ALL AGREEMENTS and CONTRACTS made by TechSpan Building Systems or any of its related entities (herein called “the Vendor”) for the sale of products (herein called “the products”) are subject to the following terms and conditions of sale unless otherwise agreed in writing:
1. Sale Price. All Sales made by the Vendor are made at the Vendors ruling price at the time of delivery unless otherwise agreed in writing. The Client shall pay for the products in the manner set out in this quotation.
2.The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair Trading Acts (“FTA”) Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
3.Terms of Sale. The Vendor shall not be bound by any warranty, condition, term or representation not specified herein.
4.Fitness for Purpose. Whilst recommendations may be may by the vendor based on the information provided, it is the responsibility of the client to ensure that the goods ordered are fit for the intended use by the client.
5. Availability. The Vendor shall not be liable for any claim, loss or expense of any nature whatsoever sustained or incurred by any person for any cause or reason whatsoever arising in any way as a result of unavailability of the products or any delays in the delivery of the products or any part thereof or failure to deliver the product or any part thereof.
6. Limitation of Liability. The Vendor shall not be liable for any claim, loss or expense of any nature whatsoever which arises on or after the expiration of seven days from the date of delivery or once the products have been altered, varied or otherwise used after which there shall be deemed to have been complete and unqualified acceptance of the products. The Vendor will not admit any liability whatsoever which would exceed the cost of replacement of the subject goods and shall not in any event be liable for any contingent or indirect special or punitive damages arising in any way whatsoever in relation thereto and the Client acknowledges that this is a express condition and limitation of liability and agrees to limit any claim accordingly. No other term, condition, warranty, representation, agreement or understanding of any nature whatsoever expressed or implied shall in any way extend to or otherwise relate to or be binding on the Vendor in relation to such sale other that these terms and any term or other terms which the Vendor agrees in writing to be bound by is made or given.
7. Ownership of Products. The title of the products shall not be passed to the Client until the purchase monies are paid in full. The Vendor reserves the right to take possession of and dispose of the products as it sees fit at any time prior to full payment being made by the Client. The Client hereby grants permission to the Vendor or it’s agents to enter upon any land or premises where the products are in order to retake possession. If the Client resells the products prior to payment to the Vendor then monies received by the Client shall be held upon trust for the Vendor and if required in an account opened in the Vendors name and the client agrees if requested by the Vendor to assign to the Vendor any right to any outstanding monies relating to any resale of the Vendors products. The products are at the Client’s risk from the time of delivery, Client agrees to indemnify the Vendor in relation to any loss or damage that occurs to the products after the time of delivery.
8.Variations are to be agreed in writing and will not be acted upon until all parties named have signed in agreement and returned the variation document.
9.Cancellation. Upon cancellation of a written order, the Client must put same in writing and forward the vendor immediately. Cancellation of an order by the Client authorises the Vendor to deduct a sum equal to ten (10) precent of the Price of the products plus any additional costs to date.
10. Unloading. Where delivery to site is included in this contract, unloading of delivery vehicles will be the sole responsibility of the Client.
11.1. Subject to the conditions of warranty set out in clause 11.2 the Vendor warrants that if any defect in any Goods becomes apparent and is reported to the Vendor within the warranty period as stated on the Company’s quotation (time being of the essence) then the Vendor will either (at the Vendor ’s sole discretion) replace or repair the Products.
11.2. The conditions applicable to the warranty given by 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) failure on the part of the Client to properly maintain any Products; or
(ii) failure on the part of the Client to follow any instructions or guidelines provided by the Vendor; or
(iii) any use of any Products otherwise than for any application specified on a quote or order form; or
(iv) the continued use of any Products after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) fair wear and tear, any accident or act of God.
(b) the warranty shall cease and the Vendor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Vendor ’s consent.
(c) in respect of all claims the Vendor shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
11.3. For Goods not manufactured by the Vendor, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Vendor shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.
12. Signed copy of this quotation must be accompanied with the deposit in order for work to commence.
13. Delivery date and completion date (if any) shall be extended if the Vendor is delayed by any matter or circumstance beyond the control of the Vendor.
14. Unless otherwise agreed the Client agrees to be the owner/builder for the purpose of the building application. If the product supplied is part of the Vendor’s standard range, no charge will be added for plans and computations. If products are not part of the Vendor’s standard range, the client shall incur an additional charge for the preparation of plans and computations.
15. Time shall be of the essence of all payments by the Client. If any payment is late, interest shall be payable at a rate equal to 2 per cent higher than the rate specified by section 2 of the Penalty Interest Rates Act, 1983.
16. Validity. This quote is valid for 30 Days from date of issue. The Vendor reserves the right to vary pricing after this period has expired.