Terms and Conditions
TERMS OF TRADE
PROJECT CONCRETE – ABN: 49 917 529 856
13/10/2023
Our terms of trade are set out below, they govern our business relationship with those that choose to trade with us. Please ensure you read the following terms and sign the document to agree.
- DEFINITIONS
1.1 “Contractor” means PROJECTCONCRETE, its successors or any person acting on behalf of and with the authority of PROJECTCONCRETE.
1.2 “Client” means the person/s buying the goods or services as specified in any invoice, document or purchase order. If there is more than one Client, the terms refer to each jointly.
1.3 “Services” means all Goods or Services supplied by the Contractor to the Client. When the context permits the terms “Goods” &” Services” shall be interchangeable for one another.
1.4 “Price” means the Price payable for the Goods as agreed between the Contractor and Client as per clause 3 below.
- ACCEPTANCE
2.1 The Client is taken to have exclusively accepted and is bound, jointly, by these terms and conditions if the client places a purchase order for or accepts delivery of the Service.
2.2 These terms apply to all trade between the Contractor and Client, these terms are effective from the above date until these terms are replaced by another document.
2.3 The Client is of the opinion that the contractor has the necessary qualifications, expertise and ability to provide the Services to the Client as described in the relevant documentation. The Contractor is agreeable to provide such Services to the Client on the terms and conditions set out in this document.
- PAYMENT
3.1 The Price payable shall be invoiced based on the quotation and purchase order documentation, unless otherwise stated these documents will be valid for (60) days. All Prices are subject to clause 3.2.
3.2 The Contractor reserves the right to modify the price when:
3.2.1 A variation of the Services that are supplied is requested; or
3.2.2 Additional Services are required to the unforeseen, discoverable or hidden difficulties (including but not limited to limitations to access, changes in design, safety considerations, prerequisite work by any third party not being completed etc) that only occur once the Service has commenced.
3.3 Prior to the commencement of any Service a pre-agreeable deposit will be required.
3.4 Invoices from the Contractor to The Client are payable within (7) working days, or at the Contractors discretion:
3.4.1 Upon the delivery of the Services;
3.4.2 By way of instalments/progress payments in accordance with a pre-arranged schedule;
3.4.3 The date specified on any invoice.
- PENALTIES FOR LATE PAYMENT
4.1 Late payments shall trigger an interest rate of 0.83% on any amount still owning. Interest shall compound monthly at such rate.
- CLIENTS RESPONSIBILITIES
5.1 It is the Clients responsibility to:
5.1.1 Ensure clear and free access to the work area for the duration of the proposed schedule.
5.1.2 Ensure the work area is clean and clear to enable efficient work rates and site safety.
5.1.3 Disclose any information that may affect the quality of Service by the Contractor.
5.1.4 Isolate any fire alarms or smoke detectors.
5.1.5 Extinguish any naked flames prior the installation of any coating material.
5.1.6 Provide power supply to the specified requirements in order to undertake the Service efficiently. This may include single or three phase power, within (10) metres of the work area.
5.1.7 Provide working overhead lighting.
5.1.8 Provide water supply, with a flow rate min 15L/min.
- DEFECTS WARRANTIES AND RETURNS, COMPETITION AND CONSUMER Act 2010 (CCA)
6.1 Defects, warranties and returns are only applicable to those Goods and Services that have been paid for in full.
6.2 The Client is required to inspect the Goods upon delivery and must within (3) days of delivery notify the Contractor of any defect/damage, shortage of quality, or failure to comply with the described Service. The Client must notify of any other defect in the Goods as soon as reasonably possible after such time, when defects become evident.
6.3 These terms fall under applicable State, Territory and Commonwealth Laws (including without limitation the CCA). The Contractor acknowledges that nothing in these terms and conditions purports to modify or exclude these laws.
6.4 If the Client is a customer within the meaning of the CCA, the Contractors liability is limited to the extent permitted by section 64A of schedule 2.
6.5 If the Contractor is required to replace Goods under this clause or the CCA, but is unable to do so, the Contractor may refund any money the Client has paid.
6.6 If the Client is not a customer within the meaning of the CCA, the Contractors liability for any defect or damage for Goods or Services is:
6.6.1 Limited to any warranty value of any express warranty card provided to the Client by the Contractor.
6.6.2 Limited to the Contractor’s entitlement, if the Contractor did not manufacturer the Goods.
6.6.3 Otherwise negated completely.
6.7 Notwithstanding clause 6.1 but subject to the CCA, the Contractor shall not be liable for any defect or damage caused or partly caused by or arise as a result of:
6.7.1 The Client failing to properly maintain the Goods;
6.7.2 The Client using the Goods for any purpose other than the intended use;
6.7.3 The Client continuing to use the Goods after any defect becomes apparent;
6.7.4 The Client failing to follow guidance and/or instructions provided by the Contractor;
6.7.5 Fair wear and tear, any accident, or act of God.
- OWNERSHIP OF INTELLECTUAL PROPERTY
7.1 All intellectual property and related material that is developed or produced under this agreement and during the supply of Service, will remain the property of the Contractor. The Client is granted a non-exclusive limited-use licence of this intellectual property.
7.2 The Client agrees the Contractor (at no cost) use for the purposes of marketing or entry into any competition, any documentation, designs, drawings or digital content or Goods which the Contractor has created for the Client.
- COMPLIANCE WITH LAW
8.1 Both the Client and Contractor shall comply with the provisions of all statutes and bylaws of government, local and other public authorities that may be applicable to the Service.
8.2 The Client shall be responsible to obtain (at the Clients expense) all licenses and approvals that may be required for the Service to be carried out.
8.3 The Client agrees to provide a work site that complies with the appropriate occupational health and safety guidelines relating to building and construction.
- CONSTRUCTION CONTRACTS Act 2004
9.1 At the discretion of the Contractor, if there are any disputes or claims for unpaid Services the provisions of the Construction Contracts Act 2004 may apply.
- CONCLUSION
10.1 Failure by the Contractor to enforce any of these terms and conditions shall not be perceived as a waiver of any of these terms, nor shall it affect the right of the Contractor to later enforce these terms.
10.2 These terms and conditions and any other contract to which they apply shall be governed by the laws of Western Australia.
10.3 Subject to clause 6 the Contractor shall be under no liability whatsoever to the Client for any indirect loss and/or consequential loss and/or expense, in cases where the Contractor is liable, this liability under no circumstances shall exceed the Price of the Goods.
10.4 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either.
10.5 The Client warrants they have the power to enter into this agreement and has obtained all necessary authorisations to all for the Service to take place, there are no issues with insolvency, and that this agreement creates a binding and valid legal obligation on it.
