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Legal notice / Disclaimer
Access
Restrictions
The
information contained on this website (the "Site") is not for use within any
country or jurisdiction or by any persons where such use would constitute a
violation of law. If this applies to you, you are not authorised to access or
use any of the information on this Site.
Terms of Use
Please read these terms and conditions (the "Terms
of Use") carefully as they apply to your access and/or use of this Site. By
accessing this Site and any pages thereof, you acknowledge your agreement with
and your understanding of these Terms of Use. If you do not agree to these Terms
of Use, please do not access or use this Site. These Terms of Use are subject to
change at any time.
This Site is owned
and operated by Enviro Floors (the "Company"), a company incorporated in
Australia. Australian law governs this Site and these Terms of Use.
1. General
Disclaimer
The material and information in this Site are
provided "as is" and without warranties of any kind, either expressed or
implied. All warranties, including but not limited to, implied warranties of
merchantability and fitness for a particular purpose, are disclaimed. No
representation or warranty is made regarding content, functionality, links, or
communications, including no representation or warranty as to defects or errors
or corrections of the same, communication interruptions or interceptions or loss
of data, or the absence of viruses or other harmful components.
In no event shall
the Company, nor any of its subsidiaries or affiliates, be liable to any party
for any cost or damages, including any direct, indirect, special, incidental, or
consequential damages, arising out of or in connection with the access or use
of, or the inability to access or use, this Site or any of its functions or
features, including in connection with any browsing or downloading of any
information, data, text, images, or other material accessible through this Site
or any website linked to or linking into this Site.
It is the
responsibility of the user of this Site to evaluate the accuracy, completeness,
reliability and usefulness of any opinions, services or other information
provided. All information provided in this Site is under the condition and
understanding of it not being interpreted or relied on as legal, accounting,
tax, financial, investment or other professional advice, or as advice on
specific facts or matters. Accordingly, no liability whatsoever is assumed for
any use or misuse of such information. Users of this Site should consult their
professional advisors with respect to their personal circumstances.
2. No Offer
Nothing on this Site should be construed as a
solicitation, offer, advice, recommendation, or any other service to acquire or
dispose of any investment or to engage in any other investment or transaction.
For information about any specific product and/or country please visit the
respective website.
With the *
is used on the following free offers Enviro Floors will only accept liability if
we have not followed the Australian Standards AS 4786.2-2005 TIMBER FLOORING -
SANDING AND FINISHING:
“We Guarantee You’ll Be
Delighted With The Finished Job.If
Not, We’ll Polish Them Again… FREE!”*
1. We
GUARANTEE
you’ll
have beautifully timber floors that you’ll love… otherwise we’ll polish them
again for FREE!*
2. We
GUARANTEE NO TOXIC CHEMICALS
in your home. Toxic chemicals
are dangerous, very dangerous. They can lead to headaches, nauseousness,
vomiting… and… in some cases, death. Though they are banned in the
UK-USA-EUROPE, toxic chemicals are unfortunately still legal here in Australia
(you would be amazed at how many floor companies still use them).
3. You
receive a
7-15 year unconditional warranty
on your floor boards. This means if your floors
start to wear through in that time we’ll come out and polish them again… FREE!*
4. We
GUARANTEE
you’ll be
delighted with the polish of your timber floors. If not, we’ll polish them again
at NO ADDITIONAL COST*. That’s right, you won’t have to pay anything extra.
5. We
GUARANTEE
to clean up our mess & put it in the
appropriate place… including all dust… to
your
satisfaction. If not, we’ll keep
cleaning until you are! 6. Because we have a wide range of polishing options for
you to choose from, we can tailor the finish to what YOU want.7.
We GUARANTEE
to finish
working in your home when we say…or… we’ll pay you $200 for every day that we’re
over.* This way you know that we’ll keep our word.
Enviro Floors reserve the right to cancel any of these offers at any time.
3. Intellectual
Property
Except as indicated otherwise, all information,
text, graphic images, features or functions, and layout (including the "feel and
look") contained in this Site are the exclusive property of the Company and may
not be copied or distributed, in whole or in part, without the Company's express
written consent.. However, you may download or print any pages from this Site
for personal, non-commercial use, provided you do not remove any copyright
notices.
4. Links
The links from this Site to other websites are
provided for your information and convenience only. The Company does not assume
any responsibility or liability with respect to any website linked from this
Site (or any website linking into this Site), including its content and
operation. The Company does not review or monitor such links. Some websites may
be outside your country and subject to different regulators and rules.
A link from this
Site to another website (or a link from another website to this Site) does not
constitute a referral, endorsement, approval, advertising, offer or solicitation
with respect to such website, its contents, or any products or services
advertised or distributed through that website. The Company believes that the
links it provides to other publicly accessible websites, webpages, newsgroups,
and other sources is legally permissible and consistent with the common,
customary expectations of those who make use of the Internet.
Without the written
consent of the Company no person and no website may make a link to this Site,
whether to its homepage or to any internal page.
5. Privacy
Policy
The Company takes reasonable precautions to keep all
information obtained from online visitors secure against unauthorised access and
use and periodically reviews its security measures.
Do not send any
confidential or proprietary information to the Company through the Site. A
confidential relationship is not created between you and the Company by the
transmission of information to the Company. Any information the Company receives
through the Site, other than your personal identity information, is deemed
non-confidential. Personal identity information is used by the Company only to
process a request for information by you or for marketing our products and
services. By transmitting information to the Company through the Site or any
other electronic means, you grant to the Company the unrestricted irrevocable
license to use, reproduce, display, modify, distribute and perform such
information. The Company has the right to use the information, including any
know-how, techniques or ideas contained therein free of charge for any purpose
whatsoever.
6. Monitoring
The Company is not obligated to monitor any
submissions or transmissions to or through this Site or any website to which
this Site links or that links into this Site. The Company, however, reserves the
right to monitor the same, including any chat rooms or similar website features.
You acknowledge that no obligation of any kind shall be attached to such
information and that by submitting or transmitting such information, no
confidential, contractually implied or other relationship is created between you
and the Company.
7. User Conduct
When accessing or making use of any part of this
Site, you may not:
-
post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, pornographic, profane or otherwise
objectionable information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
national or international law;
-
post or transmit any information or software
which contains a virus, worm, Trojan horse or other harmful component;
-
interfere with the functioning of this Site or
restrict or inhibit any other user from using this Site;
-
post, publish, transmit, reproduce, distribute
or exploit any information, software or other material obtained through this
Site for commercial purposes without the prior written consent of the
Company.
Caution:
Any attempt by any person to damage this Site or
undermine its operation may be a violation of criminal or civil laws. The
Company reserves the right to seek damages from any such person to the full
extent of the law.
8. Applicable
Law and Jurisdiction, Local Legal Restrictions, Updates, Other
This Site and these Terms of Use shall be construed,
enforced and performed in accordance with the substantive laws of
Australia without
reference to principles of conflicts of laws.
The Company makes
no representation that any information, materials or features/functions included
are appropriate for use in any other jurisdiction. The Site is not directed to
any person in any jurisdiction where (by reason of that person's nationality,
residence, citizenship or otherwise) the publication or availability of the Site
and its content is contradictory to local laws or regulations. Persons with
respect of whom such restrictions or prohibitions apply must not access or use
this Site. By accessing or using this Site you do so on your own initiative and
are solely responsible for compliance with the applicable local laws and
regulations.
Updates and
modifications to these Terms of Use are subject to change at any time. Be sure
to check these Terms of Use each time you access and/or use this Site.
Last update: Jan
2005
General Terms
Enviro Floors
General Terms and
Conditions of Enviro Floors, 1 Jamiaca Drive, Deception Bay, Queensland, 4508,
Australia.
Article 1:
Applicability
1. These
General Terms and Conditions of Sale shall apply to any and all agreements under
which the private limited liability company Enviro Floors ("ENVIRO FLOORS")
sells goods and/or provides services.
2. ENVIRO FLOORS expressly rejects the applicability
of any purchasing conditions that contravene these General Terms and Conditions
of Sale.
3. If, upon acceptance, purchasers refer to their
own terms and conditions, as a result of which the said terms and conditions
should be applicable, the same shall not be binding upon ENVIRO FLOORS.
Article 2:
Quotations
1.
Quotations by ENVIRO FLOORS shall be free of obligation and constitute no more
than an invitation to make an offer.
2. Quotations shall remain valid for a period of
three months.
3. ENVIRO FLOORS may withdraw quotations up to
eight days following acceptance by the purchaser, in which case neither party
shall be bound.
4. Any items enclosed with the quotation, such as
samples, trial models, drawings and suchlike shall remain ENVIRO FLOORS
property, and may not be copied, multiplied, shown or made available for perusal
to third parties.
Article 3:
Coming into effect
The
agreement shall come into effect by despatch of a written order confirmation by
ENVIRO FLOORS. If no other day is indicated, the date of the order confirmation
shall be the effective date.
Article 4:
Prices
1. The
prices stated in the order confirmation shall be applicable, barring any
mistakes or typos apparent to the purchaser.
2. Unless stated otherwise, all the prices shall be
in Australian guilders until
1 January 2005 and after that date in dollars (AU).
3. All the prices shall be exclusive of Goods &
Service Tax (GST) and other taxes and levies relating to the sale and delivery
of goods.
4. The costs of transport from the manufacturing
site shall not be included in the price.
5. Starting three months after the agreement comes
into effect, ENVIRO FLOORS shall be entitled to raise the prices for goods
delivered thereafter.
6. If ENVIRO FLOORS exercises this right, the
purchaser shall be entitled to dissolve the agreement for 14 days following
receipt of the pertinent notification with respect to those goods that ENVIRO
FLOORS has not yet taken into production. The purchaser shall compensate ENVIRO
FLOORS for any raw and/or auxiliary materials specially purchased for the order
in question.
7. If the purchaser dissolves the agreement
pursuant to paragraph 5, the price for the goods for which the agreement remains
effective shall remain unaltered.
Article 5:
Fulfilment
1.
ENVIRO FLOORS reserves the right to provide the goods to be supplied with its
name, brand and/or code.
2. Even if samples or trial copies have been sold,
the goods supplied shall be deemed to comply with the agreement, allowing for
deviations, variations or differences in colour and/or design inherent to
manufacturing, irrespective of whether they occur in the same or between
different batches.
3. Without prejudice to the provisions of paragraph
2, the goods shall in any event comply with the agreement, if visible
properties, such as dimensions, imprints, colours and the like correspond to the
samples and/or trial copies approved by the purchaser.
Article 6:
Packaging
1. For
each type of product, an efficient type of packaging shall be included in the
price, excepting pallets.
2. The purchaser is to return the same or similar
pallets of at least the same quality to the ENVIRO FLOORS shipping address.
3. In the case of deliveries within the
Australia, the
packaging material shall remain the property of ENVIRO FLOORS and is to be
returned as soon as possible, with the exception of evidently disposable
packaging materials, such as shrink-wrap film. ENVIRO FLOORS shall not be
required to take back such material.
Article 7:
Force Majeure
1. If
fulfilment of the agreement by ENVIRO FLOORS is temporarily or permanently
impeded in whole or in part by force majeure as referred to in paragraph 3,
ENVIRO FLOORS shall be entitled to dissolve the agreement in whole or in part,
or to defer fulfilment of its obligations in whole or in part for the period
that the impediment lasts.
2. Even after deferral, ENVIRO FLOORS shall remain
entitled to dissolve the agreement in whole or in part on the grounds of this or
another instance of force majeure.
3. Force majeure shall be understood to include:
war, state of siege, riots, sabotage, natural
disasters, government measures, fire, lockouts, strikes, shortages of raw or
auxiliary materials, shortage of workers, failures in the power and/or water
supply, traffic congestion, breakage of machines and/or tools, as well as
non-fulfilment of obligations vis-à-vis ENVIRO FLOORS by third parties,
irrespective of the cause, without ENVIRO FLOORS having to demonstrate the
impact thereof on its business.
Article 8:
Delivery
1. If
no time of delivery has been agreed upon, the term of delivery shall be at least
four weeks.
2. The purchaser shall accept the goods within four
weeks of the agreed delivery date or delivery deadline.
3. ENVIRO FLOORS shall be entitled to make
deliveries in parts, in which case the purchaser shall owe a proportional
portion of the purchase price for each partial delivery.
4. The goods shall be delivered from a plant
specified by ENVIRO FLOORS, i.e. "EXW" (= "ex works") as referred to in the
Incoterms, drawn up by the International Chamber of Commerce, as applicable at
the time of conclusion of this agreement.
5. ENVIRO FLOORS shall be entitled to deliver the
goods to a location other than provided in paragraph 4, provided that it
compensate the purchaser for any additional transport costs, barring force
majeure.
6. Goods sold on the basis of "ex works " shall
always be transported from the plant at the expense and risk of the purchaser.
The purchaser shall be regarded as carrier in that context, regardless of any
other provisions applicable between the seller and third parties.
7. ENVIRO FLOORS cannot be held liable for
exceeding any delivery deadline.
8. In any event, ENVIRO FLOORS shall never be in
default by operation of law by the mere lapsing of a delivery term.
Article 9:
Reservation of Title
ENVIRO
FLOORS shall reserve the title to the goods delivered until the purchaser has
fully met his.
Article 10:
Payment
1. The
purchaser shall make payments by transferring or depositing the amounts due into
the bank or account specified in the invoice.
2. Invoices are to be settled by the purchaser
within 30 days of the invoice date.
3. Any and all expenses associated with payment
shall be borne by the purchaser.
4. The purchaser shall in no event be entitled to
effect any set-offs.
5. ENVIRO FLOORS shall always be entitled to demand
payment or security other than provided in this agreement prior to (continuing)
fulfilment of the agreement.
Article 11:
Faulty Delivery / Product Liability / Guarantee
1. If
and in so far as the goods sold by ENVIRO FLOORS are not guaranteed by their
manufacturer, ENVIRO FLOORS shall guarantee the goods sold for twelve months
against manufacturing, construction and material errors, subject to the
conditions listed hereinafter.
2. If an item delivered does not comply with the
agreement and if the requirements set forth in Article 12 have been satisfied,
ENVIRO FLOORS shall, at its discretion, repair or replace the item delivered
free of charge.
3. If (any further) repair or replacement is not
economically viable, ENVIRO FLOORS shall be entitled to dissolve the agreement
on condition that it repay the purchaser or credit his account with the purchase
price and any and all costs the purchaser has paid ENVIRO FLOORS.
4. Any other obligation to pay damages shall be
limited to the amount to which ENVIRO FLOORS is liable under Australian Civil
Code.
Article 12:
Complaints
1. The
purchaser shall inspect the goods within fifteen days of delivery or, as the
case may be, on-site installation by ENVIRO FLOORS.
2. The purchaser shall inform ENVIRO FLOORS in
writing within fourteen days of the end of the term referred to in paragraph 1
of any objections on account of non-compliance of the goods with the agreement
that have become or should reasonably have become apparent during the said
inspection.
3. The purchaser shall inform ENVIRO FLOORS in
writing of any other defects within fourteen days of their detection.
4. By exceeding the terms referred to in paragraphs
2 and 3, the purchaser shall forfeit all claims.
5. Upon request, the purchaser shall furnish all
the information required by ENVIRO FLOORS that may reasonably be relevant to
settling the question of liability and (the scope of) the damage, under penalty
of forfeiting any claim whatsoever.
6. Legal claims and defences by the purchaser due
to shortcomings on the part of ENVIRO FLOORS shall cease to be valid one year
after delivery of the goods in question if the case is not brought before the
court within the said term.
Article 13:
Non-fulfilment by the Purchaser
1. The
purchaser shall be in default by operation of law without notice of default
being required, if he fails to pay on time according to the provisions of
Article 10.
2. Upon commencement of default, the entire
purchase price shall be due and payable, also in respect of goods not yet
delivered.
3. In the event of default, the purchaser shall, in
addition to other damage, owe ENVIRO FLOORS all the costs of judicial and
extrajudicial collection, to a minimum of 5% of the invoice amount.
4. In that case, ENVIRO FLOORS shall be entitled to
defer fulfilment of all its obligations under this or other agreements until the
purchaser has paid all his amounts due or has provided security therefor.
5. In addition, ENVIRO FLOORS shall be authorised
to dissolve the agreement by means of a written statement to the purchaser, even
if ENVIRO FLOORS had initially deferred fulfilment of its obligations.
6. Dissolution shall not prejudice ENVIRO FLOORS
right to full compensation of all damage.
Article 14:
Advice
ENVIRO
FLOORS shall provide advice to the best of its ability, but disclaims any and
all liability for its contents, correctness or completeness.
Article 15:
Intellectual and Industrial Property Rights
1. The purchaser shall indemnify ENVIRO FLOORS for
third-party claims on account of infringement of copyright, patents, trademark
rights and/or any industrial and/or intellectual property rights of third
parties to goods manufactured according to a drawing, model and/or process
originating from the purchaser.
2. All the rights to drawings and models designed
in whole or in part, in co-operation with the purchaser or otherwise, by or on
behalf of ENVIRO FLOORS shall be and remain vested in ENVIRO FLOORS.
3. The purchaser shall be required to observe the
said rights and inform ENVIRO FLOORS of any infringement forthwith.
Article 16:
Means of Production
The
means of production created for the production of the goods delivered to the
purchaser, such as moulds, dies, films, plates, etc, shall remain ENVIRO FLOORS
property, even if the purchaser has been charged in whole or in part for the
same.
SPECIAL
PROVISIONS REGARDING THE ACCEPTANCE OF ORDERS
Article 17:
Definitions
In
these terms and definitions, the following terms shall be employed in the
meanings provided in this article:
a. construction site: the location and/or
object where the work agreed upon is to be performed;
b. materials: any and all items to be
processed and/or delivered under the agreement.
Article 18:
Costs
1.
Unless the work is contracted for an "all-in" price, the client shall owe
compensation for travelling time, travelling and accommodation expenses, the
costs of materials and parts, in addition to the costs of the work itself.
2. The prices shall apply to performance of work on
weekdays, i.e. from Mondays to Fridays from
8:00 a.m. to 5:00 p.m., with the exception of
official holidays. For work performed on different days and at different hours,
ENVIRO FLOORS shall charge its rates for overtime and the associated extra
costs.
3. The client shall in any event be liable for the
extra costs resulting from delays attributable to him.
Article 19:
Construction Site
1. The
client shall provide ENVIRO FLOORS with the opportunity to perform the work
agreed upon without interruption at the agreed time and place.
2. The location where the work is to be performed
must be suitable for the purpose and all the necessary facilities, such as a
suitable surface, must be present.
3. The construction site must be easily accessible
to ENVIRO FLOORS personnel and the necessary vehicles, machines and equipment.
4. The construction site must have a suitable,
clean, dry and lockable facility for storing materials.
5. The client shall follow ENVIRO FLOORS
instructions in respect of the above.
6. If work has to be performed in the open air, the
costs of delay resulting from adverse weather conditions shall be borne by the
client from the second day.
7. The risk associated with materials shall be
borne by the client from the moment the same are delivered to the construction
site, without prejudice to ENVIRO FLOORS reservation of title.
Article 20:
1. The
client shall observe any and all provisions under and pursuant to the Working
Conditions Act as if he were the employer of ENVIRO FLOORS personnel.
2. If special provisions are applicable on the
site, the client shall instruct ENVIRO FLOORS personnel properly and in
sufficiently understandable terms, and shall actually supervise compliance
therewith.
3. ENVIRO FLOORS shall be entitled to charge the
client for the time involved in such instruction.
4. The client shall be entitled and required to
provide ENVIRO FLOORS personnel with the necessary directions to ensure safety.
5. The client shall obtain the necessary permits
and exemptions well before commencement of the work and shall grant the
supervisor from ENVIRO FLOORS access thereto upon request.
Article 21:
Subcontractors
1.
ENVIRO FLOORS shall be entitled to have all or part of the work performed by
skilled subcontractors.
2. The client shall have the same rights and
obligations towards the subcontractor as towards ENVIRO FLOORS own personnel.
Article 22:
Completion
1.
Unless explicitly otherwise agreed upon, the terms stated for completion shall
serve as targets and ENVIRO FLOORS shall not be in default by exceeding the
same.
2. The activities shall be completed once ENVIRO
FLOORS has issued a statement to that effect.
3. If such a statement has not been previously
made, the (final) invoice shall serve that purpose.
4. If the client does not inspect and reject the
work within fifteen days of the said statement, the work shall be deemed
completed and accepted in a proper state.
5. The client shall report apparent defects to
ENVIRO FLOORS within the same term at the latest, under penalty of forfeiting
the right to claim repair.
Article 23:
Liability
1.
ENVIRO FLOORS shall perform the work in accordance the requirement of good and
proper work.
2. ENVIRO FLOORS shall not be liable for any losses
resulting from use under abnormal circumstances or use other than the use
originally specified by the client.
3. Article 12 shall apply mutatis mutandis
to ENVIRO FLOORS work.
4. Any liability of ENVIRO FLOORS shall be limited
to compensation for the work in question, not including expenses and GST.
5. The client shall indemnify ENVIRO FLOORS for
claims from its personnel and third parties in relation to work performed by the
said personnel, even if this facilitated ENVIRO FLOORS performance within the
scope of the order.
6. The client shall be liable for any and all
damage to and loss of materials, tools, equipment and other property of ENVIRO
FLOORS and its personnel present in the areas designated by the client.
GENERAL FINAL
PROVISIONS
Article 24:
Transfer of Rights
Neither
the client nor the purchaser shall be entitled to transfer any claim against
ENVIRO FLOORS or to encumber the same with a limited right in favour of a third
party without prior written permission from ENVIRO FLOORS.
Article 25:
Conversion
If any
provision of these terms and conditions should be deemed null and void, annulled
or non-binding, the other provisions of these terms and conditions shall
nevertheless remain in force. Furthermore, such a non-effective provision must
be converted into a similar provision that is effective.
Article 26:
Applicable Law and Competent Court
1. The
agreement shall be exclusively governed by Australian law.
2. Only the competent Australian court and, in so
far as legally possible, the court having jurisdiction over
Deventer shall have
the power to settle disputes.
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