1. General
1.1 ‘Terms and Conditions of Trade’ may also be referred to in this document as ‘Terms and Conditions’ or ‘Terms of Trade’
1.2 These Terms of Trade apply to the exclusion of all others
1.3 Terms and Conditions incorporated in any purchase order or commercial body that procures Laserpaint’s services are negated.
1.4 Laserpaint supplies only on these Terms and Conditions and any purchaser taking delivery of goods & Services shall by doing so agree to these Terms and Conditions applying to the exclusion of all other Terms and Conditions.
1.5 The ‘purchaser’, ‘client’ or ‘authority’ who has actioned the works to take place can apply to one or multiple bodies. All of which must adhere to these Terms of Trade. A company representative who procures the work on behalf of a company, by doing so submits the company they represent to these Terms of Trade.
1.6 If a provision of these Terms of Trade is wholly or partly invalid or unenforceable by law, that provision, or the part of it that is invalid or unenforceable must, to the extent, be deleted from these Terms of Trade. Nothing affects the validity or enforceability of the remaining Terms of Trade.
2. Prices and Quotation
2.1 Any prices provided by Laserpaint verbally are only to be used as a guide. Verbal pricing is based on information relayed to Laserpaint over the phone or in person. This information can change and the particulars of the project may not align with what Laserpaint has accounted for in their scope of works or verbal estimations. It is for this reason all clients must seek a written quote for projects prior to commencement.
2.2 The cost of the final works for the project will be determined by Laserpaint’s project labor sheets, where no written quotation has been supplied. It is not compulsory to require a written quotation prior to requesting Laserpaint to begin works on a project, it is only an advised practice.
2.3 All prices are ex-warehouse at Peakhurst unless otherwise stated in writing. Transport and delivery charges (if applicable) are payable by the purchaser in addition to any quoted price.
3. Payment
3.1 Terms of payment will be cash on dispatch of a project; where purchaser has requested Laserpaint to organize delivery of the project. These terms are non-negotiable to clients who do not hold an account with Laserpaint.
3.2 Terms of payment will be payment on pick up of a project; where purchaser has come to collect the project themselves from Laserpaint’s depot. These terms are non-negotiable to clients who do not hold an account with Laserpaint.
3.3 To obtain a Trade Account, the client must fill in a Trade Account form and undergo a financial background check with business references before being approved to Trade with the Trade Account.
3.4 Laserpaint reserves the right to refuse the application of a Trade Account to any purchaser
3.5 Once granted a Trade Account, Laserpaint reserves the right to cancel, suspend or revoke the Trading account if the client does not adhere to the terms agreed to in the Trading account.
3.6 Laserpaint reserves the right to withhold deliveries or retain possession of projects in circumstances where terms of payment have not been met by the purchaser.
3.7 If the purchaser fails to pay any moneys owing to Laserpaint within 14 days, such overdue moneys shall accrue interest from day to day at a rate equal to 12% per annum on such moneys after 14 days from the date of invoice, until all moneys are paid in full.
3.8 Any payment or interest due to Laserpaint in accordance with this clause, the purchaser shall be liable for all reasonable legal and debt collection costs incurred by Laserpaint in relation to collection of any payment due by the purchaser on a full indemnity basis.
4. Retention of Title and Passing of Risk
4.1 Title in goods and products purchased remains with Laserpaint until Laserpaint has received payment in full of all monies owing by the purchaser for the purchase of the products and services. If payment is not made in full by the due date for payment, then Laserpaint is authorized to re-take possession of the goods and products and to recover any deficiency on resale of the goods and products plus any costs of re-taking possession as a liquidated debt.
4.2 Laserpaint is authorized to enter any premises under the control of the purchaser to retake possession of the goods and products purchased. Upon resale of the goods and products, whether as part of another good or product manufactured by the purchaser, the purchaser will hold any proceeds of sale in trust for Laserpaint until payment of the goods and products has been made in full.
4.3 Risk in relation to damage to the goods and products passes to the purchaser upon their dispatch or collection from Laserpaint’s depot. Laserpaint will in no circumstances be responsible for delay in delivery. Any purchaser requiring urgent delivery or dispatch of goods and products should make its own arrangements for collection of goods and products from Laserpaint’s depot.
4.4 Urgent delivery or dispatch of items only applies to goods that have been paid for in full prior to pick up.
5. Warranties / Finished Projects
5.1 All finished products will be checked on site and approved by the purchaser prior to leaving Laserpaints depot. Once a product leaves Laserpaint’s depot it is then under the duty of care of the purchaser.
5.2 An application in writing must be made to amend any Warranty conditions, and they must be congruent with Laserpaint’s products and services. Any amendments to the Warranty conditions must be approved by Laserpaint prior to commencement of work on the project.
5.3 The purchaser must provide the following information if not approving the finished project
5.3.1 They must reference the part of the scope of works Laserpaint has not adhered to
5.3.2 They must acknowledge how they wish Laserpaint to rectify the issue
5.3.3 Subjective assessments of paint works will not be considered, all rectifications must be objective based or relating to the scope of works or standards agreed upon in the quotation
5.3.4 Fair and reasonable requests for reworks on completed projects will be approved, however unreasonable request including any of the following will not be approved;
5.3.4.1 Automotive paint finishes or the expectations of services that don’t pertain to industrial spray painting
5.3.4.2 Requests made with abusive or defamatory language
5.3.4.3 Requests made for works outside of the quotation or scope of works
5.3.4.4 Requests made after project has been picked up or delivered
5.4 Works that take place that do not fulfil any Warranty requirements laid out in this Terms of Trade will be at the added cost of the purchaser and to be paid before works leaves Laserpaints’ depot.
5.5 The purchaser relinquishes their right to any warranties or claims should the following occur;
5.5.1 The purchaser refuses or is unable to make themselves available to check finished works prior to pick up or delivery. Any delivery driver or representative who picks up the project inherits the responsibility of being the one responsible for approving the completed project.
5.5.2 The purchaser may elect an authorized representative to act on their behalf and approve the finished project prior to pick up or delivery. If the person picking up the work is not the elected representative then all warranties or claims will be void.
6. Applicator Supply Terms
Any non-disclosures or unknown conditions of the Terms of Trade or the Applicator supply Terms are the responsibility of the purchaser to clarify with Laserpaint.
7. Exclusion/Limitation of Liability
7.1 In so far as is possible all liability whether by statute or common law in relation to the supply of services and products by Laserpaint are expressly negatived and do not apply.
7.2 Laserpaint is not liable to the purchaser, and the purchaser releases Laserpaint, from any breach of contract or duty of care. Written submission must be made for liquidated damage clauses on commercial contractual works prior to the commencement of works. This submission must be approved by Laserpaint and must align with the written quote or scope of works. If there is no written quotation and no approved liability agreement then there is no liability by Laserpaint on any products or services.
7.3 The Purchaser acknowledges that Laserpaint is not responsible for, and releases Laserpaint from, any direct, indirect, or consequential loss or expense suffered by the purchaser or any third party, howsoever caused from the supply and use of the products and services of Laserpaint.
7.4 All laserpaint removal services are conducted without liability against Laserpaint; The purchaser must hold their own insurance against the item(s) being Laser Blasted. The purchaser has engaged Laserpaint to assist with rust and paint removal; any outcomes occurring outside of these mandates are at the purchaser's risk and responsibility.
8. Applicable Law
8.1 The supply of goods and products by Laserpaint is governed by the laws of the State of New South Wales and the parties agree to submit exclusively to the jurisdiction of the courts of New South Wales to any matters arising from this Agreement.
9.Terms Of Trade Acceptance Form
If you have taken the time to read and understand the terms of trade outlined above, please complete the form below and click accept to proceed with our services.