Terms & Conditions of Trade
- The Applicant agrees to pay, without any deduction or set off whatsoever, the price and taxes charged by the Company to the Applicant for the supply or hire out of goods and services (the “Price”) within _____ days of the date of the invoice rendered by the Company or within such other period of time required hereunder. The Company shall be entitled to charge interest on all outstanding monies due by the Applicant at the rate of 8.0% per annum. Any dispute or query by the Applicant concerning a Company invoice must be notified in writing to the Company within 14 days of the date of the invoice failing which the Applicant shall be deemed to have accepted the invoice.
- The Company requires the Applicant to provide it with an approved order number from the Company. The Applicant agrees that this trading application and each application for credit made by the Applicant shall be deemed to have been accepted from the date of receipt by the Company of the Applicant’s first approved order number after the date of this trading application, and that without further notice to the Applicant this document shall immediately have effect as an agreement by deed between the Company and the Applicant.
- The Company may withdraw or alter any quotation to the Applicant at any time before it has been unconditionally accepted by the Applicant. The Applicant acknowledges and agrees:
Quoted prices are subject to the Applicant’s order being for the entire quantity of goods or services specified in a quotation.
- (i.) Unless specified the Company has made no allowance for site specific allowances or rates of pay. The Company reserves the right to alter the quoted amount to account for these matters.
- (ii.) Quotes prices are reliant upon any specifications, plans and drawings that are provided to the Company by the Applicant. If it is necessary for the Company to vary the extent, scope or methodology of its services or the hire by reason of the Applicant’s additional requirements or lack of detail, inaccuracies, or subsequent alterations, in or to the specifications, plans or drawings; then the Applicant agrees to pay the Company for any additional expense or price that is charged by reason of the variation.
- Any credit allowed by the Company under this agreement is not unlimited. If no written notice of the credit allowed from time to time by the Company is provided to the Applicant then the credit limit is reflected by the highest amount of credit extended under this agreement at the immediate point in time.
- The Company may at any time withdraw or suspend this facility or increase or decrease the limit of this facility without notice to the Applicant. The Company may require security satisfactory to the Company (including guarantees) to be given as a condition precedent to the continuation of this facility. The Company may at any time require payment in advance of the whole or any part of the Price as a condition precedent to the continued supply or hire out of goods or services by the Company. If there are any outstanding payments due by the Applicant to the Company on any account whatsoever or if the Company has reason to doubt the Applicant’s ability to pay for the supply in the future, the Company can, and is not liable for any loss or damage suffered by the Applicant in doing so, cease supply or the hire of goods or services to, or at the request of, the Applicant.
- The Applicant hereby indemnifies and holds indemnified the Company against all claims whatsoever taken against the Company its employees, servants, agents and sub-contractors by any third party by reason of the termination of the hire out of the goods and services. The Applicant agrees the Company shall not be liable to the Applicant for any loss, expense, reimbursement or any damage whatsoever including but not limited to damages on account of prospective profits, on account of expenditures, investments, leases or other commitments relating to the business or goodwill of the Applicant or on account of any consequential loss or damage incurred or suffered by the Applicant or customers of the Applicant, which arises from or is connected in any way whatsoever with the determination or expiration of the hire of the goods and services.
- The Company will not be liable to the Applicant for any loss, expense or damage whatsoever occasioned by delays outside the control of the Company including but not limited to events such as: unsafe working conditions not caused by the Company; strikes; government priorities; inclement weather; delays in obtaining approvals and permits to carry out the services or the methodology required; having to bypass some areas that are not ready for the Company so to cause a break in the programmed area of work; materials and services to be provided by the Applicant not being available when required by the Company or requiring replacement or repair; delays as a result of any variations to this agreement including variations required to the Company’s methodology programme at the Applicant’s request; lack of access; vandalism to plant and equipment or the work site.
- Unless otherwise provided for in writing by the Company, the Applicant will investigate, determine and advise the Company of the presence or otherwise of all services (in-ground or otherwise) that may be affected by the supply or hire out of the goods and services. The Company is not responsible for loss occasioned by non-disclosed existing services such as sewers, electric cables, gas services and telephone cables and the Company is to be indemnified by the Applicant against any claims, costs or expenses incurred against the Company occasioned by damaging or disrupting those services.
- Other than the representations or warranties expressed in this agreement, the Applicant acknowledges that the Company does not make any representations or warranties regarding the goods, services or any matter which is or might be relevant to the Applicant in entering into this agreement.
- Where the law implies any term or warranty into these terms and conditions which cannot be excluded, then the liability of Company for any breach of such term will be limited in the manner permitted under section 68A Trade Practices Act 1974 and similar provisions of relevant State legislation to one of the following, as the Company determines:-
- (i.) the Company replacing the goods or services;
- (ii.) the Company repairing the goods or services;
- (iii.) the Company supplying the service again; or
- (iv.) the reasonable cost of having the goods or services repaired or replaced. Subject to this clause all conditions and warranties which would or might otherwise be implied in these terms and conditions are hereby excluded to the extent permitted by law.