These Trading Terms & Conditions (“Terms”) apply (unless otherwise previously agreed in writing) to the supply of Goods by the MySpa to a Customer from time to time. Any supply of Goods by the MySpa to the Customer made after the date of acceptance of these Terms is a supply pursuant to the supply agreement constituted by these Terms and the relevant order accepted by the MySpa (‘Agreement’) and any such supply does not give rise to a new or separate agreement.
In these terms unless the contrary intention appears:
“Additional Charges” includes all delivery, handling and storage charges, goods and services tax, stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money, other than the Purchase Price, payable by the Customer to MySpa arising out of the sale of the Goods.
“Authority Approvals” means approvals from regulatory, government or building authorities including but not limited to the council approvals and approvals for development applications and construction certificates.
Any other loss suffered by a party as a result of a breach of this Agreement that cannot reasonably be considered to arise directly and naturally from that breach
“Construction Work” means landscape carpentry, installation of spas, excavation, decking, paving and other services provided to the Customer. “Customer” means the person to or for whom the Goods are to be supplied by MySpa. “Delivery” means in relation to Goods, that point in time when the Goods are collected by or delivered to the Customer by MySpa and in relation to Services, when those Services have been carried out by or on behalf of MySpa. “Deposit” means 10% of the Purchase Price. “Dial-Before-You-Dig” means the free national referral service (https://www.1100.com.au/) designed to assist in preventing damage and disruption to Australia’s infrastructure networks.
“ Energy Australia” means Energy Australia ACN 086 014 968, a private company that provides electricity and gas throughout Australia.
“ Force Majeure Event” means any event outside the reasonable control of MySpa including acts of God, war, riots, strikes, lock outs, trade disputes, break downs, mechanical failures, interruptions of transport, government action or any other cause whatsoever, whether or not of a like nature to those specified above.
“ Goods” means the goods sold to the Customer by MySpa and includes any services provided by MySpa to Customer.
“ Hazardous Substances” means any substance, in whatever form, that is hazardous, dangerous or may cause harm including to persons and the environment.
“ Insurance Policies” means XXXX Insurance.
" Intellectual Property Right" means any patent, registered design, patent, trademark, copy-right, trade secret or any other proprietary right of a third party or parties, registered or unregistered, in any country.
" MySpa" means MySpa Sydney, ACN 610 671 648.
“ MySpa Personnel” means the officers, employees, independent contractor, and agents of MySpa.
" PPSA" means the Personal Property Securities Act 2009 (Cth).
“ Progress Payment” means billing by stage where payment is to be received from Customer for part of the work that has been completed in accordance with the Quotation up to the point of invoicing.
“ MySpa Purchase Promise Form” means the form to be signed by the Customer for purchase of spas and request for installation of spas. If the Customer requires installation or any kind of Construction Work, a separate Quotation will be provided.
“ Purchase Price” means the list price for the Goods as charged by MySpa at the date of delivery or such other price as may be agreed by MySpa and the Customer prior to delivery of the Goods.
“ Quotation” means a quotation given to the Customer in connection with the Construction Work, whether in writing or otherwise.
“ Services” means any services provided by MySpa for or on behalf of the Customer including Construction Work.
“ Site” means the site where Goods are delivered by MySpa to the Customer.
“ Variation” means a change or changes made or requested by the Customer.
“ Variation Quotation” means extra work not quoted on original Quotation that will be charged on separate quote with separate invoice.
“ WHS Policy” means the Work Health and Safety Policy of MySpa.