In this quotation Wollongong Fencing Services will be referred to as ‘Supplier’ and the person or legal entity to whom this quotation is addressed will be referred to as ‘Purchaser’.
1. This quotation remains current for a period of 14 days from the date of quotation unless previously withdrawn in writing.
2. This quotation is based upon material costs and relevant award rates ruling at the date of quotation and is subject to adjustment on account of any variation in such costs and rates occurring after the date of quotation in accordance with Supplier’s ruling price.
3. In the case of the supply and installation of fencing products the quoted price is also based on Purchaser providing a cleared site with any existing fence demolished and removed. The price is further based on a surveyed alignment and a pegged fence line being provided by Purchaser. Unless included in this quotation any costs incurred in respect of clearing the site, demolishing and removing any existing fences or other structures, surveying the alignment or pegging the fence line will be extra to the price quoted and shall be charged to Purchaser.
4. Unless expressly stated in this quotation, no allowance has been made in the quoted price for the supply and installation of fencing products for any obstruction such as rock, concrete, tree roots, broken posts or any other matter which may be encountered during the performance of the supply contract. An additional charge based on ruling hourly rates for labour plus the costs of hire of any necessary equipment will be made to cover the costs of drilling or removing such obstructions. An additional charge calculated as follows will also be payable
(a) for any excavations extra to those quoted which are required by the Municipal or other relevant Authority or required because of site or soil conditions, and
(b) for any delays caused by Purchaser’s error or delay in providing details and/or instructions or caused by any change in the proposal quoted for or caused by Purchaser’s unavailability or lack of access to the job site to enable works to proceed or caused by the failure of Purchaser to provide safe working conditions at the job site.
5. All quotations are based on supply and installation of Supplier’s products during ordinary working hours. If Supplier incurs additional costs by reason of work outside ordinary working hours at the request of the Purchaser or by reason of Purchaser’s failure to supply necessary information or to make the job site available for execution of the supply contract such additional costs shall be to Purchaser’s account.
6. Where Purchaser is the Head Contractor and this quotation constitutes a subcontract agreement between Supplier and Purchaser, Supplier shall be entitled to receive a copy of the Head Contract or that part of the Head Contract relating to the supply and installation of goods. All drawings and specifications forming any part of the Head Contract relating to the supply and installation of goods are to be supplied to Supplier.
7. Where the quotation specifically excludes the cost of installation or where Purchaser accepts a quotation for the supply of materials only, it will be the responsibility of Purchaser to check all materials received against Consignment Notes immediately upon unloading at job site. No claim for shortages or of improper or defective or damaged materials will be recognised by Supplier unless notified in writing within 48 hours of delivery. In any event if additional material or insufficient material is for any reason whatsoever ordered then Supplier shall not be obliged to give credit and Purchaser cannot make any claim whatsoever against Supplier.
9. GENERAL
9.1 Commencement of work by Supplier at Purchaser’s request will constitute acceptance of a supply contract incorporating the Terms and Conditions of Quotation and the following Terms and Conditions (collectively the “Terms and Conditions”) unless otherwise agreed in writing by Supplier.
9.2 No subsequent correspondence or document including any order by Purchaser will modify or vary the Terms and Conditions unless such variation is expressly accepted or acknowledged in writing by Supplier.
9.3 The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Australia with which the supply contract has the closest connection (“Relevant State”) and Purchaser submits to the non-exclusive jurisdiction of the Courts of the State of New South Wales.
10. INTERPRETATION
10.1 For the purposes of the Terms and Conditions, unless the context otherwise necessarily requires: ‘additional charges’ means charges in addition to the price of goods which may be made by Supplier pursuant to clause 13;
‘goods’ includes any services associated with the supply and/or installation of goods;
‘job site’ means a site other than Supplier’s premises at which Purchaser requires delivery of goods under a supply contract;
‘Purchaser’ means any person, firm or corporation including his successors administrators and assigns who or which has requested the supply of goods by Supplier;
‘related corporation’ in relation to Supplier of Purchaser means a corporation which is a related body corporate of Supplier or Purchaser (as the case may require) within the meaning of sections 9 and 50 of the Corporations Law;
‘scheduling’ means the process of determining from the Working Documentation all necessary information about the goods required under supply contract to enable the goods to be manufactured, labelled, delivered and installed;
‘Supplier’ means Wollongong Fencings Services and its assigns;
‘Supplier’s premises’ means any place from which goods supplied under a supply contract are made available for collection by Purchaser;
‘supply contract’ means any agreement, however arising, for the supply of goods by Supplier to Purchaser and includes the Terms and Conditions and all Working Documentation relevant to the supply;
‘Variation’ means any variation whatsoever to a supply contract including but not limited to amendments to Working Documentation, scheduling and re-scheduling, loading requirements, delivery times and job sites;
‘Working Documentation’ means architectural drawings, site drawings, structural drawings and construction drawings, specifications and reinforcement schedules or such other similar documents relevant to the supply and installation of goods which are provided by or on behalf of Purchaser to Supplier.
11. ORDERS
11.1 Supplier may in its absolute discretion refuse to supply and install goods under a supply contract where
(a) goods are unavailable for any reason whatsoever,
(b) credit limits cannot be agreed upon or have been exceeded, or
(c) payment for goods previously supplied to Purchaser or any related corporation of Purchaser or to any other party who is, in the reasonable opinion of Supplier, associated with Purchaser under the same or another supply contract has not been received by Supplier.
11.2 A Variation which is not in writing or has not been signed by Supplier has no effect on the supply contract. Where a Variation affects the supply contract Supplier shall be granted an automatic extension of the time for delivery of the goods equal to the delay caused by the Variation.
11.3 A supply contract cannot be cancelled unless:
(a) the prior written consent of Supplier is obtained and
(b) Purchaser indemnifies Supplier against any loss incurred by Supplier as a result of the cancellation.
11.4 Purchaser must deliver all Working Documentation without charge to Supplier and Supplier has no responsibility for the correctness of Working Documentation.
12. PRICE / PAYMENT
12.1 Supplier shall be entitled to render Purchaser progress claims based on a pro rata value of work completed, such claims to be paid for by Purchaser within seven days from Supplier’s invoice.
12.2 Supplier reserves the right to stop supply of material and cease work on the supply contract until any outstanding progress claims are paid in full.
12.3 Upon acceptance of this quotation payment will be the responsibility of the person or legal entity to whom this quotation is directed. Such acceptance will be taken as an authority to proceed with all work including if applicable demolition of existing fences and other obstructions, and it will be understood that the person or legal entity to whom this quotation is addressed has obtained the agreement of all other property owners and occupants affected in any way by such a supply contract.
12.4 Subject to the terms of any extended credit agreed in writing by Supplier either generally or in relation to the supply contract or unless otherwise agreed, terms of payment are net cash on invoice.
12.5 Purchaser shall pay Supplier on demand default interest at the rate of 24% per annum or such other rate as may be notified in writing by Supplier on all overdue amounts owed by Purchaser to Supplier which interest shall be calculated daily and paid on demand. All Purchaser payments shall be applied first to the accrued interest.
12.6 Purchaser shall not be entitled to retain any money owing to Supplier notwithstanding any default or alleged default by Supplier of the Terms and Conditions including, without limitation, the supply of allegedly faulty or defective goods.
13. ADDITIONAL CHARGES
13.1 In addition to payment of the quotation price Purchaser is responsible for:
(a) taxes (other than income tax), stamp duty or other statutory charges or levies whether State or Federal payable in relation to the supply of goods;
(b) the additional cost of manufacture, delivery and installation of goods outside normal business hours;
(c) legal costs and disbursements on an indemnity basis incurred by Supplier in relation to a breach of a supply contract by Purchaser;
(d) all costs, charges, expenses or any other outgoings incurred by Supplier with respect to any Variation by Purchaser;
(e) all costs or charges incurred by Supplier with respect to the recovery or return of goods from Purchaser whether or not such recovery or return of goods occurs in relation to any breach of a supply contract, and
(f) any charges incurred by Supplier in relation to the installation of goods.
14. AUSTRALIAN STANDARDS
14.1 All goods shall comply with those Australian Standards relevant to materials and manufacture.
15. TESTS
15.1 Any tests or inspection of the goods, or (where applicable) products or materials used in relation to the manufacture of goods required by Purchaser prior to delivery shall be conducted at the cost of Purchaser.
15.2 Supplier has no responsibility whatsoever for quality or accuracy of tests conducted under the supervision of Purchaser.
16. DELIVERY
16.1 In respect of the delivery of goods to a job site:
(a) delivery of goods shall be by vehicle on properly constructed roadway alongside job site or as close to job site as conditions allow;
(b) unless otherwise agreed prior to delivery of goods, unloading of goods at job site is the responsibility of Purchaser and shall be undertaken at Purchaser’s cost and if Purchaser or his agent is not in attendance at the job site when the goods are delivered Supplier reserves the right to unload the goods and will not be responsible for any resulting damage, expenses or costs;
(c) where Purchaser required Supplier to enter a job site for the purpose of unloading goods, Supplier shall not be liable for any damage to property thereon and Purchaser shall indemnify Supplier and hold Supplier harmless against any charge or cost of whatsoever nature and kind incurred as a result of or arising out of Supplier or its agent’s vehicle entering the property, and
(d) delivery shall be deemed to occur on arrival of the goods at the job site.
16.2 Supplier reserves the right to deliver goods to a job site where in the opinion of Supplier or its agent in its absolute discretion the job site is not safe to effect delivery of the goods.
16.3
(a) Goods which have been manufactured to Purchaser’s specifications under a supply contract will not be accepted for credit;
(b) Subject to paragraph (a) goods may be accepted for credit at the discretion of Supplier where prior arrangements have been made and confirmed in writing within seven days of receipt of invoice. An administration charge of 10% of the full retail value of the goods is applicable at the discretion of the Supplier;
(c) All goods must be accompanied by details of Invoice Number or Delivery Docket Number and Supplier should be advised as to the means of transport used, ie, Road, Rail, etc.;
(d) Goods returned must be in first class condition, and may only be accepted for credit if returned within 7 days from the date of invoice;
(e) Freight incurred on goods returned will be to Purchaser’s account.
16.4 If by reason of strikes, accidents, breakdowns, delays in transit, Government restrictions or regulations, acts of god, force majeure or any other cause whatsoever beyond Supplier’s reasonable control, either at Supplier’s premises or elsewhere, deliveries or installation are delayed or suspended, Supplier shall incur no liability whatsoever. The supply contract shall be fulfilled within a reasonable time after the cause preventing or delaying delivery or installation has ceased to operate.
17. INSTALLATION
17.1 Purchaser shall supervise the location of the fence (the ‘installation site’) and shall where erection is involved advise the erector of the location of all electrical cables, gas or water mains, sewerage, telephone lines and any other service facility which is or may be affected by the erection of the proposed fence. Supplier shall not be liable for the incorrect location of the fence and/or gates or damage to any claims of demand made by any person or authority in respect of such incorrect location or damage.
17.2 It shall be the Purchaser’s responsibility to protect all trees and shrubs and Supplier accepts no responsibility for damage to same.
17.3 Purchaser shall at its own expense provide access and safe working conditions for installation of goods at the installation site.
17.4 Purchaser shall sign the quotation in acknowledgment that all Working Documentation relevant to the installation of goods at the installation site are correct and accord with the supply contract.
17.5 Purchaser is liable for all costs, claims and expenses directly or indirectly related to the installation of goods at the installation site.
17.6 Any unfixed or unused goods or materials which may be remaining when the job is completed remain the property of Supplier and shall be removed from the installation site by Supplier and there will be no credit given for any such unfixed or unused goods.
18. RISK / PROPERTY
18.1 Risk in goods passes immediately upon delivery.
18.2 Property in goods delivered under a supply contract does not pass to Purchaser until all moneys due and payable to Supplier by Purchaser have been fully paid and, in the case of goods which are installed by Supplier, until Purchaser has inspected the completed installation and given to supplier written acceptance that the goods and installation are satisfactory and accord with the supply contract.
19. AGENCY
19.1 Purchaser agrees that the Supplier may at any time appoint or engage an agent to perform an obligation of Supplier arising out of or pursuant to a supply contract including but not limited to the delivery and installation of goods.
20. WARRANTIES AND EXCLUSIONS
20.1 Purchaser acknowledges that except for the Terms and Conditions, Supplier does not give or make any warranty assurance, promise or representation regarding the quality, fitness for use, suitability or merchantability of goods for any purpose whatsoever, and that in entering into the supply contract Purchaser has relied entirely on Purchaser’s own knowledge, skill and judgement.
20.2 Purchaser agrees that any advise given by Supplier in relation to the use or installation of goods is given on the basis that the Supplier assumes no obligation or liability for such advise.
20.3 A supply contract is not a sale by reference to sample unless expressly so stated.
20.4 Supplier is not liable for any claim, liability, expense or cost arising directly or indirectly from any fault or weakness in or of the goods whether inherent or not in respect of faulty or deceptive work practices of Purchaser and Purchaser shall hold harmless and keep Supplier indemnified therefrom.
21. DEFAULT BY THE PURCHASER
If;
(a) Purchaser breaches or is alleged to have breached a supply contract for any reason;
(b) Purchaser becomes or threatens to become or is in jeopardy of becoming subject to any insolvency administration; or
(c) Purchaser cease or threatens to cease conduct of its business in the normal manner.
Supplier may without prejudice to any other of its rights:
(d) save where payment in full has been received by Supplier, refuse delivery of goods;
(e) repossess and re-sell any goods delivered to Purchaser, the payment for which has not been received; or
(f) retain ( where applicable ) all moneys paid on account of goods or otherwise.