1. STANDARD CONDITIONS OF QUOTATION.
1.1 Unless otherwise expressly agreed in writing by Storm Construction Group (SCG), these Conditions apply to any quotation given by SCG and to any agreement for the supply of goods and/or the performance of work by SCG.
1.2 It is expressly acknowledged and agreed that any order issued by the Customer consequent upon or with reference to the attached quotation will be deemed to be an acceptance to purchase of services upon the terms stated on the attached quotation and these Conditions and constitutes the entire agreement between SCG and the Customer, and any conditions contained in the Customer’s order will not apply notwithstanding a statement to the contrary in the Customer’s order.
2. QUOTATION
2.1 Subject to clause 2.2, a quotation by SCG remains open for 28 days from the date stated or as otherwise noted on the attached quotation (the “Quotation”) and will lapse if the Customer fails to make an order in writing within that period.
2.2 SCG may immediately withdraw a quotation, prior to the expiration of 28 days or terminate this Contract without notice.
3. VARIATIONS
3.1 SCG may, in its absolute discretion, perform a Variation if it receives a written instruction from an employee or agent of the Customer to perform the Variation for the Customer.
3.2 The price payable for a Variation performed by SCG is to be determined by agreement between SCG and the Customer after the written instruction under clause 3.1 is received by SCG and the agreed price for the Variation will be added to or deducted from the Contract Sum. If agreement
cannot be reached the Customer will pay the price determined by SCG and any dispute in relation to the Variation will be dealt with under clause 10.
3.3 Where the Contract Sum is not quoted as being a “fixed price”, SCG may at its option vary the Contract Sum at any time to take account of any variation in labour or material costs and the Customer will pay the varied Contract Sum.
4. PAYMENT
4.1 SCG reserves the right to conduct credit checks on the Customer from time to time and the Customer consents to such credit checks.
4.2 The Customer will pay to SCG the Contract or Quote Sum in accordance with clause 4 and the terms of the Customer’s account with SCG (if any). All prices include tax at the appropriate rate.
4.3 All payments are made under the Building and Construction Industry Security of Payment Act 1999.
4.3 Unless explicitly agreed prior to commencement of work, payment will be due in full upon completion of the work or services provided. The full amount, less any payments already made, is payable.
4.4 All materials and goods supplied by The Company shall remain the property of The Company until the full invoice has been paid by the customer.
4.5 Acceptable method of payment:
• Bank Transfer
LATE PAYMENT
If the Client does not pay the amount due within 5 business days or as agreed upon:
4.6 SCG may immediately cease providing the Services;
4.7 SCG seek to recover the amount due by referring the matter to a collection agency;
4.8 Any invoices not paid by you on or before the due date will bear interest after the due date until the invoice is paid at twelve (12%) percent per annum or the highest lawful rate.
4.9 the Client must reimburse SCG for any costs it incurs, including any legal costs, in recovering the amount due or enforcing any of its rights under this agreement.
5. COMPLETION
5.1 The Works are deemed to be complete when the Works are, in the reasonable opinion of SCG, fit for the purpose for which they were intended as reasonably determined by SCG.
5.2 The times or dates quoted for commencement, installation and completion of the Works will be estimated as accurately as possible but are not guaranteed nor is time of the essence. SCG is not liable for loss, including consequential loss, loss of profits and liquidated damages which may be incurred by the Customer as a result of SCG failing to satisfy any of these dates.
5.3 If the estimated completion of the Works is delayed by circumstances or events beyond the control of SCG including, but not limited to, delays by SCG’s suppliers or subcontractors, delays directly or indirectly caused by the Customer, delay in giving SCG access to the Site in a condition that complies with clause 6.1 of these Conditions or industrial disputes, and irrespective of any other concurrent cause of delay for which SCG may be responsible: (a) the Estimated Completion Date will automatically be extended by a reasonable period as determined by SCG; or (b) SCG may terminate the Contract without any liability for breach of the Contract and SCG will be entitled to full payment for all Works completed.
5.4 If the Customer causes SCG any delay, the Customer will indemnify SCG for the liquidated damages amount specified in the quotation, but if such amount is not specified then for all expenses incurred and losses suffered including consequential loss and loss of profit by SCG as a consequence of any delay caused or contributed to by the Customer.
6. WORK ON SITE
6.1 The Customer will ensure that, at no cost to SCG:
(a) the site is clear, free of water, clean, safe, has uninterrupted direct access for employees and sub-contractors of SCG, its material and plant and equipment and sufficient space for scaffolding necessary for the performance of the Contract, and suitable vehicle off-loading is possible within 10 metres of the Site;
(b) ensure adequate facilities and assistance (as are reasonably required by SCG) are provided to enable SCG to efficiently, comfortably and safely perform the Works;
(c) prior to the commencement of the Works that all necessary licences, consents and approvals including local council permits and engineering certifications required for the performance of the Works have been obtained; and,
(d) the structures to which SCG is to install the Works comply with SCG specifications set out or attached to the Quotation.
6.2 SCG will not be responsible for the removal of broken or damaged materials or any debris on the Site remaining from the Works.
7. DEFAULT BY CUSTOMER
If the Customer defaults in the performance of any provision of the Contract or any other contract it has with SCG or if it commits an Act of Insolvency then SCG may, at it’s option and without prejudice to any other rights it may have under the Contract or at law:
(a) exercise its rights under clause 9 of these Conditions;
(b) suspend or cancel the performance of any part of or all of the Works then outstanding or outstanding under any other order or terminate the Contract; and
(c) set-off amounts owed to SCG by the Customer under the Contract or as a result of any losses or damages or under any other account against any moneys owing to the Customer by SCG.
8. WARRANTY AND LIABILITY
8.1 Other than the warranty and obligations of SCG arising under its standard warranty for the Works all other warranties, liabilities, conditions and obligations are excluded to the extent permitted by law including, without limitation, any loss or liability directly or indirectly caused by or arising from the actual or alleged failure of any equipment, software or other item to satisfactorily recognise any date as its true calender date or any period of time as its true period of time.
8.2 SCG will not be liable for any shortage in delivery or product damaged prior to delivery unless SCG is engaged to order such materials.
8.3 SCG will not be liable for industry delays in relation to material and stock availability.
8.4 Warranties, certificates and reports will not be issued until full payment is made.
9. INSURANCE, RISK AND PROPERTY
9.1 The Works are not to be insured by SCG unless otherwise agreed in writing by SCG.
9.2 The risk of damage to or loss or deterioration of any part of or all of the Works will pass to the Customer on the delivery of any goods comprised in the Works to the Site or on the expiry of five days from the date of notification by SCG to the Customer that SCG is ready to commence performance of the Works whichever is the earliest.
9.3 Notwithstanding that risk in part of the Works may pass to the Customer, property in and title to any part of the Works and the goods comprised in the Works will not pass to the Customer until all of the Contract Sum and all other money payable by the Customer to SCG has been paid in full and until
then:
(a) the Customer will hold goods supplied under the Contract as bailee of SCG and a fiduciary relationship will exist between them; and,
(b) SCG enter the Customer’s premises without notice and without consent to inspect the goods and at any time take possession of any and all goods that are the property of SCG and if necessary dismantle the Works and any existing structure.
10. DISPUTES If a dispute arises out of or relates to the Contract, a party may not commence any Court or arbitration proceedings (except urgent interlocutory relief) under this clause 10 unless it has in good faith attempted to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation or determination or similar techniques.
11. GENERAL
11.1 SCG retains copyright and other intellectual property rights in all material it uses for the performance of the Works.
11.2 Unless expressly included in the Contract, all descriptive specifications, drawings, dimensions and data appearing in catalogues and other literature supplied by SCG are approximate only and do not form part of the Contract.
11.3 The Customer warrants the accuracy, completeness and reliability of any documents or other information provided by the Customer to SCG relating to the Works and warrants it has a right to use any drawings or other material it has provided to SCG for the performance of the Works.
11.4 Any provision or clause of these Conditions which is void or unenforceable may be severed without affecting other provisions or clauses within these Conditions.
11.5 SCG may sub-contract its obligations under the Contract. The Customer acknowledges that no sub-contractor has authority to agree to any Variation of the Works on behalf of SCG.
11.6 SCG reserves the right to change the construction or design of any goods to be supplied under the Contract, if in its judgment it does not significantly affect the performance characteristics of those goods.
11.7 The Customer will not transfer or assign this Contract without SCG’s written consent.
11.8 The Customer warrants it complies with the relevant provisions.
11.9 Except as may be otherwise specified by SCG, the Contract will be governed by the laws of Australia and the Customer submits to the non-exclusive jurisdiction of its courts.
11.10 The client has no right to direct any of SCG’s contractors. Any direction will be seen as a breach of contract and costs may apply.
11.11 Works are quoted between standard busines hours, Monday to Friday only.
12. INTERPRETATION Any reference in these Conditions to a word or expression used in the attached quotation will have the same meaning as in the Quotation. In these Conditions, unless the context requires otherwise: “Act of Insolvency” means the Customer is made bankrupt or a bankruptcy petition is presented against it or an administrator, liquidator, provisional liquidator or a receiver is appointed in respect of the Customer or an application is made for winding up or a winding up order is made in respect of the Customer; “Contract” means the agreement constituted by the Quotation and the Customer’s order; “Contract Sum” means the total price specified in the Contract as may be adjusted from time to time in accordance with this Contract including, without limitation, the value of Variations performed by SCG; “Variation” means an increase, decrease, omission, substitution or other change to the scope of the Works including, without limitation, those arising from:
(a) particular site conditions, including ground conditions, ground levels or site allowances, which prevail at the Site and which were not made known to SCG by the Customer at the date SCG gave its quotation or the Customer made its order (whichever is the earlier);
(b) the final dimensions or specifications relating to any part of the Works varying from those specified in SCG’s quotation as a consequence of the Customer providing incomplete, inadequate or incorrect specifications or information;
(c) any requirement that SCG perform the Works outside normal working hours; and
(d) any enactment, repeal or amendment of applicable laws and regulations; “Works” means the works to be executed by SCG in accordance with the Contract including, but not limited to the supply of goods, materials or services including any Variations.