The following terms & conditions form part of the Quotation and shall become the Conditions of Contract for the works and any subsequent variations. These Conditions shall only be varied by agreement in writing.
TERMS OF PAYMENT
Unless otherwise agreed, payment for invoices shall be made within seven (7) net from date of invoice for the full amount of each invoice.
Payment claims shall be invoiced weekly unless otherwise agreed upon.
Should any amount invoiced remain due and unpaid for more than thirty (30) days past the due date for payment, an administration fee of 5% shall apply and interest shall be payable from the due date up to the date on which payment is made at the rate of 15% per annum.
Unless specifically allowed for in this Quotation, the following facilities, as considered necessary by the Contractor, for carrying out the contract shall be provided without cost to the Contractor by the Client:
a) Fresh clean water, power as required.
b) A dry safe space for materials with adequate protection against theft, damage, etc.
c) Toilet and washing facilities.
Should this report and/or Quotation be of an advisory nature and any specification described therein, or subsequently described as contained in any variation or amendment, be used in part or in its entirety or be retained as a report for possible future action or comparison with other report shall be deemed to be a consultancy report and a charge shall apply which shall be based on 8% of the estimated, or actual value of the proposed or total contract works or $1500 whichever is the greater.
SCOPE OF THE WORKS
This Quotation is for the carrying out of the ‘work’ as specified herein and otherwise excludes anything not specified in the scope of work or herein. Unless specifically stated otherwise, the work excludes any latent site conditions or conditions unknown at the time of quotation. The waterproofing performance of the ‘work’ relates only to the work carried out and does not attract liability or rectification for any other problems, defects or area. All existing structural and building work is assumed to be sound, has been built in accordance with good workmanlike standards and is not defective. Should the scope of the works be reduced, we reserve the right to recover our losses arising thereof.
The existing structures, together with all the contents thereof and the works including materials Incorporated or to be incorporated herein, and a all scaffold plant and equipment including specialized equipment to be used for the execution of the works, whilst on or adjacent to the site of the Works shall, except as detailed in sub clause (a) of this clause, be at the sole risk of the Client who should maintain adequate insurance against the risk of any damage or loss thereto.
a) The Contractor’s liability under the contract, under statute and in equity is limited to the lesser of 10% of the Contract Value of $50,000.00. All indirect specials, business profit, rent or consequential losses are excluded.
b) Unless agreed otherwise in writing, costs or losses incurred due to delay in carrying out or completing the work is excluded.
The Client shall within seven (7) days of the date of the completion of each item of work, notify the Contractor in writing of any defects or faults (if any) which are apparent in the works failing which liability is excluded.
VARIATIONS & OTHER COSTS
a) All variations or additional works shall be charged for at the quoted price or if no quotation has been given, the works will be charged for at the Contractors then current charge out rate for labour and all materials and equipment plus 20%.
b) Any costs incurred by the Contractor due to delay, prolongation or acceleration are payable at the Contractors then current charge out rate for labour and equipment plus 20%.
MOBILISATION, DOWNTIME AND ACCESS
Work will be carried out in a continuous logical manner within a single mobilisation. Re-mobilisation and down time will be charged at our normal rates. Free and unimpeded access is required to the site during the works. Parking on site for one vehicle and a visiting vehicle for our supervisor to be provided free of charge.
No allowance has been made for Government Taxes or GST unless nominated on the quotation.
Due to the nature of our work, all programs are preliminary and subject to change. Adverse weather conditions may alter programs or delay start dates. Upon receipt of a written acceptance of our quotation, the client will be advised as to an approximate start date.
NORMAL WORKING HOURS
Unless otherwise agreed, all works will be carried out between 7.00am to 3.00pm, Monday to Friday.Works outside these times will incur a surcharge. No site allowance has been allowed unless otherwise specified.
A written acceptance is required prior to the start of labour to any project. A lead-time is normally required to effectively mobilize. Method Statements are generally only issued after conformation of acceptance of quotation.
These terms take precedence over any other terms purported to apply in the carrying out of the work, whether in another document such as a ‘contract’, ‘subcontract’, ‘agreement’, ‘purchase order’ or otherwise.
VALIDITY OF QUOTATION
30 Days from quotation date.
The Contract is governed by the laws of Queensland and each Party submits to the non-exclusive jurisdiction of the Courts and Tribunals exercising Jurisdiction there in connection with matters concerning the Contract.