In this quotation Quin Sports and Nets (ABN 60008022615) will be referred to as “The Company” and the person or legal entity to whom this quotation is addressed will be referred to as “The Purchaser”.
- Every quotation is an estimate and is subject to withdrawal, correction or alteration at any time prior to the Company’s acceptance of the Purchaser’s order.
- Orders are accepted on the basis that the Company reserves the right to vary the prices payable by the Purchaser to accord with those ruling at the date of dispatch, except where prior negotiation allows an order on an alternative basis. In the event that any order or other document forwarded by the Purchaser to the company contains anything inconsistent with these conditions such order or other document, if accepted, is accepted only on the express understanding that these conditions are to prevail in all cases.
- When an installation is required, the
price is based on the Purchaser providing a cleared site for the installation. Unless included in the quotation any costs incurred in respect of clearing the site and demolishing and removing any existing structure will be extra to the price quoted and shall be charged to the Purchaser.
- Unless stated in the quotation no allowance has been made for any obstructions such as rock, concrete, tree roots, broken posts or any other matter which may be encountered during the performance of the Contract. An additional charge based on labour plus the costs of hire of any necessary equipment will be made to cover the costs of drilling or removing such obstructions. An additional charge calculated on the basis set out in this clause will also be payable:
(a) for any excavation extra to those quoted which are required by the Local Council or other authority or required because of site or soil conditions;
(b) for any delays caused by the Purchaser’s error or delay in providing details and/or instructions or caused by any change in the proposal quoted for or caused by the Purchaser’s unavailability or lack of access to the site to enable works to proceed.
- This quotation is based on the premise that the installation can be carried out without interruption due to:
(a) Activity by the purchaser or any other contractor employed by them on the same site.
(b) Adverse weather causing interruptions.
Under these circumstances, if Quin Sports and Nets has personnel standing by waiting to work and has equipment hired and on Site an additional charge to cover the costs of standing by Quins Sports and Nets employees and/or hire equipment will be incurred by the purchaser
- All quotations are based on manufacture and installation of the Company’s products during ordinary working hours. If the Company incurs additional costs by reason of overtime work at the request of the Purchaser or by reason of the Purchaser’s failure to supply necessary or to make the site available for execution of the Contract such overtime charge shall be to the Purchaser’s account.
- When the Purchaser accepts a quotation for the supply of materials only it will be the responsibility of the Purchaser to check all materials received immediately upon unloading at destination. No claim for shortages or for improper or defective or damaged materials will be recognized by the Company unless notified in writing within forty-eight hours of delivery. In any event if additional material or insufficient material is for any reason whatsoever ordered then the Company shall not be obliged to give a credit and the Purchaser cannot make any claim whatsoever against the Company.
- Commencement of work by the Company at the Purchaser’s request shall constitute acceptance of a contract incorporating the terms and conditions of this quotation unless otherwise agreed to in writing by the Company.
- Unless otherwise agreed by the Company, this quotation is for delivery by truck in a properly constructed street alongside site or as close to the site as conditions allow. In the event that the Purchaser or his agent are not in attendance at site when the material is delivered the Company reserves the right to unload the material and will not be responsible for any subsequent claim of any nature. Where a delivery cannot be effected a delivery and return fee based on Master Carrier Rates will be charged to the Purchaser.
- In the event of the company’s or its agent’s vehicle entering upon any property in furtherance of the Contract the Company will not be responsible for any damage to the Purchaser’s property or that of another party and the Purchaser shall indemnity the Company and hold the Company harmless against any charge or costs of whatsoever nature and kind incurred as a result of or arising out of the Company or its agent’s vehicle entering the property.
- Where installation is required, the Purchaser shall be responsible for and clearly nominate the location of the installation prior to installation commencement. Also, the Purchaser shall advise the installer of the location of all electrical cables, gas or water mains, sewerage, telephone lines, pool accessory functions or services and any other service facility or utility is or may be affected by the erection of the proposed structure. The Company shall not be liable for the incorrect location of the structure or damage to any of the above functions, services or utilities and the Purchaser will indemnify the Company against any claims of demand made by any person or authority in respect of such incorrect location or damage.
- It shall be the Purchaser’s responsibility to protect all trees and shrubs and the Company accepts no responsibility for damage to same.
- Illustrations, drawings, categories, advertisements, pamphlets and the like accompanying the quotations or in the Purchaser’s hand before or after the Purchaser places an order are supplied in good faith for general information only and shall not be used in connection with or in support of or as the basis of any claim against the Company nor to justify rejection of the goods. Any inaccuracies or incorrect information contained in such documents shall not void or vitiate the contract nor shall they entitle the Purchaser to compensation or other allowances. All drawings are and shall remain the exclusive property of the Company and may be recalled by it and must be considered and treated as confidential, not to be loaned, copies, or otherwise used without the Company’s written consent, any clerical or technical error or error of any nature is subject to correction by the Company at any time by written notice to the Purchaser.
- The Purchaser, in placing the order, acknowledges that it has determined for itself the fitness of the ordered components for the required purpose and further that it has relied upon its own inspections and investigations, making such determination. Delivery and/or performance of the contract is subject to the ability of the Company to obtain raw materials from its normal source The Company reserves the right to cancel or postpone delivery due to war, civil commotion, strikes, lockouts, non-availability of transport or any other cause of whatsoever nature beyond the control of the Company. No responsibility is accepted by the Company for loss, damage or delay from any of the above causes.
- Any variation, alteration, addition or modification of the work to be done or of the materials to be supplied must be made in writing by the Purchaser and will only be effective to vary this Contract when accepted in writing by the Company.
- The Company shall be entitled to render the Purchaser progress claims based on a pro rata value of work completed, such claims to be paid for the Purchaser within seven (7) days from the Company’s invoice.
- The Company reserves the right to stop supply of material and cease work on the contract until any outstanding until any outstanding progress claims are paid in full.
- Upon accepting the Purchaser’s order the Company is authorized to proceed with all work including, if applicable, demolition of existing structures. The Purchaser undertakes that prior to the placing of order it has obtained the approval and consent of all relevant government authorities and all property owners and occupants affected in any way by the contract and hereby indemnifies the Company against all claims costs and expenses which it may incur as a result of the Purchaser’s failure to obtain such approval or consent. The Company reserves the right to re-quote the job to completion if such a delay occurs.
- Full and final payment is required within 30 days from the date of the tax invoice. Transfer of ownership of goods will not occur until the invoice is paid in full. Interest on over-due invoices will be charged at “ANZ Temporary Overdraft Rate currently at 13.26% p.a.”
- Should debt collector costs be incurred these will be the responsibility of the Purchaser.
- Except as required by the Trades Practices Act all implied conditions and warranties are hereby excluded, subject to the extent that the conditions and warranties cannot be excluded under the Trades Practices Act, the Purchaser’s sole and exclusive remedy for any damaged goods whether direct, indirect, special or consequential shall be limited to any one of the following:
(i) In the case of goods:
(a) the replacement of goods or supply of equivalent goods;
(b) the repair of goods;
(c) after agreement with the Company the payment of the cost of replacing or repairing the installation or having it replaced or repaired.
(ii) In the case of service:
- the supply of the services again; or,
- after agreement with the Company, payment of the cost of having the service supplied again.
The warranty period is twelve months for goods and services.
Refer to Quins Sports and Nets Limited Warranty Statement for full details
- Any taxes or government charges (including but not limited to sales tax) imposed upon the Company relating to the supply of goods or services pursuant to an accepted order shall be an additional charge to the Purchaser.
- Any unfixed or unused goods or materials which may be remaining when the job is completed will remain the property of the Company and shall be removed from the site by the Company and there will be no credit given for any such unfixed or unused goods.
- The Purchaser acknowledges that monies may be payable to the Local Council and/or the Building Services Corporation in respect of the work and undertakes to pay any such monies, failing which the Company may pay such monies and recover same on demand from the Purchaser.