(i) Extras that may be added upon mutual consent will incur extra cost above Quotation.
(ii) Our Quotation makes no allowance for the following items:-
– any work outside normal working hours;
– any associated engineers fees;
– any allowance for drawing up or submission of drawings to council.
TERMS AND CONDITIONS OF CONTRACT
In the interpretation of this contract “SUPPLIER” means Felton Industries, the “CUSTOMER” means the person, firm or company to whom quotation is addressed and the “GOODS” means that goods specified on the quotation or invoice or offer overleaf.
All quotations and offers contained on the face hereof or to which this schedule is attached are made by the SUPPLIER and all orders are accepted by the SUPPLIER (where express or implied) only on condition that the terms and conditions of this contract shall apply. No term or condition contained in the CUSTOMER’S acceptance or order or document purporting to relate to this contract shall add to, amend or delete these Terms and Conditions or any of them unless expressly agreed in writing by a duly authorised officer of the SUPPLIER.
The above quotation subject to clear and unrestricted access for hoisting of men and materials.
Price subject to final choice and mutual agreement in respect of colours, materials and finish.
The price quoted in this schedule is firm subject to our payment terms and conditions being fulfilled within fourteen (14) days and is subject to revision on labour and materials after this period.
One third (33%) deposit to accompany official order with further progress payments as requested and balance on completion or on advice from us that completed goods are ready for delivery. Delay in payment of balance incurs interest at 2% per month.
Subject to the terms hereof the property in the goods shall remain in SUPPLIER until it has received in cash the total contract price. SUPPLIER may at anytime recover the goods if they are in the CUSTOMER’S possession and resell the goods if any payment is owed by the CUSTOMER on any account is overdue or if the SUPPLIER considers that the amount outstanding from the CUSTOMER on the general statement of account between the parties is in excess of the credit limit SUPPLIER is willing to accord to the CUSTOMER and for this purpose SUPPLIER, its servants or agents may enter upon the CUSTOMER’S or other premises upon which the goods are situated.
Our quotation makes no allowance for building or development application to Council or relevant approvals required by Councillor or Government. Certain aspects of this installation come under the jurisdiction of the Department of Industrial Relations, your Fire Insurance Underwriters and local authorities. We take no responsibility for approval and suggest you contact these authorities to obtain approval before proceeding.
The Company is not responsible for the strength of structural condition of the floors or foundations upon which the construction works are erected and makes no representation and gives no warranty that such floors or foundations are suitable for the construction works thereon and shall not be liable for any damage or injury directly or indirectly attributable to any defects in or any structural movement collapse subsidence or failure of the said floors or foundations.
All measurements in this schedule are approximate. Colours, anodising, materials, fabrics, glazing etc. will be nearest commercially available (in all and any respects) to the selected or offered. All work carried out in accordance with plan but subject to deviation at our discretion subject to building mullions, pillars, ceiling etc. The SUPPLIER reserves the right to change the materials used in manufacture to take advantage of any technical developments, improvements or modifications which SUPPLIER considers desirable.
(a) At cost to be effected approximately 4-6 weeks from acceptance of this order schedule. Subject at all times to factors outside our
control, holidays, fire, strikes, lockouts, other contingencies and in all cases subject to confirmation or alteration if and when offered
order is accepted by us.
(b) Unless the CUSTOMER has requested SUPPLIER to make special delivery arrangements the risk in respect of the goods shall pass to
the CUSTOMER upon delivery to the CUSTOMER’S premises or the nominated carrier’s depot. The CUSTOMER shall provide or cause
to be provided in full and clear access for delivery and will at its own expense provide all necessary assistance in unloading the goods
at the nominated place of delivery.
(c) Where the CUSTOMER has requested special delivery arrangements (ie. other than SUPPLIER delivering to CUSTOMER’S premises) risk in respect of goods shall pass to the CUSTOMER upon the goods leaving the premises of SUPPLIER. The SUPPLIER will not in any circumstances accept liability for damage, shortage or loss during transit.
(d) If delivery of the goods by SUPPLIER is delayed for a cause other than its own negligence the CUSTOMER shall be liable for extra charges, losses or expenses incurred by SUPPLIER and the CUSTOMER shall not be entitled to cancel this contract by reason thereof.
The SUPPLIER’S quotation is submitted on the basis that any materials of the CUSTOMER which are to be used in connection with the quoted works conform to relevant Government regulations. Any materials not so conforming or proving to be defective shall be replaced by the SUPPLIER at the cost of the CUSTOMER.
The SUPPLIER’S quotation is given on the basis that the building where the quoted works are to be carried out is soundly constructed and capable of being altered in the manner proposed by the quotation without any other work of any kind whatsoever being required. If any work over and above that quoted for is required this will be to the CUSTOMER’S account.
Orders accepted by SUPPLIER cannot be countermanded or delivery deferred or goods returned except with the written consent of SUPPLIER and upon terms that reimburse and indemnify SUPPLIER against loss including cartage, bank charges, and other incidental expenses on any part of the order that is cancelled.
Should there be any variation in details, sizes and quantities, delivery instructions or any other item or matter on which the quotation or invoice is based SUPPLIER reserves the right to revise and amend the contract price accordingly.
The buyer will serve all notices and make applications for and obtain all such licences, consents or approvals as are required under any Building Regulations or By-Laws or any legislation for the time being in force prior to the carrying out any construction works herein and the buyer shall be liable and indemnify and keep indemnified the SUPPLIER against all actions, proceedings, costs, charges, claims or demands arising directly or indirectly out of or in connection with any breach of this condition.