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Terms of Trade
- AWL means AWL Tree Services (2013) Limited;
- Customer means the person, or company using the services of AWL and where the Customer comprises two or more persons, means those persons jointly and severally;
- Services means any services performed by AWL;
- Person includes a corporation, association, firm, company, partnership or individual.
- Quote means a written offer from AWL to the Customer to supply Services for a specified price subject to the terms and conditions of these Terms of Trade.
- The Customer may request a Quote from AWL setting out the price and services to be performed by AWL. If the Quote is acceptable to the Customer, the Customer will accept it in writing within 30 days. If the Customer verbally advises AWL of their acceptance of the Quote or instruction is received by AWL from the Customer, it shall constitute acceptance of these Terms of Trade. Upon acceptance of these Terms of Trade by the Customer, the Customer will be bound by these Terms of Trade.
- A Quote may be withdrawn or varied by AWL before it has been accepted by the Customer.
- A Quote will lapse without notice 30 days after given.
- All Quotes are based on rates and charges in effect at the date of the relevant Quote. Any increase in rates or charges shall result in an equivalent increase in the quoted price.
- An estimate as to price or quantity is not binding on AWL.
- All Quotes are expressed as exclusive of GST and GST will be payable by the Customer in addition to the amount payable pursuant to the Quote.
Price and Payment, Late Payment, Default, of Payment and Consequences of Default of Payment
- The price shall be either the price stated in AWL’s quote or if there is no quotation, the cost of the Services using AWL’s prices current at the time of invoice.
- Time for payment shall be of the essence and is to be made by the Customer to AWL in full on completion of the Services.
- The method of payment will be by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Customer and AWL.
- Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the invoice or Quote from the date payment was due until the date payment is received by AWL, but without prejudice to AWL’s other rights or remedies in respect of the Customer’s default in failing to make payment on the due date.
- Without prejudice to any other rights and remedies AWL may have, if at any time the Customer is in breach of any obligation (including those relating to payment), AWL may suspend or terminate the performance of Services to the Customer and any of AWL’s other obligations to the Customer. AWL will not be liable to the Customer for any loss or damage the Customer suffers because AWL exercised its rights under this clause.
- Any expenses, disbursements and legal costs incurred by AWL in the enforcement of any rights contained in these Terms of Trade will be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
AWL shall not be liable for:
- Any loss of any kind whatsoever suffered by the Customer as a result of any breach of any of AWL’s obligations, including any cancellation of Services to be performed or any negligence on the part of AWL, its servants, agents or contractors;
- Any loss, damage or injury caused to the Customer’s servants, agents, contractors, customers, visitors, tenants, trespassers or other persons. The Customer shall indemnify AWL against any claim by any such person; or
- Any delay or non-performance of Services if the delay or non-performance is attributable (directly or indirectly) to circumstances beyond its reasonable control.
- AWL’s failure or delay to exercise or enforce any right it has under these Terms of Trade shall not operate as a waiver of AWL’s right to exercise or enforce such right or any other right in the future.
- Any provision of these Terms of Trade that is held to be invalid or unenforceable for any reason shall be severed from, and shall not affect the remaining provisions of these Terms of Trade.