Terms and Condition of Sale.
1.0 Definitions
1.1 ‘Company’ shall mean Page Group Pty LTD and registered businesses trading as namely Marine MetalCraft and Balustrade 1. Also, all persons acting on behalf of the company.
1.2 ‘Customer’ shall mean the Customer or any person acting on behalf of and with the written authority of the customer.
1.3 ‘Work’ shall mean all works including the supply of materials undertaken by the company and described in this contract and includes any advice or recommendations.
1.4 ‘Materials’ shall mean all materials required to complete the works.
1.5 ‘Price’ shall mean the price of the works as agreed between the Company and the Customer.
2. Purchase Order
2.1 A signed purchase order or instructions received by the Company from the customer for the supply of works shall constitute the acceptance of the terms and conditions herein.
2.2 Where more than one customer has entered into this agreement, the customers shall be jointly and severally liable for all payments of the price.
2.3 Upon acceptance of these terms and conditions by the customer, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions of the written consent of the Company.
2.4 The customer shall make the Company aware of any changes of Ownership, address, telephone numbers or business practice.
3. Amendments to the Original Purchase Order
3.1 In the event that the customer requires a variation from the original purchase order such requests must be made in writing.
3.2 In the event that the Company request a variation, the Company will in writing
(a) State the reason
(b) Provide a full description of the variation and
(c) State any effect the variation will have on the contract, including but not limited to the price, completion date and whether further permits or authorizations are required.
3.3 Other than for the events outlined in clause 3.4 The Company will seek written confirmation of acceptance by the Customer before commencing work on the variation.
3.4 in the event of :
a) Unforseeable problems with the site which are only revealed when undertaking the works which the Company considers should be immediately rectified for the safe completion of the works, or
b) The Company being instructed to undertake extra works by any person authorized by the Building Act 1993.
Any such additional works will be treated as a variation and price is subject to change.
4 Price and Payment.
4.1 For works over $10,000 a 30% deposit applies.
4.2 At the companys sole discretion. Payment is due on the delivery of the works.
4.3 Unless otherwise stated on the invoice our terms if you are not a C.O.D customer are 14 days from the date of our invoice.
4.4 Payment should be made by bank transfer or bank cheque.
5 Job Completion
5.1 The works commencement date may be put back due to reasons outside the Companys control.
i.e
(a) Where the Customer has not made a selection
(b) Where the customer does not have the site ready for installation
(c) Where the Customer has not notified the Company that the site is ready.
5.2 The works shall be deemed completed when the Customer is given either a permit under the Building Act 1993, an occupany permit or a copy of the Certificate of final inspection.
6. Customers Responsibility
It is the intention of the Customer and agreed by the Customer that:
(a) Any building/construction sites will comply with all Victoria occupational health and safety laws relating to building /construction sites and any other relevant safety standards or legislation.
7. Risk
7.1 If the Company retains ownership of the Materials nonthesless, all risk for materials passes to the customer on completion.
7.2 A Customer purchasing Do It Yourself Kits from the internet or the shop is responsible for reading current Balustrade Regulations and installing there balustrade using these guidelines. The Company takes no responsibility for the faulty installation of a kit or parts bought from the Company.
7.3 Any advice, recommendation, information, assistance or service provided by the Company is given in good faith and shall be accepted without liability on the part of the company and it shall be the responsibility of the customer to confirm the accuracy of the same, in light of the use to which the customer makes or intends to make of the works.
8. Structural Requirement
8.1 All effort will be made by the company to detect any existing structural deficiencies at the customers Work site at the time of quoting. However at the installation stage further structural supports may be needed to enable the Company to deliver the works. It is the responsibility of the customer at the Customers cost to ensure that there are adequate structural fixing points when required. The Company reserves the right to determine the final installation method, as may be structurally necessary but take no responsibility for the structural adequacy of the fixing surface. Structural adequacy of the fixing surface should be confirmed by the customers building designer or engineer.
9. Title
9.1 It is the intention of the Company and agreed by the Customer that Ownership of Materials shall not pass until:
(a) the Customer has paid all amounts owing for the particular Materials, and
(b) the Customer has met all other obligations due by the Customer to the Company in respect of all contracts between the Company and the Customer.
10. Warranty
10.1 To the extent required by statute and subject to clause 11.2, the Company warrants that:
(a) the Works shall be carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract schedule;
(b) all Materials supplied be good and, having regard to the relevant criteria, suitable for the purpose for which they are used and that, unless otherwise stated in this contract, those Materials will be new.
10.2 The conditions applicable to the warranty stated in clause 11.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) the subsidence or movement of structures in which the Works have been installed;
(ii) faulty or improper installation by an outside party;
(iii) failure on the part of the Customer to properly maintain Works; or
(iv) failure on the part of the Customer to follow any instructions or guidelines provided by the Company; or
(v) any use of the Works otherwise than for any application specified on a quote or order form; or
(vi) the continued use of the Works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(vii) fair wear and tear, any accident or act of God.
(viii) the warranty shall cease and the Company shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Company’s consent.
(ix) in respect of all claims the Company shall not be liable to compensate the Customer for any delay in either replacing or remedying the workmanship or in properly assessing the Customer’s claim.
11. Cancellation
11.1 The Company may cancel any contract to which these terms and conditions apply or cancel delivery of Materials at any time before the Materials are delivered by giving written notice to the Customer. On giving such notice the Company shall repay to the Customer any sums paid in respect of the Price. The Company shall not be liable for any loss or damage whatever arising from such cancellation.
11.2 In the event that the Customer cancels delivery of Materials the Customer shall be liable for any loss incurred by the Company (including, but not limited to, any loss of profits) up to the time of cancellation.
12. General
12.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.2 These terms and conditions and any contract to which they apply shall be governed by the laws of Victoria and are subject to the jurisdiction of the courts of Victoria.
12.3 The Company shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions.
12.4 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the Price of the Works.
12.5 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by the Company.
12.6 The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
12.7 The Company reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change.
12.8 Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm or other event beyond the reasonable control of either party.
12.9 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.
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