YARRA RANGES PROPERTY SERVICES PTY LTD – TERMS AND CONDITIONS
Trading as: Melbourne Dry Ice Blasting, Sub Zero Restoration and Yarra Ranges Plastering
These terms and conditions comprise part of the attached quotation/agreement between the Contractor and the Customer:
1. The Works may be confirmed by an order made by the Customer as a request for the provision for goods and/or services by the Contractor which has been accepted by the Contractor. An order may be made verbally electronically orin writing.
2. Any order for Works made by the Customer shall be deemed to incorporate these terms and conditions. In the event of any inconsistency between these terms and conditions and an order these terms and conditions will prevail.
3. Any corporate customer must provide the Contractor with a purchase order for the Works before any goods or services are provided by the Contractor.
4. Any written quotation given by the Contractor shall expire thirty (30) days after the date of the quotation. Quotations may be given verbally electronically or in writing.
5. The Price is based on taxes and statutory charges current at the date of this Agreement/Quotation. In the event of any change in such taxes and statutory charges any increase shall be payable by the Customer to the Contractor as an extra charge.
6. The Contractor shall carry out and complete the Works at the Property on and from the Commencement Date to be completed by the Expected Completion Date.
7. Any times quoted for delivery and/or supply of goods/services are estimates only and the Contractor shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for goods and/or services by reason of any delay in delivery/supply.
8. The Customer shall provide to the Contractor a briefing and all necessary further information concerning the Customer requirements for the Works to enable the Contractor to perform the Works. The Contractor shall not be liable to the Customer if any specifications or requirements given by the Customer are inaccurate or incomplete. In such an event the Customer shall be liable to the Contractor for any additional expenses incurred by the Contractor to perform the Works. The Customer must make the Contractor aware of any special requirements relating to the Works and the existence of any mould lead asbestos or other dangerous or contagious condition on the Property and the Contractor shall be entitled to rely on the integrity of the information provided to it.
9. The Contractor reserves the right to either decline an order for Works received from the Customer or to cancel or postpone any appointment at the sole discretion of the Contractor.
10. Subject to compliance with its obligations under this Agreement/Quotation the Contractor shall exercise its independent discretion as to the most appropriate and effective manner of completing the Works. The Contractor shall not be bound by any directions of the Customer as to the nature and scope of goods or services to be provided to complete the Works. The Contractor may agree to provide additional goods and/or services on request by the Customer. The Contractor shall be entitled to make an additional charge for any such additional goods or services.
11. The Customer shall pay the Price to the Contractor for completion of the Works. A private customer must make full payment of the Price to the Contractor on completion of the Works. A corporate customer must make full payment of the Price to the Contractor within thirty (30) days from the issue of a tax invoice. Money not paid within that period shall attract interest at the rate fixed under Section 2 of the Penalty Interest Rates Act 1983 from the date of the invoice until paid in full.
12. If any payment made or tendered by the Customer or by any third party in payment or part payment of the Price is dishonoured or refused the Contractor may refuse to supply any further goods or services until payment is received in full including any bank fees and charges. The Contractor may treat any dishonoured or refused payment as a repudiation of this Agreement/Quotation and to elect to terminate this Agreement/Quotation or affirm this Agreement/Quotation and recover compensation for any loss or damage in addition to any other legal rights of the Contractor.
13. If the Customer does not pay the Price strictly in accord with the terms of this Agreement/Quotation the Customer may be charged an account keeping fee of $15.00 per month. In the event of any outstanding payment being referred to a debt collection agency and/or law firm for collection the Customer shall be liable for the full recovery costs payable by the Contractor to the debt collection agency and/or law firm as a liquidated debt payable on demand.
14. Any payment received by the Contractor from the Customer on an overdue account shall be applied first to satisfy any interest which may have accrued and then to any expenses and legal costs and then to the principal.
15. The Customer shall be liable for all reasonable expenses and legal costs on a full indemnity basis incurred by the Contractor for recovery and enforcement of obligations by the Customer.
16. Credit will only be granted to a corporate Customer at the sole discretion of the Contractor and on submission and acceptance of a completed credit application form. Any credit granted to the Customer may be revised by the Contractor at any time at its sole discretion. The Contractor reserves the right to withdraw any credit facility on any breach of these terms and conditions by the Customer or on the Customer ceasing to trade and/or becoming subject to any legal proceedings and/or the Customer committing an act of insolvency. On withdrawal or variation of any credit terms all moneys then owing by the Customer to the Contractor shall become immediately due and payable as at liquidated debt.
17. The Price stated is exclusive of GST. GST applicable under GST legislation shall be stated on invoices and be payable by the Customer in addition to payment for the Works and any reimbursable expenses.
18. Any additional fees charged by the Contractor shall be determined by reference to the standard prices of the Contractor in effect at the date of delivery (whether or not notified to the Customer and regardless of any rates contained in the Agreement/Quotation).
19. Unless the Price is expressed to be calculated on a time cost or other basis the Price shall be fixed except -
9.1 in the event that the Customer requires –
- a change in the scope, nature, timing, sequencing or quantum of the Works;
- a significant change to the Works that has received prior Customer approval and becomes the basis for subsequent work;
- a prolongation of the Works beyond the control of the Contractor; or
9.2 if a latent condition in the Property is identified by the Contractor in the course of undertaking the Works and the Contractor instigates a variation to the Price.
In such circumstances the Contractor shall become entitled to an additional fee assessed on a time basis unless another basis is agreed.
20. The Contractor cannot anticipate any latent conditions with the Property. If any such latent conditions are identified in the course of performing the Works which impact on the Price the Contractor may give notice to the Customer and vary the Price.
21. The Price represents a fixed price at the time of signing this Agreement/Quotation.
22. Any variations to the Price must be in writing and accepted by the Contractor. The value of any variations shall be determined by the Contractor by reference to its standard prices in effect at the date of delivery.
23. The Contractor shall not be liable for any damages or costs resulting from the Works being unsatisfactory and/or incorrect as a consequence of insufficient and/or inaccurate information provided by the Customer. The Supplier will not be liable for any representation made in relation to any goods or services made by a third party or third party manufacturer organised by the Customer.
24. The Customer acknowledges and agrees that the Contractor shall not be responsible for any laying out and measurement of the Property for the Works to be undertaken. That shall be the responsibility of the Customer.
25. The Customer shall provide the Contractor with clear access to the site on the Property for the Works to be undertaken. The Customer grants full access to the Contractor to the Property to carry out the Works. The Customer shall provide the Contractor with any necessary essential services resources equipment materials and information necessary to enable completion of the Works. If any such services resources equipment materials or information are not provided by the Customer the Contractor may make an additional charge for the provision of such services resources equipment materials and information.
26. The Customer must ensure that the Property is safe and clear for the Contractor to perform the Works. If the Property is not suitable for performance of the Works the Customer must make the Property suitable at its own expense.
27. The Customer must provide all necessary barricades, screening, traffic management and signs that may be required under any permits or regulations affecting the Property and/or the Works.
28. The Customer must give any necessary notice of intention to undertake the Works and/or use of any equipment on the Property to any local or other authority and pay all fees and all fines with respect to that notification.
29. The Customer shall not have any right to back charge the Contractor for any costs incurred in wastage or dumping of any spoil from performance of the Works unless it has been agreed and signed off on site with the Contractor.
30. The Customer must ensure that the Property is safe and clear for use of the equipment required for the Works and must give notice to the Contractor of any possible site problems so that the correct equipment and/or materials are available.
31. The Customer must ensure the Property is safe and all necessary precautions for the safety of the operators of equipment are undertaken in accord with workplace health and safety requirements.
32. If the Customer or any third party initiates or approves any change to the Works which are not approved by the Contractor the Customer accepts that the changes and the resulting work shall not be the responsibility of the Contractor.
33. The Contractor shall maintain product and public liability insurance but it shall not be liable to provide evidence of such insurance cover. The Customer must take out and maintain whatever insurance cover is required to protect the interests of the Customer.
35. The Contractor may co-ordinate and integrate the services of specialist contractors appointed by the Customer for the Works but shall not be responsible for the services provided by them.
36. No cancellation or variation of the Works by the Customer shall be accepted by the Contractor unless it has first consented in writing to the cancellation or variation and a variation/cancellation charge has been paid in accord with this Agreement/Quotation.
37. The Customer indemnifies the Contractor from and against –
- Any claim arising out of any accident either to person or property caused by any personnel or equipment used on the Property;
- Any claim arising out of the Customer’s failure to provide a safe site and compliance with workplace health and safety requirements.
- Any claim arising out of any loss or damage suffered by the Customer as a result of the Works being undertaken at the direction of the Customer contrary to any advice or recommendation of the Contractor.
38. The Customer may terminate its obligations under this Agreement/Quotation in the event of substantial breach by the Contractor of its obligations which the Contractor has not begun to remedy within fourteen (14) days of written notice by the Customer requiring the breach to be remedied. On termination the Customer shall pay to the Contractor within seven (7) days all amounts accrued to the date of termination to which the Contractor is entitled under this Agreement/Quotation.
39. The Contractor may suspend or terminate its obligations under this Agreement/Quotation -
- In the event of monies payable to the Contractor under this Agreement/Quotation being outstanding for more than fourteen (14) days;
- On giving the Customer fourteen (14) days written notice of its intention to do so; and the Contractor shall be entitled to payment for proper costs of demobilisation of resources and proper remobilisation costs.
40. The Customer may not transfer or sublet any obligation under this Agreement/Quotation without the written consent of the Contractor. Unless stated in writing to the contrary no transfer or subletting shall release the Customer from any obligation under this Agreement/Quotation. The Contractor may licence or subcontract any part of the Works without the consent of the Customer but the Contractor shall remain liable to the Customer for the performance of the Works.
41. This Agreement may only be amended by written agreement signed by authorised representatives of each party.
42. Any document which requires the signature of a party may be signed in electronic form and such signature shall be binding on the person affixing that signature.
43. No right under this Agreement/Quotation shall be deemed to be waived except by written notice signed by the waiving party. A waiver by either party shall not prejudice its right in respect of any subsequent breach of the same or any other right of the party.
44. This Agreement/Quotation shall be for the benefit of and binding on the parties and their respective successors but shall not be for the benefit of any other person. The provisions of this Agreement/Quotation which are capable of having effect after expiry or termination of this Agreement/Quotation shall remain in full force and effect following the expiration or termination of this Agreement/Quotation.
45. If an unavoidable delay occurs the obligations of the Contractor shall be suspended and the period for fulfilling obligations shall be extended without penalty for a period equal to such suspension. The Contractor shall use its best endeavours to overcome the unavoidable delay and minimise the consequences of the delay but shall not otherwise be liable to the Customer for any delay.
46. The Customer must make payment of all monies due to the Contractor pursuant to this Agreement/Quotation without set off or counterclaim and free of any deduction. The requirement of the Customer to pay any money to the Contractor are essential terms of this Agreement/Quotation and any breach of them shall entitle the Contractor to all legal and other remedies for breach of an essential term.
47. The Customer acknowledges that the Contractor may detail these terms and conditions on its website. The Customer acknowledges that the terms and conditions may change from time to time and that it is the responsibility of the Customer to check the website prior to ordering goods or services from the Contractor. In the event of any change the terms and conditions on the website of the Contractor at the time the order is placed shall apply to any future dealings between the Customer and the Contractor and the Customer is deemed to have notice of any such amended terms and conditions.
48. Where a party comprises more than one person a reference to that party in this Agreement/Quotation shall be a reference to them jointly and each of them separately.
49. The Customer includes the named party and any person acting on behalf of and with the authority of the Customer.
50. The Customer acknowledges that these terms and conditions and the Agreement/Quotation replace and prevail over any existing agreement applying to the Works and apply retrospectively to any of the Works provided prior to submission of this Agreement/Quotation.
51. Subject to any later contrary written agreement these terms and conditions shall be binding on the Customer in respect of the Works if the Customer instructs the Contractor to proceed with the Works after submission of this Agreement/Quotation.
52. If any person or company is substituted for the Customer both the named Customer and the substitute Customer shall be jointly and separately liable to the Contractor for payment of all monies payable under this Agreement/Quotation. Substitution of any company or person as the Customer shall not release the named Customer from any liability to the Contractor and the substituted Customer shall be jointly and separately liable for all obligations of the named Customer to the Contractor.
53. Any dispute between the Customer and the Contractor shall first be the subject of mediation provided that this provision shall not prevent the Contractor from instituting legal action at any time to recover monies owing by the Customer to the Contractor.
54. The Customer warrants to the Contractor that it will notify the Contractor of any defect in the Works within fourteen (14) days from the date that the defect becomes apparent. The Customer warrants to the Contractor that it will use its best endeavours to assist the Contractor in identifying the nature/cause/extent of any defect in the Works.
55. No warranties except those implied by law that cannot be excluded are given by the Contractor in respect of the Works. Where it is lawful to do so the liability of the Contractor for a breach of a warranty implied is limited to the resupply of any goods or services or the supply of equivalent goods or services or the payment of the cost of resupplying the goods or services as determined by the Contractor.
56. This Agreement/Quotation is subject to and the parties submit to the non-exclusive jurisdiction of the Courts of the State of Victoria.
57. If any provision in these terms and conditions prove to be illegal or unenforceable pursuant to any legislation or rule of law or for any other reason that provision shall be omitted without affecting the legality of the remaining provisions and the remaining provisions of these terms and conditions shall continue in full force and effect.