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The following terms of trade apply:

1. PAYMENT TERMS:

Terms of payment are as follows, unless otherwise arranged in advance and confirmed in writing by Top Gunn Lifestyle Services Ltd

They will be one of the following: Payment on completion, payment in 7 days, 14 days or payment by the 20th of the following month for account holders. In some cases, there may be a requirement to pay a deposit before commencement of work. The relevant option will be discussed prior to work commencing, and then shown on your invoice. Work may stop at anytime that payments fall behind, regardless of any deadline on the quote. Top Gunn Lifestyle Services Ltd will not be liable for any penalties if the job goes over the timeframe for this reason.

2. VARIATIONS: Any variations to the original quotes will be documented by Top Gunn Lifestyle Services Ltd and are to be signed and accepted by the customer before work resumes. The account for the variation will be issued immediately and is payable within the specified terms for that job. Top Gunn Lifestyle Services Ltd has the right to charge additional costs for extra work required that occurs due to unforeseen issues arising from not being able to see under the ground i.e. concrete pads, tree stumps etc. Should the customer have any knowledge of possible issues, they are required to put this in writing to Top Gunn Lifestyle Services Ltd prior to commencement of the job.

3 INTEREST AND LEGAL EXPENSES: If you the Customer fail to make a payment by the due date you shall be liable to pay Top Gunn Lifestyle Services Ltd at our discretion:

(a) Default interest on the amount outstanding calculated at the rate of 2% above the banks current overdraft rate, and shall accrue after as well as before judgement.

(b) All expenses, including collection costs from obtaining the services of a Debt Collection company and/or legal fees in relation to any overdue amount. These costs will be added to your account, and you as the customer, are liable for its payment.

4. ACCEPTANCE: Any instructions received by Top Gunn Lifestyle Services Ltd from the customer for the supply of goods and or services, shall constitute acceptance of the terms & conditions contained here in.

5. WARRANTY: Any fault in workmanship will lead to the customer notifying Top Gunn Lifestyle Services Ltd in writing, within 7 days from completion. In the event of a natural disaster, Top Gunn Lifestyle Services Ltd will not be liable for any damages incurred to completed work or work in progress. Please note that when a paddock has been re grassed, Top Gunn Lifestyle Services Ltd takes full responsibility to ensure the paddock has been prepared correctly and the seed goes into the ground. If any further paddock treatments are required which includes but is not limited to, additional nutrients, herbicide spray or irrigation, these costs will be additional to the original quote. Top Gunn Lifestyle Services Ltd takes no responsibility for issues that occur due to the Customer failing to follow the instructions regarding irrigation and grazing. If the Customer makes any alterations or changes to the work carried out by Top Gunn Lifestyle Services Ltd, and this results in additional repairs or costs due to those changes, the Customer will be liable for the additional costs.

6.INFORMATION AND PRIVACY ACT:

6.1 For the purpose of facilitating the efficient running of the supplier’s business, the customer authorizes the supplier to collect all information it may require from any third parties and authorizes those third parties to release that information to the supplier.

6.2 The customer agrees that this information may be passed to a third party or to any other person to facilitate collection of debts from the customer.

6.3 Such information will be accessible to any of the supplier’s employees and agents who need access to it for the efficient running of the supplier’s business.

6.4 The customer may request access to and correction of this information at any time.

7.CONSTRUCTION CONTRACTS ACT 2002:

7.1 Where not covered in these terms of trade or altered under mutual agreement, the default provisions in the Construction Contracts Act 2002 will be applied to any payment claims

7.2 Disputes will be referred to the adjudicator under the provisions in the Act.

7.3 We reserve the right to suspend work as allowed in the provisions in the Act

8. NO RETURN POLICY:

Please choose your purchase carefully as we have a no return policy on our consumable products. Consumable products for the purposes of these terms, include but are not limited to the following; Stock feeds such as hay and baleage, animal health consumables such as drench, vaccines, pour-on and vehicle consumables such as fuel, oils, fluids.

9. OWNERSHIP:

Ownership of the goods supplied as part of this service is retained by us until payment in full for the goods & service supplied by us to you. You shall hold the goods for us as a fiduciary owner. Notwithstanding any period of credit allowed by us. Upon default in any payment due by the customer to Top Gunn Lifestyle Services Ltd or, either before or after any period of the credit expires, upon you becoming insolvent or having a receiver appointed or going into liquidation, we may enter upon the premises where the goods are kept and recover possession of the goods and resell the same.

10.HAZARDS: Top Gunn Lifestyle Services Ltd will do their best to identify all hazards before commencing any work for a Customer. They have no liability for any damage caused by them from an unidentified hazard. Should Top Gunn Lifestyle Services Ltd incur any damage to themselves, their vehicle or their tools from a hazard that the customer failed to identify, the Customer must indemnify Top Gunn Lifestyle Services Ltd for all costs. Top Gunn Lifestyle Services Ltd will do their best to avoid any incidences occurring.

11. DELIVERY & RISK:

11.1 Risk in goods supplied will pass to the customer when the goods are delivered to the delivery point.

12. HEALTH & SAFETY: Top Gunn Lifestyle Services Ltd will be responsible for their safety and health. Top Gunn Lifestyle Services Ltd must comply with the Health and Safety at work 2015, any regulations made under the Act, and any health and safety policies, directives or procedures of the business.

Definitions:

“Customer “means the person, authorised agent or legal entity described in the application, or stated on the invoice or order form/ quote, buying services from Top Gunn Lifestyle Services Ltd “Supplier” means Top Gunn Lifestyle Services Ltd “Services” shall mean all services supplied Top Gunn Lifestyle Services Ltd to the client and includes any recommendations & advice.