Dream Courts’ Customer Terms & Conditions
1.1. Dream Courts Pty Ltd (ACN 629 781 095) of 7/2A Cook Rd, Mitcham, VIC 3132 (Dream Courts) and the customer (You) whose details are set out in Item 1 of the Order agree that the following terms and conditions apply to the products to be supplied and/or services to be performed by Dream Courts.
2. Order and Acceptance
2.1. The Order sets out the details of the Products and Services that will be provided to you by Dream Courts. By making payment, you agree to be bound by these terms and conditions which will apply to the provision of the Products and Services to you.
2.2. If you instruct Dream Courts to supply the Products and/or to provide the Services, or you accept any Products and/or Services from Dream Courts, such conduct, notwithstanding having not made payment, will constitute your acceptance of these terms and conditions.
3. Price and Payment
3.1. The Price is as set out in your sales quote, provided that you accept the Order in writing within thirty (30) days. 3.2. You will pay Dream Courts for the Products and Services in the amounts and at the times set out in your sales quote and as otherwise invoiced by Dream Courts.
3.3. You must pay your final invoice prior to Dream Courts completing installation. Failure to make payment may result in losing your scheduled installation date.
3.4. Dream Courts reserves the right to change the Price if you vary the Order in accordance with clause 3 or you do not accept the Order within thirty (30) days.
3.5. Payment may be made by bank transfer or credit card, or by any other method as agreed between you and Dream Courts.
3.6. If payment for the Services is not received on its due date, Dream Courts may charge a late charge of 10% per annum compounded monthly. Without limiting its other rights or remedies, Dream Courts has the right to suspend or terminate entirely the supply of the Products or Services if payment is not received by the due date.
3.7. If Dream Courts has a requirement to engage collection services for any unpaid debts owed by its customers, those collection costs will be passed to the customer and liable by the customer.
3.8. GST and other taxes that may be applicable are included in the Price except where they are expressly excluded.
3.9. Dream Courts reserves the right to amend/revise the customer initial quote due to sub-contract variations requested by the customer. Revised costs may be incurred due to customer request, these revised costs will be presented and shown within the customer Tax Invoice (post initial quote).
4. Cancellation or Variation of Order
4.1. Once you place an Order the Order cannot be varied or canceled without Dream Court’s written approval.
4.2. If Dream Courts agrees to change or vary the Products or Services or
4.3. Dream Courts is required to perform additional services, the Order will be varied to include such additional products or services as agreed or as required to be performed by Dream Courts and these terms and conditions will apply to those additional products and services.
4.4. In the absence of an agreed price for our additional products or services, the price will be determined by the current standard price applicable to
4.5. the additional products or services
4.6. You acknowledge that the Products supplied by Dream Courts are custom made to order based on your specific needs and requirements. As such, you agree that Orders cannot be canceled or modified once the Products have been confirmed for production.
5. Supply and Delivery of Products
5.1. Dream Courts will use its reasonable endeavors to supply the Products according to the Order.
5.2. Dream Courts will deliver the Products in accordance with your approved sales quote/order.
5.3. The cost of delivery is included in the Price unless stated otherwise.
5.4. Estimates of delivery time will be the best estimate available to Dream Courts at the time it is provided, but time is not of the essence of any delivery.
5.5. Delivery of the Products is deemed to be when you take possession of the Products. Where delivery is to the Premises, and you have provided authority to leave the Products unattended, possession is deemed to be at the time the Products are delivered to the Premises. Dream Courts will not be liable for any lost, stolen, or damaged Products as a result of the Products being unattended.
5.6. If the Products cannot be delivered due to an error or fault on your part (such as an incorrect delivery address provided by you or an inability to unload the Products in a suitable or safe location) and re-delivery of the Products is required, you will be responsible for covering the costs of any re-delivery.
5.8. A delay or failure in delivery of the Products will not be regarded as a repudiation of these terms and conditions and Dream Courts will not be liable for any loss or damage caused by such a delay or failure to deliver.
5.9. Where Dream Courts is not engaged to provide installation services of the Products, Dream Courts is not responsible for any damage caused by or sustained during installation.
6.1. You must inspect the Products on delivery for any defects, shortages, damage, or errors.
6.2. If any Products do not comply with the Order, you must notify Dream Courts of the issue within 2 days of delivery. If this does not occur, subject to law, you will be deemed to have accepted the Products and will not be permitted to return any Products.
6.3. Dream Courts’ liability regarding any defective Products will be limited to the remedies set out in clause 15 of these terms and conditions.
7. Title and Risk
7.1. Risk in the Products will pass on delivery of the Products to you.
7.2. Property in the Products does not pass to you until all amounts owing for the Products, and any other money owing by you to Dream Courts, has been paid in full.
7.3. Until the Products have been paid for in full, you: must properly store, protect and ensure the Products including by storing them separately and in a manner that clearly identifies them as the property of Dream Courts; must not dispose of, modify, or sell the Products;
and must not assign, charge, or otherwise encumber or grant any interest over the Products.
7.4. Until such time as ownership has passed from Dream Courts to you Dream Courts may give you notice in writing to return the Products or any of them to Dream Courts. You must comply with such a notice and arrange for the prompt return of the Products to Dream Courts in
accordance with Dream Courts’ instructions; and you irrevocably authorise Dream Courts, or its employees, officers, agents, or contractors at any time, to enter any premises upon which the Products are stored to enable Dream Courts to inspect the Products and, if you fail to return the Products in accordance with clause
8. Provision of Services
8.1. Dream Courts will provide the Services set out in your approved sales quote/order. Dream Courts will perform the Services in good faith, with due care, skill, and diligence.
8.2. You acknowledge and agree that Dream Courts may, at its sole discretion, subcontract the whole or part of its obligations and responsibilities under these terms and conditions to a third party provided the Dream Courts will not be relieved of its obligations.
8.3. Dream Courts agrees to use all reasonable efforts to meet any dates or timelines that may be set out in your sales quote/order. You agree however that such dates are not firm performance dates, may be revised during the term of Dream Courts’ engagement and are only to be regarded as estimated dates for the Services.
8.4. If Dream Courts uses diligent efforts but is uses, it will not be considered to be in breach of these terms and conditions. Dream Courts will notify you if it expects or encounters delays.
9. Customer Obligations
9.1. You are responsible for obtaining any permits that may be necessary for the Products and Services provided to you.
9.2. Where it is agreed that you will undertake any pre-works at the Premises for the site to be ready for installation of the Products by Dream Courts, you are responsible for ensuring that those pre-works are done in accordance with all requirements, specifications and instructions provided by Dream Courts to enable it to install the Products.
9.3. Dream Courts will not be liable for any loss caused by a delay in the Products or Services as a result of insufficient or defective pre-works organised by you or on your behalf.
9.4. You must cooperate with Dream Courts in the supply of the Products and performance of the Services, including, without limitation, providing Dream Courts with timely access to the Premises and reasonable facilities (such as electricity and water) and any other provisions that may be necessary to perform the Services.
9.5. Dream Courts will work with you to prepare and design your project that reflects your requirements and needs; however, you acknowledge and agree that any final approval of designs, plans, Products and Services are made solely by you, and you confirm that you have made all reasonable enquiries as to the suitability of any design, plan, Products and Services for your needs and requirements.
9.6. You acknowledge and agree that Dream Courts’ supply and performance is dependent upon the timely and effective satisfaction of your responsibilities under these terms and conditions and timely decisions and approvals of you in connection with the Products and Services.
9.7. Dream Courts may rely on all decisions and approvals of you.
9.8. You acknowledge that Dream Courts will endeavour to supply and install your court asap from receipt of supplier. Any delays in excess of 1 month from you (as customer) not permitting Dream Courts to attend to your site and install your court, will result in storage costs being
invoiced to you as customer. Excess storage costs will be invoiced as; $10.00 per pallet per week or thereof.
10. Force Majeure
10.1. Dream Courts is entitled (without liability to you) to delay, vary or cancel the performance of any of its obligations under these terms and conditions to the extent that it is prevented from, hindered in or delayed in the performance of any of its obligations through any circumstance beyond its control, including (but not limited to) acts of God, governmental actions, strikes or other labour disputes, lock-outs, accidents, war or national emergency, actions of terrorism, protests, riots, flood, fire, national disasters, extreme weather, unavailability of the Products or Product parts, restrictions or delays affecting delivery of Products (including the import of supplies) or defaults of suppliers or subcontractors.
11. Default and Termination
11.1. Dream Courts may terminate these terms and conditions or cancel a delivery of Products or the provision of Services at any time and for any reason before the Products and/or Services (as the case may be) are delivered, by giving you written notice. Upon such notice, Dream Courts will repay to you any amounts paid in respect of the Price. Dream Courts will not be liable for any loss or damage arising from
11.2. If you fail to comply with any of your obligations under these terms and conditions or if you cancel an Order without Dream Courts’ written approval, Dream Courts will stop supplying the Products and performing the Services and may, in addition to terminating these terms and conditions: retain any fees and allowances paid for any Products in production or supplied to you, or Services performed in part or
in full; be regarded as discharged from any further obligations under this agreement; pursue any additional or alternative remedies provided by law; you must immediately pay Dream Courts the fees that remain outstanding for any Products already in production or supplied to you or Services performed that are, on the date of termination, due and payable under these terms and conditions; and You must indemnify
Dream Courts in relation to its unavoidable and unrecoverable costs directly arising from the termination.
11.3. The obligations of any party arising prior to the cancellation of these terms and conditions will continue in full force and effect notwithstanding the expiry or termination of these terms and conditions.
12. Intellectual Property
12.1. Where Dream Courts has designed or drawn plans for you in relation to the Products or Services, then Dream Courts retains all right, title and interest in those designs and drawings, and you may only use those designs and drawings for the purposes of implementing the Products and Services in accordance with these terms and conditions.
14. Limitation on Damages
14.1. Dream Courts, its agents and subcontractors, and each of their officers, or employees will not be liable to you for any actions, claims, damages, liabilities, costs, expenses, or losses in any way arising (including a breach of these terms and conditions or any negligent act or
omission) out of or relating to the Products or Services for an aggregate amount in excess of the Price actually paid by you to Dream Courts under these terms and conditions.
14.2. In no event will Dream Courts, its agents, or subcontractors, or any of their officers or employees be liable for special, indirect, incidental, consequential or punitive damages, costs, expenses, or losses of any nature, including, without limitation, lost profits, and opportunity costs.
14.3. Neither Dream Courts nor its subcontractors will be liable for any expenses that may occur from damages resulting from the negligence of our client.
14.4. It is the client’s responsibility to ensure that there are NO exposed electrical or plumbing services that may get damaged throughout the
construction of the Dream Courts build and thereafter. If any damages do occur due to the negligence of our client, the client will be held responsible for these expenses. Neither Dream Courts nor its subcontractors will be liable for these expenses.
15.1. Where a Product comes with an express warranty, the details of the warranty will be provided to you with the Products.
15.2. An express warranty for the Products will not, subject to law, cover any damage or defect to the Products as a result of: fair wear and tear, and accident or act of God; your misuse of the Products or failure to properly maintain the Products; and your failure to follow any instructions or guidelines provided by Dream Courts.
15.3. Limited Lifetime Warranty for DreamHoopsTM Rings Pro 60 and Rings Pro 72
15.4. This warranty against defects in material and workmanship (the Warranty) is provided by Dream Courts Pty Ltd (ACN 629 781 095) (Dream Courts) in respect of the structural components of our basketball ring products known as DreamHoopsTM Ring Pro 60 and DreamHoopsTM Ring Pro 72 (each, for the purpose of the Warranty, a Product). Parts and accessories, e.g., nets and padding, are also covered by a warranty against defects for a period of one year. For the purpose of the Warranty ‘defects’ means any imperfection that impairs the use of the Product, or parts and accessories (as the case may be), for its intended purpose.
16. Limitation on Warranties
16.1. To the maximum extent permitted by law, Dream Courts disclaims all other warranties, either express or implied, including without limitation warranties of merchantability and fitness for a particular purpose.
16.2. Where any legislation such as the Australian Consumer Law (Cth) implies into these terms and conditions any condition, guarantee or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty or guarantee, the liability of Dream Courts for any breach of the condition, guarantee or warranty is limited to, at Dream Courts’ option, either: the repair of the Products; the resupply of the Products or Services; or the reasonable cost of having the Products or Services resupplied.
16.3. Both parties will be under a duty to mitigate any damages or loss suffered or incurred as a result of any breach of these terms and conditions by the other party.
17.1. You continuously indemnify Dream Courts and its officers, employees, representatives, agents, and contractors (those indemnified) from all liability for any claims, losses, damages, or expenses suffered or incurred by those indemnified arising from or in connection with:
a breach of these terms and conditions by you or another person acting on your authority, any information given by you being, or subsequently becoming, untrue; and any negligent act or omission by you or another person acting on your authority.
17.2. Where this clause refers to a person who is not a party to these terms and conditions, Dream Courts holds the benefit of this clause on trust for that person.
18. Limitation on actions
18.1. Subject to law, no action, regardless of form, arising under or relating to these terms and conditions, may be brought by either party more than one year after the cause of action has accrued, except that an action for non-payment of any invoice may be brought by a party not later than one year following the date of the last payment due to such party of any invoice under these terms and conditions.
19.1. Entire agreement. These terms and conditions constitute the entire agreement between the parties with respect to its subject matter and supersedes all other oral or written representations, understandings or agreements relating to the subject matter.
19.2. Governing law. This agreement takes effect, is governed by, and will be construed in accordance with the laws of the State of Victoria. The parties submit to the exclusive jurisdiction of the Courts of that State.
19.3. Notices. Notices under these terms and conditions must be in writing and may be delivered by hand, registered mail, or email.
19.4. Severability. If any provision of these terms and conditions is declared or found to be illegal, unenforceable, or void, then such provision will be null and void but each other provision not so affected will be enforced to the full extent permitted by applicable law.
20.1. In these terms and conditions:
20.2. Order means the order form provided by Dream Courts to you detailing the Products and Services to be provided to you in accordance with these terms and conditions.
20.3. Price means the price set out in your approved sales quote/order payable by you to Dream Courts.
20.4. Products means the products supplied by Dream Courts to you as set out in your approved sales quote/order of the Order or any other
products provided by Dream Courts to you.
20.5. Premises means the premises provided by you to Dream Courts that the Products will be supplied to and/or Services will be performed at Services means the Services set out in your approved sales quote/order and any additional services agreed between you and Dream Courts.
21.1. In these terms and conditions, unless the context otherwise requires:
21.2. A reference to dollars or $ means Australian dollars.
21.3. References to the word ‘include’ or ‘including’ are to be construed without limitation.
21.4. A reference to any law or legislation or legislative provision includes any statutory modification, amendment, or re-enactment.
21.5. A reference to any party to these terms and conditions, where that party is made up of more than one person, includes each of them severally.
21.6. Any agreement, covenant, representation, warranty, undertaking, or liability arising under these terms and conditions on the part of two or more persons is to be taken to be made or given by such persons jointly and severally.