Terms and Conditions
What are these terms and conditions?
These are the terms and conditions that apply when you the customer (“you” and “your”) purchase products from Canopy Tech Ltd trading as Canopy Tech (“we”, “us” and “our”).
What information about you can we collect?
You agree that we may obtain information about you to assess your credit worthiness, enforce any rights under this contract and market any of our products to any other entity.
You agree that we may give that information to any person for the above purposes, but you may withdraw your consent at any time. You may access any information that we hold about you and ask us to correct any mistakes in it.
What are the products we are supplying?
4.1 In these terms and conditions “products” means and includes, without limitation, the manufacture, supply, installation and repair of insect screens, canopy’s, awnings, shades covers and all accessories.
What is the price of the products?
The price of the products is as agreed between you and us.
If no price is agreed to in writing then the products will be treated as supplied at the current price that we supply those products at the time we enter into the contract with you.
What and when must you pay us?
- to pay us in full on or before 7 days following the date of our invoice (“the due date”); and
- a deposit of up to 50% may be required; and
- to pay us interest on any amount you owe us after the due date at the rate of 2.5% per month or part month; and
- to pay any debt collection and legal costs, which we may incur as a consequence of having to enforce any of our rights contained in this contract; and
- you further agree that our invoices may be sent to you by email.
When does delivery occur?
We are responsible for the products until they are delivered to you or if we are contracted to install the products, until the products are installed.
The time stated for delivery or installation, is an estimate only and we are not liable for any losses incurred by you, resulting from a delay in the delivery or installation of the products.
What security rights do we have?
Until you have paid us in full for the products supplied, we retain ownership of the products.
Who holds the intellectual property in the products?
You agree that all intellectual property rights created by us (including copyright) that relate to the products we supplied are owned by us, unless we agree otherwise in writing.
What is the limitation on our liability?
Unless our liability cannot be excluded by law, it is agreed by you that any liability we incur for any loss or damage of any kind whatsoever that you suffer, arising from the supply of products by us to you and whether in contract or tort (including our negligence) or otherwise, is limited in its totality to the price paid for the products.
What rights do we have to cancel our contract with you?
We have the right by notice to suspend or cancel any part of any contract for the supply of products to you, if you fail to pay any money owing after the due date.
Any cancellation or suspension will not affect our claim for any sums due at the time of cancellation or suspension.
Is there a warranty?
A manufacturer’s warranty applies where applicable.
We also warrant the fitness for purpose of any insect screens we supplied (including framing and other parts), frame for three (3) years, other parts for two (2) years, from the date of purchase, except for problems arising from wear and tear, accidental, careless or intentional damage, theft and loss.
12.3 We also warrant the fitness for purpose of any canopy’s, awnings, shades covers and all accessories we supplied (including frame and roof/covering), for Ten (10) years from the date of purchase, except for problems arising from wear and tear, accidental, careless or intentional damage, theft and loss.
What also are you agreeing to?
We are not liable for delay or failure to perform our obligations, if the cause of the delay or failure is beyond our control.