WET FEET LIMITED T/A MARTON LEE TERMS OF TRADE

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Where These Terms Apply :

These terms apply to the purchase or use by you, a customer, of any of our goods or services after we have advised you (or you and we have agreed that they apply) and have provided you with a copy of these terms. Purchase or use of our goods or services after that date constitutes acceptance by you of these terms. 
For the purposes of these terms (unless the context otherwise requires) :
“we”, "us" and "our" means Wet Feet Limited T/A Marton Lee, and (where applicable) any person to whom we have transferred any of our rights and/or responsibilities under these terms; and “you” means a customer who we have advised, or with whom we have agreed, that these terms apply to their purchase or use of our services.

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Payment :

1. You will pay our account in accordance with the payment terms detailed in our quotation within seven days of the invoice being issue.

2. If full payment is not made by you to us by the due date then:
   (a) You will be in default under this agreement and we may exercise all of the rights and remedies set out in it and otherwise available at law; and
   (b) You will pay interest on the default moneys at the overnight daily interest rate charged by our bankers, calculated per month on a daily basis from the due date; and

3. You will be liable for all expenses (including solicitor – client costs and collection expenses) incurred by us as a result of the default and we may withhold the further supply of goods and services to you on credit.

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Validity of Payment :

1. You acknowledge that:
   (a) All payments made to your account with us are in the ordinary course of your business; and
   (b) All payments to your account are received by us on the reasonably held belief that those payments are valid unless you advise us otherwise in writing; and
   (c) By accepting any payments on or after the due date for payment we have altered our position in reliance on the validity of those payments.

 

Price :

1. All goods and services are supplied at the prices ruling at the delivery date and we reserve the right to pass on to you any change in price after the date of any quotation.

2. All prices are exclusive of goods and services tax, which is payable by you in addition to the price quoted by us.

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Procedure : ​

1. Quotation accepted

2. Client to advise make/model of all appliances and confirm any specification details (handles, colours, drawer inserts etc) not already detailed in the quotation. Any delay in providing this information will affect scheduling of the site measure/preparation of ‘working’ drawings

3. Site measure carried out

4. ‘Working’ drawings prepared and sent to to the client for sign-off.  A one-week review period will be allowed for. Any changes requested (unless they occur as a result of an error by ML in interpreting the designer/client drawings), will be charged at $125.00 + GST per hour. Any delay in sign-off will affect manufacture and install time frames

5. Client to arrange delivery of appliances to ML factory: fridge (if integrated), dishwasher, hob, extractor/power-pack, ovens (if built-in) and microwave (if with trim-kit). Any delay in delivering appliances will affect manufacture time frame

6. Manufacture of cabinetry  

7. Client inspection of cabinetry in factory (pre painting/finishing)

8. Installation of cabinetry provided that the site is ready.  Site must be gib stopped and painted, and flooring installed. 

9. Benchtops templated

10. Benchtops installed (typically 10-15 working days after template but can vary depending on fabricator workload)

11. Splash-back templated (typically 10 working days but can vary depending on fabricator workload)

12. Splash-back installed

13. ML installer to return to site to install kickboards, final finishes  

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Appliances and LEDS :

1.  While Marton Lee does take responsibility to ensure that all appliances will fit in the cabinetry, we DO NOT install the items. We will deliver any appliances (that have been sent to our factory) and place them approximately in position. Your electrician / plumber will need to make the necessary connections and do a proper/final install.

2. While Marton Lee does take responsibility to install the LED strips / LED down-lights to the cabinetry (if quoted) it is the responsibility of your electrician to attach the ‘tails’ to the driver (supplied by us) and connect this in turn to the mains power.

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Site Access, Delivery and Freight :

1. We will make every effort to keep to delivery schedules, but will take no responsibility for delivery delays beyond our control. Unless otherwise agreed in writing, point of delivery will be at our premises.

2. Our quotes are based upon having clean and clear site access to all quoted areas, and clear delivery access. In the event that the cabinetry cannot be placed appropriately, and the cabinetry needs to be moved at a later date to the correct position; this will be charged as an additional cost of ($125.00 + GST per hour)

3. Delivery access is quoted for two-person team, where extra staff or specialised equipment is required for difficult access this will be an additional charge ($125.00 + GST per additional staff plus hire fee of the appropriate equipment

4. Two site visits have been allowed for in the quote. Any additional site visits required as a result of issues outside of our control (e.g. other tradesmen not having completed their work), will be charged as an extra cost (based on $125.00 + GST per hour on site plus travel)

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Benchtops and Splashbacks 

1. Our quote prices assume that no additional lifting equipment (e.g. Hi-Ab) will be required. Should this be necessary, there will be an additional charge.

2.  In the event there is more than one room quoted, all rooms must be templated and, subsequently installed, at one time. If multiple visits are required for templates / installs, this will be an extra charge. 

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Liability on Claims:

1. All claims against us must be made by you within 10 working days of receipt of our invoice. We reserve the right, in our discretion, to repair or replace goods or to credit the portion of the price applicable to the goods and services in respect of any claims accepted. We will use our best endeavours to enforce any guarantees or warranties given by the manufacturer of goods supplied by us.

2. Our total liability for any loss arising from any defect or non-compliance of the goods and services or any other breach by us of its obligations under this agreement will not in any circumstances exceed the price quoted by us.

3. We will not be liable for:
   (a) Any consequential indirect or special damage or loss of any kind; and
   (b) Any loss caused by your servants, agents or any other persons whatsoever.

4. You will indemnify us against any claim by your servants, agents or other persons in respect of any loss arising from any defect in or non – compliance of the goods and services or in respect to any other matter whatsoever.

5. No warranty, condition or guarantee either express or implied is given by us as to the quality, state or condition of any goods or as to their appearance, content or fitness for any particular purpose.

 

Risk and Ownership :

1. Risk in any goods supplied to you will pass when we part with possession of the goods in accordance with this agreement. But we retain property in the goods until all money that you owe to us (whether under this agreement or otherwise) has been paid in full.

2. When dealing with the goods you act as a principal as between you and any third party but act as an agent as between you and us.

3. You act as a fiduciary to us and have a fiduciary duty to account to us for the goods. If the goods are sold you receive the proceeds of sale as a trustee for us.

4. If required to do so by us, you will store the goods separately so that they are identifiable as our property. If the goods are sold you will place the proceeds of sale in a separate bank account for our benefit.

5. If any money you owe to us is overdue or if you commit an act of bankruptcy or, where you are a company, if a receiver is appointed or you do anything which would render you liable to be wound up, you will at our request:
   (a) Re-deliver the goods to us or do anything reasonably necessary to allow us to retake possession of them; and
   (b) Instruct any third parties who owe money in respect of the goods to pay that money directly to us; and
   (c) Make any records available which may assist us to trace the proceeds of sale of the goods.

6. The goods will not become fixtures on any land while the customer owes any money to us, regardless of the degree to which and purpose for which they are fixed to the land.

7. You have no right to assert against us ownership of the goods or the proceeds of sale or any part of them. If we take possession of the goods or the proceeds and after deduction of all money you owe to us (including any interest due and Including any expense occurred by us in enforcing our rights including legal expenses as between solicitor and client) and there is a surplus, we will pay that surplus to you.

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Consumer Guarantees Act :

1. Where we supply goods and services to you for business purposes within the meaning of the Consumer Guarantees Act 1993, the provisions of that Act will not apply to this agreement.

2. Where you supply goods to a person acquiring them for business purposes it will be a term within your contract with the buyer of the goods that the Consumer Guarantees Act 1993 will not apply in respect of the goods.

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Waiver and Forbearance :

1. All of our rights will remain in full force despite any delay in enforcement. We will not be deemed to have waived any condition unless that waiver is in writing and signed by us. Any waiver will apply only to the particular matter in respect of which it is given.

 

Transfer of Rights and Responsibilities :

1. We may transfer to a third party any of our rights and/or responsibilities under these terms. We may, in particular:
   (a) Transfer any debt you owe us under these terms to a third party; and/or
   (b) Authorise a third party to carry out any of our responsibilities or exercise any of our rights under these terms;

2. You may not transfer your rights and responsibilities under these terms.
   Entire Contract

3. You acknowledge that these terms express the complete agreement between us. There has been no representation made by us to you except as expressly set out in this document. There is no inconsistency with the terms of any order that may be lodged by you. If there is any inconsistency then any such order will be of no effect. This agreement will not be subject to change or modification except with the prior written consent of both parties.

 

Termination :

1. We may terminate any agreement with you by written notice to you, if you:
   (a) Default in payment; Become insolvent; 
   (b) Are subject to the appointment of a receiver, receiver and manager liquidator or statutory manager; or commit an act of bankruptcy; 
   (c) Make a scheme of arrangement with your creditors; or
   (d) In our opinion, are unlikely to be able to meet your obligations to us.

 

Minimum Purchase :

1. If you spend under $1000.00 during any 12 month period we reserve the right to close the account and operate on a cash sales basis only.