Information Collection and Use
We may collect personally identifiable information when you visit or use our pages. We may also receive personally identifiable information from our business partners. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the page you requested. We may use this information for three general purposes: to customize the content you see, to fulfill your requests for certain services and information, and to contact you.
Information Sharing and Disclosure
We will not sell or rent your personally identifiable information to anyone. We will send personally identifiable information about you to other companies or people when:
(1) we have your consent to share the information;
(2) we need to share your information to provide the product or service you have requested;
(3) we need to send the information to companies who work on behalf of Lazco to provide a product or service to you (unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us);
(4) we respond to subpoenas, court orders or legal process; or
(5) we find that your actions on our web sites violate the above terms of service, or any of our usage guidelines for specific products or services.
OBJECTIVE HOLDINGS PTY LTD (ACN 009 404 102) T/A LAZCO REFRIGERATION
8 Guthrie Street Osborne ParkÂ WA 6017Â
(ABN:67 804 794 774)
Manufacture and Installation Terms and Conditions
- DEFINITIONS Agreement means this Manufacture and Installation Terms and Conditions agreement between the Client and Lazco; Business Hours means 8.00am to 5.00pm from Monday to Friday; Client means the person/business or company specified in the Quotation; Deposit means the deposit payable by the Client to Lazco as specified in the Quotation; Goods mean the goods provided by Lazco to the Client as specified in the Quotation; Guarantors means the Guarantor/s (if any) as specified in the Quotation; Invoice/s means any tax invoice or invoices issued by Lazco to the Client from time to time for payment of the purchase price as specified in the Quotation; PPSA means the Personal Property Securities Act 2009 (Cth); Public Holiday means a Saturday, Sunday, or public holiday in Western Australia, Australia, or any day as otherwise declared and published by the Department of Commerce Western Australia; Purchase Price means the price to be paid for the Goods and Services as specified in the Quotation; Quotation means the quotation issued by Lazco to the Client attached to this Agreement which may be amended from time to time as permitted by the terms of the Quotation; Services means the installation of the Goods by Lazco at the Site in accordance with the Quotation; and Site means the Clients site at which the Goods are to be installed as specified in the Quotation.
- AGREEMENT TO PROVIDE GOODS AND SERVICES 2.1 Lazco has offered and the Client has agreed to accept Lazco’s offer to provide the Goods and Services at the Site subject to the terms of the Quotation and this Agreement.
- 3. PURCHASE PRICE AND PAYMENT 3.1 Deposit The Client agrees to pay the Deposit to Lazco prior to Lazco providing any Goods and Services under this Agreement. 3.2 Purchase Price The Client agrees to pay the balance of the Purchase Price in the manner specified in the Quotation.
3.3 Payment Lazco shall provide the Client with an Invoice/s. The Client shall pay the Invoice/s by the due date specified on the Quotation via direct deposit to Lazco’s nominated account or by cheque. 3.4 Interest on Overdue Invoices Interest on overdue Invoice may be charged at fifteen percent 15% per annum calculated on a daily basis until all Invoice/s or all monies owing to Lazco by the Client are paid in full.
- DELIVERY AND INSTALLATION 4.1 Lazco will deliver the Goods and provide the Services in accordance with any estimated timeframe noted in the Quotation (if specified). 4.2 Lazco will advise the Client if there is an expected delay to the delivery of Goods or providing the Services. 4.3 Lazco’s inability to provide the Goods and Services in accordance with the estimated timeframe will in no way constitute a breach of this Agreement. 4.4 Lazco may retain the services of suitably qualified subcontractors to perform the Services.
- ACCESS TO SITE 5.1 The Client must ensure that Lazco and/or its subcontractors are granted access to the Site during an agreed period to allow Lazco to provide the Goods and Services in accordance with the Quotation. 5.2 The Client warrants that if they are not the owner of the Site they will obtain the consent of the owner, or the managing agent for the provision of the Goods and Services as per the Quotation. 5.3 The Client agrees to indemnify Lazco against all costs and damages either incurred or claimed against Lazco as a result of the Clients breach of this clause 5.
- SUITABILITY OF SITE 6.1 The Client agrees that it is their responsibility to ensure that the existing structures at the Site are structurally sound and capable of having the Goods and Services installed. 6.2 The Client agrees that it is their responsibility to obtain all government approvals, permits, or licenses prior to the provision of the Goods and Services. 6.3 Lazco may refuse to provide the Goods and Services if the Client fails to comply with the clause 6.
- EXCLUSIONS 7.1 The following items are strictly not included in the Purchase Price: a) electrical works at the Site; b) plumbing works at the Site; c) building works at the Site including but not limited to cutting of concrete and walls; and d) diagrams, drawings and/or plans; unless expressly stated otherwise in the Quotation. 7.2 Lazco may agree to provide the Services outside Business Hours and on Public Holiday if requested by the Client, subject to the availability of Lazco’s personnel and subcontractors. 7.3 In the event the services are supplied in accordance with clause 7.2, Lazco is entitled to charge the Client a 10% (GST exclusive) surcharge fee on the costs and expenses for the Services.
- RISK AND TITLE 8.1 In relation to the Goods: a) title in the Goods will not pass to the Client until all outstanding tax invoice/s and/or any other monies owing to Lazco are paid in full; b) risk in the Goods will pass to the Client immediately upon delivery or collection of the Goods; and c) until Lazco receives full payment of the outstanding invoice/s and/or any other monies owing to Lazco by the Client, Lazco has the right (without prejudice to any other rights and remedies it may have) to recover, remove and/or resell the Goods free from any claims by the Client. 8.2 If the Client has not paid all outstanding invoice/s and/or any other monies owing to Lazco by the Client, but sells or otherwise dispose of the Goods, the monies received in respect to the disposal of the Goods will be held on trust by the Client for Lazco and will be payable immediately to Lazco. Where the Goods are disposed of and the Client did not receive any monies from the disposal, then all tax invoice/s and/or monies owing to Lazco by the Client shall become due and payable immediately. 8.3 Lazco and its subcontractors shall not be responsible to the Client for any damages reasonably caused by Lazco while removing the Goods from the Site.
- DEFAULT NOTICE AND TERMINATION 9.1 In the event of default specified in clause 9.2, Lazco shall issue a written notice to the Client requiring the Client to rectify the default within 48 hours of the notice. 9.2 Lazco may terminate this Agreement on the occurrence of one or more of the following events: a) the Client fails to rectify the default within the stipulated timeframe; b) the Client fails to pay any Invoice by the due date; c) the Client breaches any other clause of this Agreement without remedy whether or not the breach is known to Lazco; or d) the Client becomes insolvent. 9.3 The Client shall reimburse Lazco for all costs and expenses incurred, including legal fees, in connection with and incidental to the Clients breach of this Agreement or the termination of this Agreement.
10 CLIENT INSPECTION 10.1 The Client must, within 24 hours of the installation of any Goods or performance of any of the Services, report to Lazco in writing of any issue or defect relating to the Goods or Services. 10.2 Lazco may respond within 7 business days of receiving the report from the Client, and make arrangement with the Client to investigate any defects, and resolve any issues reported. 10.3 If the Client fails to comply with clause 10.1 it will be taken that the Goods and Services have been performed correctly in compliance with the Quotation.
11 LIMITATION OF LIABILITY 11.1 Save and except to any rights and warranties not permitted to be excluded by law, the liability of Lazco at Lazco’s option shall be limited to: a) the manufacturer âs warranty for the Goods; b) re-provision of the Services and/or supply of replacement or equivalent Goods; c) the repair of the Goods; or d) payment of the costs for the repair of the Goods. 11.2Â To the extent permitted by law Lazco shall not be liable for any consequential damage that may result from a breach of this Agreement by Lazco.