1.1 In these terms and conditions:
(1) Customer means the person purchasing the goods and/or services upon these terms and conditions and any entity acting on behalf of or with the authority of the Customer; and
(2) Supplier means Groutix Pty Ltd trading as Groutix, and any related body corporate of the Supplier within the meaning of section 50 of the Corporations Act 2001 and any successor or assignee.
2.1 The only terms which are binding upon the Supplier are:
(1) Those set out in these terms and conditions or otherwise agreed to in writing by the Supplier; and
(2) Those, if any, which are imposed by law and which cannot be excluded.
3.1 Any prices shown in the Supplier’s quotations are valid for 30 days from the date of the quotation and are otherwise subject to alteration without notice at the Supplier’s sole discretion.
3.2 The Customer must check the quotation carefully as the Supplier will only supply the goods and/or services shown in the Supplier’s quotation.
3.3 Any variations to the price and/or goods and/or services to be supplied as shown in the Supplier’s quotation must be agreed in writing.
3.4 The Customer must ensure that the Supplier has free and clear access to the worksite at all times, failing which additional charges may apply.
3.5 The Supplier will not be liable if tiles lift and/or come loose during the grout removal process (sometimes caused by high moisture levels). Additional charges may apply if re-tiling is required.
4.1 In this clause 4:
(1) GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) or any replacement legislation;
(2) Words or expressions used in this clause which have a particular meaning in the GST law have the same meaning unless the context otherwise requires; and
(3) Any reference to GST payable by a party includes any GST payable by the representative member of any GST group of which that party is a member.
4.2 Unless GST is expressly included, the consideration under these terms for any taxable supply does not include GST.
4.3 To the extent that a supply is a taxable supply, the consideration is increased by the GST payable, provided a valid tax invoice is issued.
5.1 The Customer must inspect the goods and/or services immediately upon completion and provide written notice of any claim within 7 days. If the Customer fails to do so, the goods and/or services will be deemed accepted, and payment must be made.
6.1 Payment must be made in full on the date of sale or as otherwise specified by the Supplier.
6.2 Payment will be treated as made:
(1) If cash, direct credit, or card is tendered – on the date it is tendered; and
(2) If cheque or negotiable instrument – when cleared by the Supplier’s bankers.
6.3 Time is of the essence in relation to payment.
6.4 If the Customer defaults, the Supplier may:
(1) Charge a late fee of $30 for each 7-day period that payment is not received;
(2) Charge interest at 2% per month on overdue amounts; and
(3) Recover all collection and legal costs.
6.5 Payments must be applied in the following order: collection costs, interest, and then principal.
6.6 If the Customer cancels or fails to complete an order, the Supplier may retain the deposit.
7.1 If the Customer cancels an appointment within 24 hours of the scheduled time, a cancellation fee of $220 including GST will apply.
8.1 The Supplier warrants that a full shower re-grout will remain waterproof for 10 years, subject to the Supplier’s Warranty Document.
8.2 The only other binding warranties are those imposed by statute.
8.3 To the extent permitted by statute, the Supplier’s liability is limited to:
(1) Supply of equivalent goods or replacement of goods supplied; or
(2) Resupply of services.
8.4 All other implied conditions or warranties are excluded.
8.5 The Customer acknowledges they do not rely on the Supplier’s skill or judgment as to fitness for purpose. The Supplier does not warrant exact color/texture matches for grout or tiles.
8.6 Except as provided in this clause, the Supplier has no liability for any consequential or indirect loss.
8.7 The Customer acknowledges tile chipping or glaze changes may occur during grout removal, and the Supplier is not liable for such risks.
8.8 The Supplier will not be liable if the Customer has not paid in full for the services.
9.1 Where goods/services are supplied on credit, the Customer authorizes the Supplier to conduct credit checks and enquiries.
10.1 These terms and conditions constitute the entire agreement between the Supplier and the Customer.
11.1 These terms are governed by the laws of the State or Territory where the Supplier provides services.
11.2 Both parties submit to the jurisdiction of the courts of that State or Territory and the Commonwealth of Australia.
© Groutix PTY LTD since 2022
