Terms & Conditions

fixedpricetrade's Terms and Conditions

This page advises you of the terms and conditions on which we sell the products and services listed on our website http://www.fixedpricetrade.com. It is important that you read these terms and conditions carefully before ordering any products or services from our site.

Please feel free to print a copy of these terms and conditions for future reference.

Your use of this website indicates that you accept the terms and conditions together with our Privacy Policy. If you do not accept the terms and conditions and/or the privacy policy you should discontinue your use of this website.

 

  1. Information About Us

http://www.fixedpricetrade.com (Fixedpricetrade) is a site owned and operated by Fixed Price Trade Pty Ltd, a company registered in Australia. Our ABN is 83 643 456 044. Our registered office is Unit 1, 9 Kingsbury Street Brendale QLD 4500. Our email address is admin@fixedpricetrade.com. Our contact phone number is 1300 663 764.

 

  1. Service Availability

Currently we only accept orders from within Australia and within 100km of our service providers addresses. Travel up to 25km is included in our service fee. 

 

  1. Your Status

By placing an order through the Fixedpricetrade website you warrant that:

3.1        You are legally capable of entering into a binding contract.

3.2        You are at least 18 years of age.

3.3        You are a resident in one of the above serviced countries

 

  1. Service Contract

4.1       We will not process your order until the deposit has been successfully received.

4.2       We are entitled to refuse any order made by you for any reason.

4.3       When making a request for service it is your responsibility to ensure that all the details you have provided to Fixedpricetrade are true and accurate, that you are an authorised user of the credit or debit card used to make the purchase request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible. We will not be obliged to supply any other additional Service whether expected by you or not.

4.4       You acknowledge that Fixedpricetrade will subcontract the performance of the service to a third party. The Service Provider who attends site will be contractors engaged by Fixedpricetrade to perform the work requested, or employees or sub-contractors of Fixedpricetrade contractors.

4.4       You must ensure that a person who is at least 18 years of age is present onsite at all times whilst Service Provider is onsite to provide the Services, and that such person is authorised to approve all completed work and provides such assistance as the Service Provider may reasonably request in order to provide the services. If not, the Service Provider may leave the site and Fixedpricetrade may invoice you for an extra installation site visit.

 

  1. Payment terms

5.1        You are responsible for paying all sums due in connection with services used as set out in these terms.

5.2        Failure by you to use any of the services booked or arranged, does not relieve you of payment obligations under these Terms.

  1. Cancellations

6.1      You have the right to cancel a service by contacting Fixedpricetrade on 1300 663 764 or via email using within 5 working days receiving a full refund for any fees paid to Fixedpricetrade.

6.2      24 hours notice must be given prior to commencement of any service in order to qualify for a full refund. If cancellation takes place within 24 hours of commencement time and date, a partial refund shall be given at an appropriate rate.     


  1.   Price and Payment - Products
  2. The price payable for the services shall be shown on the website. Prices advertised on the Website are inclusive of GST and travel charges up to 25km from the service provider.
  3. Prices are subject to change without notice but changes will not affect orders which have already been accepted.

 

  1. Additional Charges

Should your service request via Fixedpricetrade require additional parts and/or labour we will provide you with an estimate of charges prior to performing work. Additional travel fees and expenses may apply to services provided beyond a radius of 25km from the service provider to the address where the services are to be provided. Travel time, parking, ferry fees or additional fees and charges associated with installations for inner city, CBD and island locations will be charged to the Customer as an additional cost.

Unless specifically mentioned in the product service scope of works, Fixedpricetrade does not include any parts, consumables or accessories (wall brackets, gases, glues, additional materials other than those deemed standard or included with the product for installation or assembly) in providing the service, except where specifically listed in the scope of services description. Unless otherwise specified, delivery, decommissioning of existing products and removal of existing units are not included in the price.

Payments for additional charges will be required prior to the conclusion of us completing the service.

 

  1. Intellectual Property Rights

All and any intellectual property rights in connection with the products and services shall be owned by Fixedpricetrade and Fixed Price Trade Pty Ltd absolutely.

 

  1. Statutory Rights under The Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to compensation for any reasonably foreseeable loss or damage you suffer as a result of any failure by our services to comply with these guarantees. In the event of a major failure of our services to comply with these guarantees, you are entitled to terminate the contract for the supply of our services or recover compensation for any reduction in the value of our services below the price paid for the services. You are also entitled to have the failure of our services to comply with these guarantees remedied if the failure of our services to comply with these guarantees does not amount to a major failure.

To the extent we supply goods to you as part of the provision of the Services to you, our goods come with guarantees that cannot be excluded under the Australian Consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Your rights under the Australian Consumer Law exist independently of your rights under the limited warranties set out in these terms and conditions. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

  1.   Limitation of Liability and Release

You acknowledge and agree that to except as otherwise expressly provided under these terms and conditions or required by law (including, without limitation, the Australian Consumer Law), under no circumstances shall Fixedpricetrade and/or Fixed Price Trade Pty Ltd be liable to you or any other person for any loss, cost, damage, expense, injury or death arising from, or in connection with, the Services (or any other services provided to you), whether in contract (including any breach of these terms and conditions), tort (including negligence), equity, restitution, under statute or regulation, under any other legal cause of action, claim or right, or otherwise, including without limitation, any loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, loss of reputation, cost of obtaining replacement goods, indirect, incidental, special or consequential damages, data loss or corruption, economic loss or damages of any nature or description, or any loss or damage caused by any Service Provider acting outside of his or her actual authority or not in performance of their duties to Fixedpricetrade and/or Fixed Price Trade Pty Ltd. In consenting to the performance of the Services, you agree to release Fixedpricetrade and/or Fixed Price Trade Pty Ltd (to the maximum extent permitted by law), from and against any loss, liability or damage to the Premises (including but not limited to, walls, skirting boards, floors) which may occur in the course of the performance of the Services by the Service Personnel. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the liability of Fixedpricetrade and/or Fixed Price Trade Pty Ltd in respect of the Services is limited to (at the election of Fixedpricetrade and/or Fixed Price Trade Pty Ltd) resupplying the Services or paying the cost of having the Services re-supplied. To the extent permitted under the Australian Consumer Law, if any services provided to you by Fixedpricetrade and/or Fixed Price Trade Pty Ltd are of a kind not ordinary acquired for personal, domestic or household use, then the liability of Fixedpricetrade and/or Fixed Price Trade Pty Ltd for any failure by those services to comply with any Consumer Guarantee is limited to (at the election of Fixedpricetrade and/or Fixed Price Trade Pty Ltd) resupplying those services or paying the cost of having those services re-supplied.

 

  1. Disclaimer

12.1      Fixedpricetrade endeavours to deliver timely service notwithstanding unpredictable scheduling, unseasonal work volumes, unscheduled transport issues or sickness problems and other factors beyond our control, including but not limited to power failure, technical breakdowns, poor weather and acts of God. Fixedpricetrade will provide to you the service to the best of its ability. Fixedpricetrade makes no guarantees as to the speed, timeliness or quality of service nor does it accept responsibility and/or liability for ongoing service matters other than those provided for in these terms and conditions. If Fixedpricetrade’s ability to provide services is impaired by your failure to cooperate or due to circumstances beyond our control, we may choose not to provide the services and where appropriate will provide you with a refund. Service can also be denied if dangerous or unhealthy conditions are present.

12.2      The working environment in which Fixedpricetrade is requested to perform the service must meet the respective Occupational Health and Safety (OH & S) regulations in the applicable State or Territory. If Fixedpricetrade reasonably believe that the working environment does not meet the requirements of the respective State or Territory regulations then we reserve its right at our sole discretion to leave the installation site and Fixedpricetrade may charge you for the installation site visit.

12.3      It is your exclusive responsibility to dispose of any goods that will be replaced by us in carrying out the service. Fixedpricetrade will not disassemble, deconstruct, break down or remove any product even if necessary for removal if not detailed in the product scope of works or added as a service.

 

  1. Force Majeure

13.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

  1. A Force Majeure Event include any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
    1. Strikes, lock-outs other industrial action
    2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war.
    3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    4. Impossibility of the use of railways, shipping, aircraft, motors transport or other means of public or private transport.
    5. Impossibility of the use of public or private telecommunications networks.
    6. The acts, decrees, legislation, regulations or restrictions of any government.

 

  1.  Amendment of the Terms and Conditions

14.1      We have the right to amend these terms and conditions from time to time to reflect changing market conditions. This may affect changes in technology, payment methods, changes in relevant laws and regulatory requirements and changes in our systems capabilities.

 

  1.   Any questions, comments or concerns?

15.1      Questions, comments or requests regarding these terms and conditions or our products or services should be emailed to admin@fixedpricetrade.com or please phone 1300 663 764.