Terms and Conditions

4.2 Any variation from the plan of scheduled work or specification will be charged, based on the Affordable Homes Services Ltd quotation/estimate, and will be shown as extras on the invoice. Payment for extras must be made in full at the time of completion, and any requests by the Client for variations to the contract must be agreed to in writing by the Affordable Homes Services Ltd prior to the variation being undertaken.

4.3 At the Affordable Homes Services Ltd sole discretion a deposit may be required. The deposit amount or percentage of the price will be stipulated at the time of order of the Service/Services and shall become immediately due and payable and is non-refundable.

4.4 Time for payment for the Goods/Services shall be of the essence and will be stated on the invoice, quotation, or any other forms. If no date is stated, then payment shall be on delivery of the Goods/Services.

4.5 At the Affordable Homes Services Ltd sole discretion, payment for approved Clients shall be made by instalments in accordance with the Affordable Homes Services Ltd delivery/payment schedule.

4.6 At the Affordable Homes Services Ltd sole discretion, payment for approved Clients shall be due on the 20th of each month following the date of an invoice/ statement posted to the Client’s address or addresses for notices.

4.7 Payment will be made by cash, cheque, bank cheque direct credit, or any other method as agreed to between the Affordable Homes Services Ltd and the Client.

4.8 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable except to the extent that such taxes are expressly included in any quotation/estimate given by the Affordable Homes Services Ltd.

5. DELIVERY OF SERVICE

a) Delivery of the Service shall be made to the Client’s address. The Client shall make all arrangements necessary to take delivery of the Service whenever they are tendered for delivery or delivery of the Service shall be made to the Client at the Affordable Homes Services Ltd address.

b) Delivery of the Service to a carrier, either named by the Client or failing such naming to a carrier at the discretion of the Affordable Homes Services Ltd for the purpose of transmission to the Client, is deemed to be a delivery of the Service to the Client.

c) Delivery of the Service to a third party nominated by the Client is deemed to be delivery to the Client for the purpose of this agreement.

d) The failure of the Affordable Homes Services Ltd to deliver shall not entitle either party to treat this contract as repudiated.

e) The Affordable Homes Services Ltd shall not be liable for any loss or damage whatsoever due to failure by the Affordable Homes Services Ltd to deliver the Service (or any of them) promptly or at all.

f) The Affordable Homes Services Ltd may deliver the Service by separate instalments (in accordance with an agreed delivery schedule). Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract.

6. RISK

a) If the Affordable Homes Services Ltd retains property in the Service nonetheless all risk for the Service passes to the Client on delivery.

b) If any of the Service are damaged or destroyed prior to the property in them passing to the Client, the Affordable Homes Services Ltd is entitled, without prejudice to any of its other rights to remedies under these Terms and Conditions (including the right to receive payment of the balance of the Price of the Service) to receive all insurance proceeds payable in respect of the Service. This applies whether the Price has become payable under these Terms and Conditions. The production of these Terms and Conditions by the Affordable Homes Services Ltd is sufficient evidence of the Affordable Homes Services Ltd rights to receive the insurance proceeds without the need for any person dealing with the Affordable Homes Services Ltd to make further enquiries.

7. DEFECTS / RETURNS

a) The Client shall inspect the Service and shall within One (1) day of delivery notify the Affordable Homes Services Ltd of any alleged defects, shortage in quantity, damage, or failure to comply with the description or quote. The Client shall afford the Affordable Homes Services Ltd the opportunity to inspect the Service within a reasonable time following delivery if the Client believes the Service are defective in any way. If the Client shall fail to comply with these provisions the Service shall conclusively presumed to be in accordance with the Terms and Conditions and free from any defect or damage.

b) For defective Service which the Affordable Homes Services Ltd has agreed in writing that the Client is entitled to reject, the Affordable Homes Services Ltd liability is limited to either (at the Affordable Homes Services Ltd sole

c) discretion) replacing the Service or repairing the Service provided that:

d) the Client has complied with provisions of Clause 7.1

e) the Affordable Homes Services Ltd will not be liable for Service which have not been stored or used in a proper manner.

f) the Service are returned in the condition in which they were delivered and with all packaging material as is reasonable and possible in the circumstances.

g) In respect of all claims the Affordable Homes Services Ltd shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Service or in assessing the Clients claim.

8. WARRANTY AND COLOUR FINISH

a) The Affordable Homes Services Ltd will use its best endeavors and trade practices to provide a commercially acceptable finished product.

b) The Affordable Homes Services Ltd provides no guarantee that the production prints will exactly match any supplied color proofs due to variations in proof perpetration methods and substrates.

c) The Affordable Homes Services Ltd is not liable for variations or errors in the finished work where such errors or variations were contained in the proof approved by the Client.

d) For Service not manufactured by the Affordable Homes Services Ltd the warranty shall be the current warranty provided by the manufacturer of the Service. The Affordable Homes Services Ltd Shall be under no liability whatsoever except for conditions as detailed and stipulated in the manufacturer’s warranty.

9. DEFAULT & CONSEQUENCES OF DEFAULT

a) Interest on overdue invoices shall accrue from the date when payment becomes due and daily until the date of payment at the rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgement.

b) If the Client defaults on payment of any invoice when due, the Client shall indemnify the Affordable Homes Services Ltd from and against all of the Affordable Homes Services Ltd costs and disbursements including on a solicitor and own client basis and in addition all of the Affordable Homes Services Ltd nominees cost of collection.

c) Without prejudice to any other remedies the Affordable Homes Services Ltd may have, if at any time the Client is in breach of any obligations (including those relating to payment) the Affordable Homes Services Ltd may suspend or terminate the supply of Service to the Client and any of its other obligations under the Terms and Conditions. The Affordable Homes Services Ltd will not be liable to the Client for any loss or damage the Client suffers because the Affordable Homes Services Ltd exercised its rights under this clause.

d) If any account remains unpaid at the end of the second month after supply of the Service or Services, the following will apply: An immediate amount shall be levied for administration fees which sum shall become immediately due and payable in addition to interest payable under clause 9.1 hereof.

In the event that

1. any money payable to the Affordable Homes Services Ltd becomes overdue or in the Affordable Homes Services Ltd opinion the Client will be unable to meet its payments as they fall due, or,
2. the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters an arrangement with creditors or makes an assignment for the benefit of its creditors, or,
3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client then without prejudice to the Affordable Homes Services Ltd other remedies at Law.
4. the Affordable Homes Services Ltd shall be entitled to cancel all or and part of the order of the Client which remains unperformed in addition to and without prejudice to and other remedies: and (e) all amounts owing to the Affordable Homes Services Ltd shall, whether due for payment, immediately become due and payable.

10. TITLE

a) It is the intention of the Affordable Homes Services Ltd and agreed by the Client that property in the Service shall not pass until; (a) the Client has paid all amounts owing for the Service and:

b) the Client has met all other obligations due by the Client to the Affordable Homes Services Ltd in respect of all the contracts between the Affordable Homes Services Ltd and the Client, and that the Service, or proceeds of the sale of the service, shall be kept separate until the Affordable Homes Services Ltd has received payment and all other obligations of the Client are met.

11. PERSONAL PROPERTY SECURITIES ACT 1999

a) Upon assenting to these Terms and Conditions in writing the Client acknowledges and agrees that:

• These Terms and Conditions constitute a security agreement for the purpose of the PPSA and:
•  A security interest is taken in all Service previously supplied by the Affordable Homes Services Ltd to the Client and all Service that will be supplied in the future by the Affordable Homes Services Ltd to the Client during the continuance of the parties’ relationship.

b) The Client undertakes to:

• Sign any further documents and/or provide any information. Such information to be complete and accurate and up to date in all respects which the Affordable Homes Services Ltd may reasonably require to register a financing statement or financing charge statement on the Personal Properties Security Register.
•  Indemnify and upon demand reimburse the Affordable Homes Services Ltd for all expenses incurred in registering a financing statement or financing charge statement on the Personal Properties Security Register or releasing any Service charged thereby not registering a financing charge statement or a charge demand without the prior written consent of the Affordable Homes Services Ltd
• Give the Affordable Homes Services Ltd not less than fourteen (14) days prior written notice of any proposed change in the Clients name and/or any other changes in the Clients details (including but not limited to change to the Clients address contact numbers or business practice) and:
• the Client will immediately give advice to the Affordable Homes Services Ltd of any material change in its business practices of selling the Service which would result in a change in proceeds derived from such sales. 11.3 The Affordable Homes Services Ltd and the Client agree that nothing in sections 114(1)(a) 133 and 134 of the PPSA shall apply to these Terms and Conditions.
• The Client waives its rights as a debtor under sections 116,120(2), 121,125,126,127,129,131 and 132 of the PPSA.
• Unless otherwise agreed to in writing by the Affordable Homes Services Ltd the Client waives its rights to receive a verification statement in accordance with section 148 of the PPSA.
• The Client unconditionally ratifies any action taken by the Affordable Homes Services Ltd under and by virtue of the power of attorney given by the Client to the Affordable Homes Services Ltd under clauses 11.1 to 11.5.

12. SECURITY & CHARGE

12.1 Despite anything to the contrary contained herein or any other rights which the Affordable Homes Services Ltd may have, howsoever.

• Where the Client and or the Guarantor (if any) is the owner of land, realty or and other asset capable of being charged, both the Client and or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Affordable Homes Services Ltd or the Affordable Homes Services Ltd nominee to secure all amounts and other monetary obligations payable under the Terms and Conditions.
• The Client an/or the Guarantor acknowledge and agree that the Affordable Homes Services Ltd (or the Affordable Homes Services Ltd nominee) shall be entitled to lodge where appropriate a caveat and that caveat shall be released once all payments and other monetary obligations payable hereunder have been met.
• Should the Affordable Homes Services Ltd elect to proceed in any manner in accordance with this clause and or its sub- clauses the Client and or Guarantor shall indemnify the Affordable Homes Services Ltd from and against all the Affordable Homes Services Ltd costs and disbursements including legal costs on a solicitor and own client basis.
• To give effect to the provisions of clause 12, 12.1(a) to (b) inclusive hereof the Client and/or the Guarantor (if any) do hereby irrevocably nominate constitute and appoint the Affordable Homes Services Ltd or the Affordable Homes Services Ltd nominee as the Clients and/or Guarantors true and lawful attorney to execute mortgages and charges (whether registerable or not) including such other Terms and Conditions as the Affordable Homes Services Ltd and or the Affordable Homes Services Ltd nominee shall see if his/her/its/their absolute discretion against the joint and or several interest of the Client and/ or the Guarantors in any land realty or asset in favor of the Affordable Homes Services Ltd and in the Clients and/or the Guarantors name as may be necessary and other acts including instituting any necessary legal proceedings and further to execute all or any documents in the Affordable Homes Services Ltd absolute discretion which may be necessary or advantageous to give effect to the position of this clause.

13. CONSUMER GUARANTEES ACT 1993

This agreement is subject, in all cases except where the Client is contracting within the Terms and Conditions of a trade/business (which cases are specifically excluded) to the provisions of the Consumer Guarantees Act 1993.

14. CANCELLATION

a) Affordable Homes Services Ltd may cancel these Terms and Conditions or cancel delivery of the Service and Services at any time before the Service is delivered by giving written notice. On giving such notice Affordable Homes Services Ltd shall promptly repay the Client any sums paid in respect of the price for the Service. The Affordable Homes Services Ltd shall not be liable for any loss or damage arising from such cancellation.

b) At Affordable Homes Services Ltd sole discretion the Client may cancel delivery of Service and/or Services. If the Client cancels delivery of Service and/or Services, the Client shall be liable for any cost incurred by Affordable Homes Services Ltd up to the time of cancellation.

15. PRIVACY ACT 1993

a) The Client and the Guarantors (if separate from the Client) authorize the Affordable Homes Services Ltd to collect, retain and use any information about the Client, to assess the Client’s creditworthiness or market any Service and services provided by the Affordable Homes Services Ltd to any other party.

b) The Client authorizes the Affordable Homes Services Ltd to disclose any information obtained to any person for the purpose set out in clause 15

c) Where the Client is a natural person the authorities under (clause 15.1 and 15.2) are authorities or consents for the Privacy Act 1993.

16. BUYERS DISCLAIMER

a) The Client hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to them by any servant or agent of the Affordable Homes Services Ltd and the Client acknowledges that they buy the Service relying solely on their skill and judgement and that the Affordable Homes Services Ltd shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Affordable Homes Services Ltd which warranty shall be personal to the Client and shall not be transferable to any subsequent Client.

17. CONTRACTUAL REMEDIES ACT

a) The provisions of the Contractual Remedies Act 1979 shall apply to this contract as if section 15(d) of the Act which states that nothing in the Act shall affect the Sale of Service Act 1908 was omitted from the Contractual Remedies Act 1979. 18. LIEN
Where the Affordable Homes Services Ltd has not received or been tendered the whole of the price, or the payment has been dishonored, the Affordable Homes Services Ltd shall have; (a) a lien on the Service.