LASER FOCUS LIMITED
Terms and Conditions
Acceptance of Terms and Conditions:
Quotes and Estimates:
Variations: No variations to the Work originally contracted for shall be carried out without the agreement of both the Customer and the Supplier. Where the Customer and the Supplier have agreed to a variation the Supplier will be entitled to charge for the work involved in such variation at the Supplier’s usual rate.
Validity of Payment:
Ownership: Property in and ownership of Goods remains in the Supplier until all money the Customer owes to the Supplier (whether under this contract or otherwise) has been paid in full or until property in the Goods has passed to a third party in accordance with this clause.
Intellectual Property: The Supplier and Customer agree that the Supplier retains all ownership rights in all intellectual property of any kind created by the Supplier for the Customer. The Customer may not reproduce or provide anything created by the Supplier to any third party without the Supplier’s express consent. The Customer will be entitled, on payment of all fees and other job-related costs due to the Supplier, to use the documents for the specific purpose for which they were prepared, but for no other purpose.
Consumer Guarantees Act: Where the Supplier is supplying Goods and Services to the Customer for business purposes within the meaning of the Consumer Guarantees Act 1993, pursuant to Section 43 the provisions of that Act will not apply to this contract.
Waiver and Forbearance: All the Supplier’s rights will remain in full force despite any delay in enforcement. The Supplier will not be deemed to have waived any condition unless that waiver is in writing and signed by a duly authorised officer of the Supplier. Any waiver will apply only to the particular matter in respect of which it is given.
Assignment: The Customer is not entitled to assign its rights under this contract.
Entire Contract: The Supplier and Customer agree that these terms express the complete agreement between them and supercedes all prior negotiations, representations or discussions between the parties.
Termination: This contract (including any unperformed obligations of the Supplier) may be terminated by the Supplier’s written notice to the Customer.
Dispute: If either party considers that there is a dispute in respect of matters arising out of these Terms and Conditions, then that party shall immediately give notice to the other party setting out details of the dispute. The parties shall endeavour in good faith to resolve the dispute between themselves within fifteen (15) days of notice of the dispute. Failing resolution, the parties will commence mediation to resolve the dispute if required by either party.
1.1 Contracting the Supplier to carry out Work or acceptance of a Quote provided by the Supplier constitutes acceptance by the Customer of these terms and conditions. Any amendments to the Terms can only be agreed in writing at the sole discretion of the Supplier.
1.2 If any provision of these Terms is invalid or unenforceable for whatever reason, the remaining provisions will remain in full force and effect.
2.1 The Customer shall pay to the Supplier on a time to complete basis unless prior alternative arrangements are made and agreed in writing.
2.2 All Goods and Services are supplied at the Fee applicable at the date an order is confirmed and the Supplier reserves the right to pass on to the Customer any change in Fee from any third party supplier between the date the customer order is confirmed and the date the Supplier confirms the order with a third party supplier (if required).
3.1 All Quotes and estimates are provided strictly on the following basis:
3.1.1 If additional work is required that could not be foreseen by the Supplier at the time of providing the quote, then the Supplier may at its option either cancel this contract or charge for such additional work at the Supplier’s usual rate.
3.1.2 Any Quote is only valid for seven (7) days from the date of the quote unless otherwise agreed.
5.1 The Supplier may issue one or more invoice(s) to the Customer for Work completed and materials supplied for the previous month if a fixed fee payable in advance is not required.
5.2 The Customer shall pay the Fee as recorded in the invoice within 7days of receiving it, unless otherwise pre-arranged.
5.3 The Customer will pay the Supplier for all other Work-related costs, including disbursements and telecommunication, reproduction, testing and travelling expenses.
5.4 If full payment is not made by the Customer to the Supplier then the Customer will be in default under this Contract, and:
5.4.1 The Customer will pay interest on the default monies at the 20% per annum, payable on a daily basis from the due date; and
5.4.2 The Customer will be liable for all expenses (including solicitor – own client legal costs) incurred by the Supplier as a result of the default; and
5.4.3 The Supplier may withhold the further supply of Goods and Services.
6.1 The Customer acknowledges that:
6.1.1 All payments made to the Customer’s account with the Supplier are in the ordinary course of the Customer’s business; and
6.1.2 All payments to the Customer’s account are received by the Supplier on the reasonably held belief that those payments are valid unless the Customer advises otherwise in writing.
10. Information and Privacy Act:
10.1 For the purpose of facilitating the efficient running of the Supplier’s business, the Customer authorises the Supplier:
10.1.1 To collect all information it may require from any third parties and authorises those third parties to release that information to the Supplier; and
10.1.2 To hold all information given by the Customer or any third parties to the Supplier; and
10.1.3 To use that information, including giving information to any other person to facilitate collection of debts from the Customer.
10.2 The information will be collected, held and used on the condition that:
10.2.1 It will be held securely at the Supplier’s registered office; and
10.2.2 It will be accessible to any of the Supplier’s employees and agents who need access to it for the efficient running of the Supplier’s business; and
10.2.3 The Customer may request access to and correction of it at any time.
10.3 The Supplier will destroy or return the information to the Customer if requested.
11.1 The Supplier will not be liable for:
11.1.1 any loss, damages or costs resulting from any inaccurate information provided by the Customer;
11.1.2 loss caused by any factor beyond Supplier’s control;
11.1.3 consequential loss because of any of the above.
11.2 Without limiting clause 11 above, the Supplier’s total liability to the Customer arising out of any claim for loss or damages, however arising, will not exceed the amount in the Quote and the Supplier will not be liable if notice of a claim is not provided by the Customer to Supplier within seven (7) days of the Invoice being issued to the Customer.
In these terms and conditions:
“Contract” means the contract between the Customer and the Supplier for the provision of Goods and/or Services by the Supplier of which these terms and conditions form part.
“Customer” means the person to whom the Goods and/or Services are to be supplied.
Where a quote or estimate has been given, the fee for the work recorded in that quote; and/or
the Supplier’s usual charges for completing the work
plus additional charges pursuant to these terms and conditions, plus GST.
“Goods” includes any software, hardware and/or equipment supplied by a third party or the Supplier.
“Property” means the property, premises, site or location where the Goods and/or Services are to be delivered and/or the Services provided by the Supplier.
“Quote” means any quotation or estimate provided by or on behalf of the Supplier.
“Services” means all services provided by the Supplier.
“Supplier” means Laser Focus Limited, its assignors and/or successors.
“Work” includes all Goods and Services supplied or required to be supplied by the Supplier in the course of performance of the Contract.