has no responsibility or liability for any dangerous good(s) or any contaminant, ozone depleting or hazardous substance in or emitted by any goods or from the failure of the Client to meet its obligations hereunder or to ensure that the goods are used in accordance with any instructions issued/enclosed with the sale of the goods. To the extent allowed by law, every warranty or condition or guarantee implied by custom or law is hereby excluded. If, notwithstanding the foregoing, the Company shall be found to have any liability it is agreed that any liability will not exceed the price of the relevant goods or services purchased from the Company.
  4. Risks
    1. The Client acknowledges that any they will be liable for any repairs and replacement of Materials supplied if damage occurs during the hireage period.
    2. Any advice, recommendation, information, assistance or service provided by the Company in relation to the Works is given in good faith based on the Company’s knowledge and experience and shall be accepted without liability on the part of the Company, it shall be the responsibility of the Client to confirm the accuracy and reliability of the same.
  5. Price
    At the Company’s sole discretion, the Price shall be either: 

    1. As indicated on invoices supplied by the Company to the Client in respect of Works performed or Materials supplied, or
    2. The Company’s quoted price (subject to clause 06.03.) is valid for one month from the date of the quote, after which the job may require a new quote.
    3. The Company reserves the right to change the price:
      1. If a variation to the Materials which are to be supplied is requested; or
      2. If a variation to the Works originally scheduled is requested; or
      3. Where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including but not limited to, limitations to accessing the Site, obscured building defects, prerequisite work by any third party not being completed, error in design, hidden pipes, wiring etc.) which are only discovered on commencement of the works.
    4. The Company reserves the right to charge a call out fee to cover additional costs including but not limited to:
      1. More than 1 trip to the Site Address in order to complete installation of the Works
      2. More than 1 trip to the Site Address in order to remove the Works
      3. Unnecessary trips to the Site Address beyond the control of the Company
  6. Payment Terms
    1. Upon acceptance of the Company’s quote, a 50% deposit is required prior to any work commencing unless otherwise agreed in writing by the Company.
    2. Upon receipt of any invoice the Client will pay the Company within 7 days of receipt of the invoice unless otherwise agreed in writing by the Company.
    3. Payment may be made by cash, online banking or by any other method as agreed to between the Company and the Client.
    4. If the account is not paid within 7 days of the due date, the Company reserves the right to charge a $50 late fee and interest of 2.5% per month on any balance outstanding and to add debt recovery costs to any unpaid accounts. The Company’s debt recovery agency may charge the Client a fee equal to 25% of the unpaid portion of the account but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, the Company’s agent is also entitled to recover such additional costs from the Client. This clause is intended to be for the benefit of and be enforceable by the Company’s debt recovery agency under the contracts (Privacy) Act 1982.
    5. The Client may not withhold ‘retentions’ from a Payment to the Company without written consent from the Company.
  7. Client Responsibilities
    1. Although the Company holds Liability Insurance for the Works to be provided under this Contract, it is the Client’s responsibility to ensure that the property is fully insured for the duration of the Works. The Company’s insurance does not extend to cover works by other trades.
    2. In the event that the Client gives information relating to measurements and quantities of the Materials required it is the Client’s responsibility to verify the accuracy of the measurements and quantities before the Company begins the Works. The Company accepts no responsibility for any loss, damage or costs resulting from the Client’s failure to comply with this clause.
    3. The Company shall not be liable for any errors in the Works which are caused by design fault, or by incorrect or inaccurate information being supplied by the Client. Any additional Works which may be needed to rectify such errors shall be the Client’s responsibility and shall be charged as a variation in accordance with Clause 06.03.
  8. Disputes
    Any query or claim about Works carried out by the Company after completion must be made in writing within fourteen (14) days to the Company.
  9. Changes

Changes to Terms and Conditions These terms and conditions may be changed from time to time. All changes will be effective immediately upon posting changes on the website. It is the responsibility of all Save Ya Industries 2017 Ltd customers to be familiar with the latest terms and conditions.