Junk Genius Limited (‘JG’)
TERMS OF TRADE
1.1 In these terms and conditions
(a) “Customer” means the customer, any person acting on behalf of or with the authority of the customer, or any person purchasing Goods and / or Services from JG;
(b) “Default” means each of the events set out in clause 7.6;
(c) “JG’ means the relevant authorised JG employees, contractors and agents, and its successors and assigns;
(d) “Premises” includes, without limitation, any house, building or vehicle;
(e) “Price” means the cost of the Goods and Services as determined in accordance with clause 4.1; and
(f) “Services” means all the services supplied by JG to the customer.
1.2 The Goods and services supplied on these terms and conditions of trade. No variation of these terms and conditions of trade is permitted unless JG has agreed in writing to such variation.
These terms and conditions of trade prevail over the terms of any purchases order or any other terms of contract submitted by the Customer.
1.3 The Parties to a particular Contract shall be the Customer, and the JG company which renders the invoice for the invoice for the Services provided.
2.1 Where a quotation is given by JG for Services:
(a) Subject to clause 2.2, the quotation shall be valid for thirty (10) days from the date of issue and thereafter shall be deemed to be withdrawn;
(b) Only Services itemised in the quotation are included in the contract;
(c) The quotation shall be inclusive of GST unless specifically stated otherwise;
(d) No variation of the quotation is permitted unless JG has agreed in such writing to such variation; and
(e) JG reserves the right to alter the quotation due to circumstances beyond its control.
2.2 JG reserves the right to withdraw a quotation at any time.
2.3 A quotation is based on rates and conditions at the time of issue.
Any increase in the cost of labour or materials thereafter may be charged at JG’s sole discretion and JG may increase the price quoted at any time prior to goods being uplifted.
3.1 Any instructions received by JG from the Customer for the supply of Services and/or, as the case may be, the signing of any quotation provided by JG to the Customer
shall constitute acceptance of these terms and conditions of trade.
- Price and Payment
4.1 The price shall be either:
(a) Subject to clause 2.2, the price stated in JG’s quotation; or
(b) If there is no quotation, the cost of the Services calculated using JG’s prices current at the time of invoice.
4.2 Payment of the Price is to be made by the Customer to JG in full:
(a) On collection of the Goods or by bank deposit before collection.
(b) Where the Customer holds an approved account with JG, before or on the 20th day of the month following the date of invoice.
4.3 Time for payment of the Services shall be of the essence.
4.4 The Customer will make all payments due to JG in full without deduction or set off by way of cash, cheque, credit card, direct credit, or by any other method agreed by JG.
Receipt by JG of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured or cleared.
4.5 Any deposit paid is non-refundable.
4.6 All Services sold are subject to goods and services tax.
- Supply and Delivery
5.1 The Customer may place orders for Services from time to time.
JG will use its reasonable endeavours to deliver all Services within the agreed time, or if no time has been agreed upon, within 14 business days of receipt of each order. JG has no obligation to deliver any Services unless JG accepts the order.
5.2 The anticipated time of supply will be extended if, for any reasons outside of JG reasonable control, Services are not able to procured,
or if JG is not able to obtain unimpeded access to the relevant premises for the purpose of their Services for collection.
5.3 JG shall not be liable for any loss or damage suffered or incurred by the Customer or by any third party as a result of any delay by JG in delivering and / or completing collection.
5.4 If it becomes impracticable for JG to supply any Service ordered by the Customer,
JG shall use reasonable endeavours to obtain a substitute service reasonably suited for the Customer’s requirements, and may offer to supply that service in substitution, at JG normal price of that substituted service. The Customer shall be free to accept or decline that offer. The Customer shall have no claim against JG in the event that it is impracticable for JG to supply the service.
6.1 Notwithstanding that JG retains ownership of the Goods collected until payment is made in full.
7.1 JG warrants all workmanship in the completion of Services for collection of your junk/waste.
7.2 JG shall not be liable in contract, tort, (including negligence), or otherwise for any direct or indirect damage, economic loss, or consequential or other loss whatsoever
in respect of or arising out of Services provided by JG or any omission of JG.
8.Consumer Guarantees Act 1993
8.1 These terms and conditions of trade are subject to the provisions of the Consumer Guarantees Act 1993 (“CGA”).
In all cases where the Customer is a consumer and the service is not for a business. In this clause 8 the terms ‘consumer’ and ‘business’ have the meanings to them in the CGA.
8.2 In any event, JG’s liability under any claim shall not exceed the cost of Services. JG does not make or give any express guarantees (as defined in the CGA)
8.3 Nothing in these terms is intended to have the effect of contracting out of the provisions of the Consumer Guarantees Act 1993.
Except to the extent permitted by that Act, and these terms are to be modified to the extent necessary to give effect to that intention.
- Default and Consequences Of Default
If the Customer fails to make payment of any amount by the due date interest (calculated Daily from the due date until the date the payment is made in full to JG) shall accrue and be payable on the overdue amount at the rate of 3% per calendar month. Such interest shall compound monthly at such a rate after as well as before any judgement.
9.1 If the Customer defaults in payment of any amount when due,
the Customer shall indemnify JG from and against all costs and disbursements incurred by JG (including solicitor / Client costs on a full indemnity basis and collection agency costs), arising from, or Consequent on, enforcement, and / or collection of the overdue amount.
9.2 If payment of any amount by the Customer (whether by cheque, credit card or other means) is dishonoured or rejected by the paying bank or agency,
the Customer shall be liable to pay JG and administration fee of $50.00. This fee is in addition to all interest and other costs payable by the Customer under this clause 9.
9.3 If a default occurs, then without prejudice to any other rights of JG under these terms and conditions of trade or at law (including under the CCA) JG may, in its sole discretion:
(a) Suspend or terminate the supply of Services to the Customer and any of the JG other obligations under these terms and conditions of trade; and/or
(b) Cancel all or any part of the Services to the Customer which remains unperformed.
9.4 JG will not be liable to the Customer for any loss or damage the Customer suffers as a result of any exercise by JG of its rights under this clause 9.
9.5 JG’s rights under this clause 9 are in addition to and not in substitution for any other rights JG may have at law.
10.1. The Customer may only cancel an order for Services if agreed in writing by JG
- Privacy Act 1993
11.1 The Customer irrevocably authorises:
(a) Any person or corporation to provide JG such information as JG may require in response to any credit enquiry in relation to the Customer;
(b) JG to collect, retain and use any information about the Customer, for the purpose of assessing the Customers creditworthiness or marketing products and services to the Customer; and
(c) JG to disclose information about the Customer, whether collected by JG from the customer directly or obtained by JG from any other source
to any other credit provider or any credit reporting agency for the purpose of providing or obtaining a credit reference, debt collection or notify a Default by the Customer.