Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Fix-a-Potty™️. Throughout the site, the terms “we,” “us,” and “our” refer to Fix-a-Potty™️. Fix-a-Potty™️ offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

TERMS & CONDITIONS OF TRADE

DEFINITIONS

  1. “Fix-a-Potty” shall mean Fix-a-Potty, or any agents or employees thereof.
  2. “Customer” shall mean the customer, or any person acting on behalf of and with the authority of the customer, or any person purchasing products and services from Fix-a-Potty.
  3. Products shall mean:
    • All products of the general description specified on the front of this agreement and supplied by Fix-a-Potty to the Customer.
    • All products supplied by Fix-a-Potty to the Customer, including all inventory of the Customer that is supplied by Fix-a-Potty.
    • All products supplied by Fix-a-Potty and further identified in any invoice issued by Fix-a-Potty to the Customer, which invoices are deemed to be incorporated into and form part of this agreement.
    • All products that are marked as having been supplied by Fix-a-Potty or that are stored by the Customer in a manner that enables them to be identified as having been supplied by Fix-a-Potty.
    • All of the Customer’s present and after-acquired products that Fix-a-Potty has performed work on or to, or in which goods or materials supplied or financed by Fix-a-Potty have been attached or incorporated.
  4. Price shall mean the cost of the products as agreed between Fix-a-Potty and the Customer and includes all disbursements, e.g., charges Fix-a-Potty pays to others on the Customer’s behalf subject to clause 4 of this contract.

ACCEPTANCE

Any instructions received by Fix-a-Potty from the Customer for the supply of products shall constitute a binding contract and acceptance of the terms and conditions contained herein.

COLLECTION AND USE OF INFORMATION

  1. The Customer authorises Fix-a-Potty to collect, retain, and use any information about the Customer for the purpose of assessing the Customer’s creditworthiness, enforcing any rights under this contract, or marketing any products provided by Fix-a-Potty to any other party.
  2. The Customer authorises Fix-a-Potty to disclose any information obtained to any person for the purposes set out in clause 3.1.
  3. Where the Customer is a natural person, the authorities under clauses 3.1 and 3.2 are authorities or consents for the purposes of the Privacy Act 1993.

PRICE

  1. Where no price is stated in writing or agreed to orally, the products shall be deemed to be sold by Fix-a-Potty at the time of the contract.
  2. The price may be increased by the amount of any reasonable increase in the cost of the supply of the products that is beyond the control of Fix-a-Potty between the date of the contract and delivery of the products.
  3. A minimum invoice value of $30.00 plus GST is charged by Fix-a-Potty.

PAYMENT

  1. Payment for products shall be made in full on delivery or before.
  2. Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.
  3. Any expenses, disbursements, and legal costs incurred by Fix-a-Potty in the enforcement of any rights contained in this contract shall be paid by the Customer, including any reasonable solicitor’s fees or debt collection agency fees.
  4. Receipt of a cheque, bill of exchange, or other negotiable instruments shall not constitute payment until such negotiable instruments are paid in full.
  5. A deposit may be required.

QUOTATION

  1. Where a quotation is given by Fix-a-Potty for products:
    • The quotation shall be valid for thirty (30) days from the date of issue unless otherwise agreed.
    • The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary.
    • Fix-a-Potty reserves the right to alter the quotation because of circumstances beyond its control.
  2. Where products are required in addition to the quotation, the Customer agrees to pay for the additional cost of such products.

RISK

  1. The products remain at Fix-a-Potty’s risk until delivery to the Customer.
  2. Delivery of products shall be deemed complete when Fix-a-Potty gives possession of the products directly to the Customer or possession of the products is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
  3. The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Fix-a-Potty making time of the essence.
  4. Where Fix-a-Potty delivers products to the Customer by instalments and Fix-a-Potty fails to deliver or supply one or more, the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable breach.

RETURNS AND REFUNDS

  1. Customers are required to carefully read the guidance on our website to ensure that they purchase the correct bracket. If a mistake is made, the Customer may return the product but will be responsible for covering the cost of return shipping, as well as reimbursing Fix-a-Potty for the original shipping cost incurred to deliver the product.
  2. No products accepted for return without prior approval of Fix-a-Potty. Only products in original, undamaged, unopened, and unused condition will be considered for return. A 15% restocking fee applies to returns. There will be no returns on special orders. The Customer is liable for all costs associated with products accepted for return.

LIABILITY

  1. The sale is made at the point of legislation for self-containment, and no responsibility can be held by Fix-a-Potty if legislation changes after the sale.
  2. Fix-a-Potty shall not be liable for any delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.
  3. The Consumer Guarantees Act 1993, the Fair Trading Act 1986, and other statutes may imply warranties or conditions or impose obligations upon Fix-a-Potty that cannot be excluded or modified. Where these apply, Fix-a-Potty’s liability shall, where it is allowed, be excluded or only to the minimum extent required by the relevant statute.
  4. Except as otherwise provided in clause 11.1, Fix-a-Potty shall not be liable for any loss or damage arising from the supply of products, including consequential loss whether in contract or tort (including negligence) or otherwise.

SHIPPING

  1. Shipping and Liability: Once an order is dispatched, we are not liable for any loss, damage, or theft of items during transit. Customers may opt to purchase shipping insurance for added protection or ask for signature on delivery for an extra cost agreed prior to purchase. In the event of a lost item, claims must be reported within 2 of the estimated delivery date, and customers must provide all necessary documentation to support the claim. Refunds or replacements for lost items are subject to our review and discretion.
  2. Safe Delivery Responsibility: Customers are responsible for ensuring that their order is delivered to a safe location. It is important to provide clear delivery instructions during the checkout process to help ensure successful delivery. We cannot be held liable for any issues arising from unclear or insufficient delivery information. On purchase the customer acknowledges that delivery is provided without signature of delivery and gives the courier company ‘Authority to Leave’, unless the customer contacts Fix-a-Potty to organise additional payment for signature on delivery.
  3. Issues Contact: Customers are required to actively contact the courier to report lost items and assist in the claims process. Prompt communication with the courier is essential to facilitate any investigations and support the resolution of the issue. If customers do not provide clear delivery instructions or fail to contact the courier promptly about a lost package, their ability to claim may be affected.

WARRANTY

Manufacturer’s warranty applies where applicable.

CONSUMER GUARANTEES ACT

The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Customer acquires products from Fix-a-Potty for business purposes as defined by sections 2 and 43 of that Act.

MISCELLANEOUS

If any provision of this contract shall be invalid, void, illegal, or unenforceable, the validity, existence, legality, and enforceability of the remaining provisions shall not be affected.

Fix-a-Potty shall not be liable for delay or failure to perform its obligations if the cause of the delay or failure is beyond its control.

Failure by Fix-a-Potty to enforce any of the terms and conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations under this contract.

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