Terms & Conditions
“AquaponicWarrior.com” is a trading name of Shekinah Development Holdings Pty Limited.
By engaging AquaponicWarrior.com the following terms and conditions apply unless expressly modified or excluded in writing by AquaponicWarrior.com.
1.1 AquaponicWarrior.com shall carry out and complete works described in the quote document in a good and workmanlike manner and shall have no obligation to execute any further work unless otherwise agreed in writing between the parties.
1.2 The client is responsible for obtaining any necessary planning permission for the works and the fulfilling of statutory requirements.
2.1 All International travel costs to commercial development sites are the costs of the client to be included as part of the quote. Including up to three (3) specialists.
2.1.(b) Quotes are valid for 60 days.
2.2 Once a quote has been confirmed by AquaponicWarrior.com, the prices in the quote will be confirmed as the final agreed price. A quote is confirmed as ‘final’ as soon as AquaponicWarrior.com and the customer both agree with the final price.
2.3 Quotes and estimates shall be deemed to correctly interpret the original product or service requirements and are based on the cost at the time the quote or estimate is given. If the client later requires any changes to the quotes, and both parties agree to the changes, these changes will be charged at AquaponicWarrior.com’s prevailing rate.
2.4 Acceptance of the quote involves acceptance of these terms and conditions. It should be noted by the client that any request to cancel by the client will involve the client being liable to any loss of expenses incurred as a result. (Up to a maximum of 60% of the total of quote.)
2.5 All, or any special conditions, of which AquaponicWarrior.com has been informed are noted in the quotation. It is very important and the responsibility of the client to ensure AquaponicWarrior.com is made aware of any special/statutory By-laws/Conditions/Permissions that may be involved.
3.1 The client will be responsible for all payments to AquaponicWarrior.com unless otherwise notified in writing prior to commencement.
3.2 Unless approved by AquaponicWarrior.com in writing, final payment for products or services is to be made in full, payable prior to products delivered, installed and services rendered.
3.3 If approved by AquaponicWarrior.com in writing, final payment for products or services is to be made following completion and payable within 7 days of invoice.
3.4 The Customer agrees that all monies paid to AquaponicWarrior.com are non-refundable.
3.5 The Customer shall pay AquaponicWarrior.com for all costs actually incurred by AquaponicWarrior.com in the recovery of any monies owed by the Customer to AquaponicWarrior.com under this Agreement including recovery agent costs, processing costs and solicitor costs on a solicitor/client basis.
- The Site
4.1 The client warrants the site is free of underground problems including pipes, cables, stumps, sewage drains and waste materials. Where problems are found underground AquaponicWarrior.com shall be entitled to charge for additional work as completed by AquaponicWarrior.com or by a contractor.
4.2 AquaponicWarrior.com shall be free from any liabilities (including structural or accidental).
4.3 The client shall provide water and electricity at no charge to AquaponicWarrior.com.
4.4. The client shall provide access to the site during AquaponicWarrior.com normal working hours and storage space for materials during the contract progress.
4.5. AquaponicWarrior.com is not able to accept responsibility for any damage to (or cost involved with) any underground hazards, obstructions or services not made known to us in writing or apparent on visual inspection.
- Delays or Disruptions
5.1 AquaponicWarrior.com undertakes to use all reasonable endeavours to complete the work within a reasonable time or by a specific date if agreed. Under no circumstances shall AquaponicWarrior.com incur any liability to the client for any untimely performance.
5.2 Severe weather conditions may cause the delay of the start date of the contract.
5.3 Delays caused by other companies, contractors or suppliers may cause work to be rescheduled or delayed.
- Materials On Site
6.1 Materials delivered to the site become the responsibility of the client. AquaponicWarrior.com accepts no responsibility for loss, damage or expense after delivery of materials to site for any reason.
6.2 All materials on the site remain the property of AquaponicWarrior.com until payment is received in full.
6.3 Any material brought to the site remains the possession of and removable by AquaponicWarrior.com who shall have the right to enter the site for that purpose.
7.1 There are no warranties, expressed or implied, including any warranty of merchantability, or fitness for a particular purpose.
7.2 AquaponicWarrior.com gives no warranty, express or implied, and makes no representation that AquaponicWarrior.com products will operate problem free or without interruption or that any problems will be corrected; or that that any published material including but not limited to; the AquaponicWarrior.com website, operation and instruction manuals, help and care guides, is either complete or accurate.
- Liability & Indemnity
8.1 In no circumstances will AquaponicWarrior.com be liable to the Customer or any third party for any consequential, incidental, special or indirect damages, or other damages or losses of any nature arising out of the use of, or inability to use AquaponicWarrior.com products or services whether asserted in contract, tort or otherwise.
8.2 The Customer agrees to indemnify and hold harmless AquaponicWarrior.com and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgements, suits, costs or expenses of any kind arising under this agreement.
8.3 The Customer will not, under any circumstances, seek to hold AquaponicWarrior.com responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services.
8.4 AquaponicWarrior.com accepts no liability for any negligent act, omission, or any default under this contract unless specifically agreed in writing.
9.1 AquaponicWarrior.com guarantees plants, trees and livestock supplied will be inherently healthy when delivered. Responsibility cannot be accepted for loss after practical completion of the contract since subsequent site conditions are beyond AquaponicWarrior.com’s control.
9.2 AquaponicWarrior.com accepts no liability for the health of existing plants or livestock to be moved during the contract.
9.4 AquaponicWarrior.com is not able to accept responsibility for the well-being and maintenance of living animal or plant material, following practical substantial completion unless a maintenance contract is in existence.
9.5 Under no circumstances can livestock, living animal or plant material be returned.
9.6 If necessary AquaponicWarrior.com reserves the right to substitute any plant or livestock with another of equal value and characteristics.
9.7 AquaponicWarrior.com is not able to accept responsibility for any damage to products or livestock through the elements, including drought, winds, rain and frost. Upon practical substantial completion, the responsibility for the care of all AquaponicWarrior.com products and livestock is handed over to the client and will require regular attention.
9.8 Maintenance is not included in the contract unless specified. AquaponicWarrior.com reserves the right to change these terms and conditions at any time.
9.9 All information regarding AquaponicWarrior.com products and services is believed to be correct and is the result of private enquiries and experiences and is given in good faith. AquaponicWarrior.com disclaim all responsibility for any harm, loss, cost or damage resulting from the use of, or reliance upon, the whole or part of any AquaponicWarrior.com product or service.
9.10 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this agreement.
9.11 Prior to entering into this agreement, the Customer represents and warrants to AquaponicWarrior.com that the Customer has read, understood and agrees to be bound in full by the AquaponicWarrior.com Terms and Conditions.
9.12 The Customer has not relied on any representation by AquaponicWarrior.com other than those expressly stated in this agreement.
9.13 Hours of operation are from Monday to Friday (10.00am – 8.00pm)
9.14 All manuals, operation guides, care guides or similar written material by AquaponicWarrior.com are by affiliated license and permissions of the writer constantly being updated to reflect changes in the operation of the systems, safety and advice. It is the responsibility of the customer to seek and ensure that the customer possesses the latest and most up to date information.