STANDARD TERMS AND CONDITIONS OF QUOTATION
AND SALE CONTRACT
THE FENCING CO. will be referred to as “The Company” and the person or legal entity to whom this quotation is addressed will be referred to as “The Purchaser”.
1. Every quotation is an estimate and is subject to withdrawal, correction or alteration at any time prior to the Company’s acceptance of the Purchaser’s order.
2. Orders are accepted on the basis that the Company reserves the right to vary the prices payable by the Purchaser to accord with those ruling at the date of dispatch, except where prior negotiation allows an order on an alternative basis. In the event that any order or other document forwarded by the Purchaser to the company contains anything inconsistent with these conditions such order or other document, if accepted, is accepted only on the express understanding that these conditions are to prevail in all cases.
3. The Price is based on the Purchaser providing a cleared site with any existing fence demolished and removed unless otherwise agreed. The price is further based on a surveyed alignment and a pegged fence line being provided by the 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 the Purchaser.
4. Unless stated in quotation no allowance has been made for any obstructions such as rock, concrete, tree roots, broken posts or any other matter which may be encountered during the performance of the Contract. An additional charge based on ruling for labor plus the costs of hire of any necessary equipment will be made to cover the costs of drilling or removing such obstructions. An addition charge calculated on the basis set out in this clause will also be payable:
(a) for any excavation extra to those quoted which are required by the Local Council or other authority or required because of site or soil conditions;
(b) for any delays caused by the Purchaser’s error or delay in providing details and/or instructions or caused by any change in the proposal quoted for or caused by the Purchaser’s unavailability or lack of access to the site to enable works to proceed.
5. All quotations are based on erection and manufacture of the Company’s products during ordinary working hours 8am-2pm. If the Company incurs additional costs by reason of overtime work at the request of the Purchaser or by reason of the Purchaser’s failure to supply necessary or to make the site available for execution of the Contract such overtime charge shall be to the Purchaser’s account.
6. Where the Purchaser is a Contractor to a head Contractor and this quotation constitutes a sub-contract agreement between the Company and the Purchaser, the company shall be entitled to receive a copy of the Head Contract or that part of the Head Contract relating to the supply and erection of fencing. All drawings and specifications forming any part of the Head Contract relating to the supply and erection of fencing are to be supplied to the Company.
7. Where the quotation specifically excludes the cost of erection or where the Purchaser accepts a quotation for the supply of materials only it will be the responsibility of the Purchaser to check all materials received against Consignment Notes immediately upon unloading at destination. No claim for shortages or for improper or defective or damaged materials will be recognized by the Company unless notified in writing within forty-eight hours of delivery. In any event if additional material or insufficient material is for any reason whatsoever ordered then the Company shall not be obliged to give a credit and the Purchaser cannot make any claim whatsoever against the Company.
8. Commencement of work by the Company at the Purchaser’s request shall constitute acceptance of a contract incorporating the terms and conditions of this quotation unless otherwise agreed to in writing by the Company.
9. Unless otherwise agreed by the Company, this quotation is for delivery by truck in a properly constructed street alongside site or as close to the site as conditions allow. In the event that the Purchaser or his agent are not in attendance at site when the material is delivered the Company reserves the right to unload the material and will not be responsible for any subsequent claim of any nature. Where a delivery cannot be effected a delivery and return fee based on Master Carrier Rates will be charged to the Purchaser.
10. In the event of the company’s or its agent’s vehicle entering upon any property in furtherance of the Contract the Company will not be responsible for any damage to the Purchaser’s property or that of another party and the Purchaser shall indemnity the Company and hold the Company harmless against any charge or costs of whatsoever nature and kind incurred as a result of or arising out of the Company or its agent’s vehicle entering the property.
11. Where erection is involved, the Purchaser shall supervise the location of the fence and shall advise the erector of the location of all electrical cables, gas or water mains, sewerage, telephone lines, pool accessory functions or services and any other service facility or utility is or may be affected by the erection of the proposed fence. The Company shall not be liable for the incorrect location of the fence and/or gates or damage to any of the above functions, services or utilities and the Purchaser will indemnify the Company against any claims of demand made by any person or authority in respect of such incorrect location or damage.
12. It shall be the Purchaser’s responsibility to protect all trees and shrubs and the Company accepts no responsibility for damage to same.
13. Illustrations, drawings, categories, advertisements, pamphlets and the like accompanying the quotations or in the Purchaser’s hand before or after the Purchaser places an order are supplied in good faith for general information only and shall not be used in connection with or in support of or as the basis of any claim against the Company nor to justify rejection of the goods. Any inaccuracies or incorrect information contained in such documents shall not void or vitiate the contract nor shall they entitle the Purchaser to compensation or other allowances. All drawings are and shall remain the exclusive property of the Company and may be recalled by it and must be considered and treated as confidential, not to be loaned, copies, or otherwise used without the Company’s written consent, any clerical or technical error or error of any nature is subject to correction by the Company at any time by written notice to the Purchaser.
14. The Purchaser, in placing the order, acknowledges that it has determined for itself the fitness of the ordered fencing for the required purpose and further that it has relied upon its own inspections and investigations, making such determination. Delivery and/or performance of the contract is subject to the ability of the Company to obtain raw materials from its normal source The Company reserves the right to cancel or postpone delivery due to war, civil commotion, strikes, lockouts, non-availability of transport or any other cause of whatsoever nature beyond the control of the Company. No responsibility is accepted by the Company for loss, damage or delay from any of the above causes.
15. Any variation, alteration, addition or modification of the work to be done or of the materials to be supplied must be made in writing by the Purchaser and will only be effective to vary this Contract when accepted in writing by the Company.
16. The Company shall be entitled to render the Purchaser progress claims based on a pro rata value of work completed, such claims to be paid for the Purchaser within seven (7) days from the Company’s invoice.
17. The Company reserves the right to stop supply of material and cease work on the contract until any outstanding progress claims are paid in full.
18. Upon accepting the Purchaser’s order the Company is authorized to proceed with all work including, if applicable, demolition of existing fences and other obstructions. The Purchaser undertakes that prior to the placing of order it has obtained the approval and consent of all relevant government authorities and all property owners and occupants affected in any way by the contract and hereby indemnifies the Company against all claims costs and expenses which it may incur as a result of the Purchaser’s failure to obtain such approval or consent. The Company reserves the right to re-quote the job to completion if such a delay occurs.
19. Terms of payment are 20% deposit with order, the balance of material value being payable on or prior to delivery, together with any delivery charges payable to the Company. Installation value is payable on completion of job except where Condition 18 takes effect or unless otherwise agreed.
20. Full and final payment is required within 30 days from the date of the tax invoice. Transfer of ownership of goods will not occur until the invoice is paid in full. Interest on over due invoices will be charged at “Bankers Retail Index Rates currently at 10% p.a.”.
21. Should debt collector costs be incurred these will be the responsibility of the Purchaser.
22. Except as required by the Trades Practices Act all implied conditions and warranties are hereby excluded, subject to the extent that the conditions and warranties cannot be excluded under the Trades Practices Act, the Purchaser’s sole and exclusive remedy for any damaged whether direct, indirect, special or consequential shall be limited to any one of the following:
(i) In the case of goods:
(a) the replacement of goods or supply of equivalent goods;
(b) the repair of goods;
(c) after agreement with the Company the payment of the cost of replacing or repairing the fencing or having it replaced or repaired.
(ii) In the case of service:
(a) the supply of the services again; or
(b) after agreement with the Company payment of the cost of having the service supplied again.
23. Any taxes or government charges (including but not limited to sales tax) imposed upon the Company relating to the supply of goods or services pursuant to an accepted order shall be an additional charge to the Purchaser.
24. Any unfixed or unused goods or materials which may be remaining when the job is completed will remain the property of the Company and shall be removed from the site by the Company and there will be no credit given for any such unfixed or unused goods.
25. All products remain the property of the company until paid for in full. The company reserves the right to remove any products from the site that have not been purchased.
The Company guarantee
ALL our products are supplied with a workmanship guarantee of 3 months after completion of contract, as timber is a natural product any shrinking, splitting, warping or wind damage is not covered by this guarantee.