Terms & Conditions - Online Apartment Sales
1.1 This quotation is open for acceptance for a period of 30 days from the date of quotation. Lovelight may, at its option, extend this period by notification to the Customer.
2.0 FORMATION OF AGREEMENT
2.1 No contractual obligations shall arise until Lovelight has;
2.1.1 Received from the Customer a signed Letter of Acceptance and the deposit as stated in the quotation.
2.1.2 Prior to the occurrence either of the events in 2.1.1 Lovelight may without incurring any liability whatsoever revise or withdraw its quotation.
2.1.3 In the event the Customer provides Lovelight with a written Order, such an Order is subject to these terms and conditions.
3.0 ENTIRE UNDERSTANDING
3.1 The parties acknowledge that this quotation embodies the entire understanding and agreement between the parties as to the subject matter thereof.
3.2 All previous negotiations, understandings, representations, warranties, memoranda or commitments in relation to, or in any way affecting, the subject matter of this Contract will be merged in and superseded by this Contract and will be of no force or effect whatever and no party shall be liable to any other party in respect of those matters.
3.3 No oral explanation or information provided by any party to another shall affect the meaning or interpretation of this Contract; or
4.0 PAYMENT TERMS
4.1 The Customer shall pay to Lovelight 100% payment as stated in the letter of offer upon the signing or acceptance of this proposal.
4.2 Installation will not go ahead without the final invoice payment.
4.3 Should the Customer neglect or refuse to pay the amount of any payment by the due date then Lovelight may, at their option, with or without notice to the Customer, suspend works or remove installed goods until full payment is made.
4.4 Any claims which are not paid by the due date shall accrue interest at a rate of 2.5% per month.
5.1 To the maximum extent permitted by law, Lovelight will only be liable to the Principal under this agreement for the direct, proximate and foreseeable loss of damage suffered from a breach or default of any of its obligations under this agreement. Lovelight will in no case whatsoever (including, but not limited to, negligence) be liable:
5.1.1 For any loss or damage that is indirect, remote or unforeseeable; or
5.1.2 For any consequential loss or damage, being loss or damage that does not occur directly and naturally in the ordinary course of events as a result of a breach of this contract including but not limited to, the loss of a benefit or gain and the incurrence of any expense; or
5.1.3 For loss of production, loss of revenue, loss of use, loss of contract, loss of goodwill or loss of profit arising from on in connection with the performance of this agreement.
6.0 EXCEPTED RISKS
6.1 Lovelight shall not be liable for delay or failure to fulfil any of its obligations resulting directly from the following events including but not limited to:
6.1.1 Any negligent act or omission of the Customer, its employees and or agents,
6.1.2 Any events occurring on or before the date of completion for the works which are beyond the reasonable control of Lovelight including but not limited to industrial conditions, inclement weather, shortage of suitable materials or parts
6.1.3 Any condition on the site or its surroundings affecting the ability to complete the works without delay which Lovelight could not have reasonably foreseen.
6.1.4 Variations directed by the customer,
6.1.5 Directions or delays by municipal, public or statutory authorities.
7.0 RISK & OWNERSHIP
7.1 Risk of loss, damage or destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.
7.2 Ownership of materials and equipment shall remain with Lovelight, until payment of the full contract sum and any other monies due to Lovelight under this agreement.
7.3 The Customer authorises Lovelight to enter the customer’s premises at any time to retake possession of the materials and equipment and to dispose of the equipment to recover costs if the Customer breaches this Agreement.
8.1 Lovelight’s proposal is based on a continuous work program, unless otherwise stated. If the Customer causes the Works to be delayed or delays are caused by any of the events stated above, then such extensions of time to the date for Practical Completion shall be granted
8.2 Where Lovelight been granted an extension of time under this clause, the Customer shall pay such extra costs as are necessarily incurred by Lovelight by reason of the delay.
9.1 Lovelight provides warranty on workmanship, programming and commissioning only. Product warranties are provided by the manufacturer or supplier of the product installed.
9.2 It is the responsibility of the Customer to test the functionality of the equipment at the time of commissioning. In the course of testing, should the Customer discover any faults, the Customer shall immediately inform Lovelight so that arrangements can be made to remedy the fault.
9.3 Within 60 days of practical completion, Lovelight shall replace faulty hardware at no cost to the Customer. After that period, any product related warranty claims will incur labour costs associated with the service call and charged according to the Lovelight Schedule of Rates
9.4 Lovelight staff will only attend site for the purpose of service calls or works outside the specifications (including any warranty works) unless an official order is received by fax or email.
10.1 Any variation to this proposal shall be notified to the Lovelight project manager by the Customer or a representative of the Customer. The agreed value of variations shall be added to or deducted from the contract sum.
10.2 Where no agreement is reached by the Customer and Lovelight as to the value of the variations, then the following shall apply:
10.2.1 Additions shall be charged at cost plus 35% to cover the cost of administration, overhead and profit.
10.2.2 Deletions shall be made at cost
10.3 Any changes to the plans, specifications, electrical layouts, project requirements must be forwarded to Lovelight in writing. Variation works associated with project modifications will not proceed until such time that a cost for the variation (of any) has been discussed and agreed on.
10.4 Any wiring or cabling diagrams supplied by Lovelight to third party contractors must be accurately followed. In the event a contractor is unable or unwilling to follow the supplied diagrams, Lovelight must be notified immediately. Should Lovelight incur additional expenses associated with incorrect cabling by third parties; these costs will be on charged to the Customer.
11.0 SCHEDULE OF RATES
11.1 During standard operational hours 0730-1830, Monday-Friday, Lovelight technical resources are charged at $125 per hour.
11.2 For after hours and weekend works, Lovelight technical resources are charge at $175 per hour.
11.3 For all service call requests the initial call out fee is $120.00 for the first hour and $50.00 for each subsequent half hour after that.
11.4 All spare parts required for service calls will be charged accordingly depending on the part/s required.
12.0 GENERAL EXCLUSIONS
12.1 Unless specifically stated in the proposal document and/or quotation, the following items are excluded from the Lovelight scope of works:
12.1.1 Site allowances or site establishment
12.1.2 Trenching, digging, cable chasing, concrete cutting or road boring
12.1.3 Supply authority fees and charges
12.1.5 Supply of telephone or broadband lead in cable
12.1.7 Supply of light fitting
13.0 RETURNS & REFUNDS
13.1 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
13.2 As all Products are custom made to the specifications in an Order and will be sent for manufacturing 24 hours after an Order is confirmed, Customers are only able to change or cancel an Order by contacting Lovelight within 24 hours of placing an Order. Subject to clause 10.3, Lovelight cannot accept any change or cancellation to an Order once manufacturing has commenced.
13.3 Lovelight will only accept the return of faulty or defective Products or Products that have been supplied incorrectly.
13.4 In order to facilitate a return under these Terms and Conditions, please contact us at email@example.com.
13.5 Returned Products must be returned in their original packaging with all accessories. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Products due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the Products without their original packaging.
13.6 It is the Customer’s responsibility to ensure that returned items are returned safely. Lovelight takes no responsibility for items lost in transit.
13.7 Where you are returning Products to us because of our failure to comply with a consumer guarantee, you must return the Products to us at your cost unless the Products cannot be returned, removed or transported without significant cost to you because of:
(a) the nature of our failure to comply with the consumer guarantee; or
(b) the size, height or method of attachment of the Products.
Where you are returning Products to us, we take no responsibility for Products lost in transit. If clause 10.7(b) applies, we will, within a reasonable time, collect the Products at our expense.
13.8 Refunds may take up to 10 business days to be processed.