Definitions 

1. In these Terms of Trade (“Terms”):

(a)“We” and “Us” mean, and “Our” refers to, Lush Painting and Decorating (ABN 97175741004)

(b)“You” and “Customer” mean, and “Your” refers to, a customer who requests Goods, Services and/or a Quotation for Goods and/or Services from Us;

(c)“Goods” means any goods (whether Our goods or the goods of a third party) to be supplied by Us to You; (d)“Services” means any labour or other services to be performed or supplied by Us (or a third-party engaged by Us on Your behalf) for You;

(e)“Cost” means the cost charged to You for Goods and/or Services;

(f)“Quotation” means the estimated Cost of Goods and/or Services to be supplied to You;

(g)“Commencement of Work” means when You approve a Quotation and We confirm that We agree to provide the Goods and/or Services in accordance with clause 11(a); or, if We do not provide a Quotation, when We commence procuring or supplying the Goods and/or Services, whichever is earliest;

(h)“Completion of Work” means when we have provided all of the Goods and/or Services that you have requested in relation to a particular order (i.e., under a single Quotation or Cost).

 

Terms 

2. We may offer for sale various Goods and/or Services, either through advertising generally or directly to you. Any such offer is subject to confirmation by Us (in accordance with clause 11(a)), as we may not be able to supply the Goods and/or Services to You depending on the availability of Goods, availability of staff to provide the Services, inability to provide the Goods and/or Services at the site that You request, or other factors beyond Our control. If we agree to provide Goods and/or Services to you, such agreement for sale will be subject to these Terms.

 

3. These Terms supersede and replace any and all prior terms, conditions or proposals, whether written or verbal. Any additions or variations to these Terms will not be binding upon us unless we specifically agree to such changes in writing signed by us.

 

4.In the event that any provision of these Terms is held to be invalid, illegal or unenforceable, that provision must, to the extent of the invalidity, illegality or unenforceability, be ignored and all the other provisions of the Terms will remain in full force and effect.

 

5. By requesting a Quotation or requesting any Goods and/or Services from Us, You agree to be bound by these Terms

 

Quotations

6. The general minimum turn-around time for us to respond to a request for a Quotation is 48 Hours (on business days). In the event that a Quotation is required urgently, please let Us know when making your request so that we can respond accordingly.

 

7. Any Quotation provided by us is valid for 30 days from the date of issue, at which time the Quotation will become void if you have not already approved it. You may not rely on a Quotation which has expired. If you wish to proceed after a Quotation has expired, you may request a new Quotation for Your approval.

 

8. Any Quotation provided by us is based on the Goods and/or Services set out in the Quotation, including any specifications (for example, quantities, colours, coatings, etc.). Please check the details of the Goods and Services (including all specifications) carefully for accuracy and let Us know if any details are incorrect. If you request any changes to the Goods and/or Services required (including any specifications) after we have provided a Quotation, We reserve the right to revise the Quotation, subject to clause 12. However, if you request any changes after the Commencement of Work, and if we agree to the changes, the changes will be charged at our prevailing rate.

 

9. If applicable, please mention any special price, discount or bonus offer when requesting a Quotation. No other special price, discount or bonus offer applies to a Quotation unless otherwise specified.

 

10. The Goods and/or Services may be subject to fluctuations in prices and availability of supplies that are beyond our control. We reserve the right to update the price and product in a Quotation before we confirm the Quotation, subject to clause 12. For example, subject to clause 12:

(a) if the Goods and/or Services have undergone a price drop or a price increase, We may adjust the price accordingly;

(b) if the Goods and/or Services (or some of the Goods and/or Services) are no longer available, we may replace or substitute alternative Goods and/or Services.

 

11. The provision of a Quotation by Us is not an offer that can be accepted by you as a binding offer. Your approval of a Quotation is an offer to purchase the Goods and Services from Us. Once You approve a Quotation, We reserve the right either:

(a) to confirm the Quotation and accept it as a binding offer, subject to these Terms; or

(b) to revise the Quotation, subject to clause 12.

 

12. In the event that we revise a Quotation, You will have the right to approve the revised Quotation.

 

Cancellation

13. If you wish to cancel a request for Goods and/or Services, You must let Us know as soon as possible. You will remain liable for the Cost of any Goods and/or Services which:

(a) Have already been supplied to You; or

(b) Have already been ordered or procured in order to provide to you, if we are unable to cancel such order and do not reasonably expect that we can use or sell those Goods and/or Services to another customer.

 

Payment Terms

14. We may require a deposit from you towards the Cost prior to the Commencement of Work.

 

15. The total Cost (less any deposits paid) will fall due for payment within 7 days after the Completion of Work.

 

16. Payments may be made:

(a) In cash.

(b) By electronic funds transfer.

(c) By cheque, at our absolute discretion.

Other forms of payment will not be accepted.

 

Recommendations and General Information

17. While we do our best to give you the recommendations and compatibility information, our answers are limited by the information that is provided to us. We may not be able to answer all of your questions about the Goods and/or Services.

 

18. We strongly recommend that you review all information provided by us or the manufacturer or third-party supplier of the Goods and Services. This may include important information about the limitations of the Goods and Services, and instructions for their care and maintenance to help you make the most out of them.

 

19. Any estimated time of completion or “ETA” is only an estimate based on the information available to us and may be subject to change. While we endeavour to make any prediction on the estimated time of completion as best we can, we cannot accept responsibility if the Goods and/or Services cannot be delivered within the estimated time frame.

 

Limitation of Liability

20. Consumer protection legislation (including the Trade Practices Act 1974 (Cth) and State/Territory fair trading legislation) may imply other terms, conditions or warranties (“implied terms”) into our relationship with you that cannot be excluded or can only be excluded to a limited extent.

 

These Terms do not exclude any liability under, or modify the application or exercise of, such implied terms where legislation voids or prohibits any such provision.

 

However, where permitted by law, Our liability for any breach of such implied terms shall be limited, at Our option, to any one or more of the ways permitted by the legislation, including:

(a) in the case of Goods:

(i) the repair of the Goods or payment of the cost of having the Goods repaired; or

(ii) the replacement of the Goods or payment of the cost of replacing the Goods; or

(iii) ​the supply of equivalent Goods or payment of the cost of acquiring equivalent Goods;

(b) in the case of Services:

(i) the supplying of the Services again; or

(ii) the payment of the cost of having the Services supplied again.

 

21. Subject to clause 20 and to the extent permitted by law: (a) We do not make any representation, warranty or endorsement of any kind as to the Goods and/or Services, including but not limited to the fitness of the Goods and/or Services for a particular purpose; We will not be under any other liability in respect of any loss or damage (including consequential loss, economic loss, loss of profits or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred, or which may arise directly or indirectly in respect of any Goods or Services.