Document Interpretation
Previous Offers
Cost Adjustment
Acceptance Of Offer
Payment Conditions
Product Variations
Delivery Schedules,
Acceptance & Delivery
Where Goods Are Supplied Ex Works.
Where Goods Are Supplied F.O.G. Site.
Where Goods Are Supplied F.O.T Site.
Movement On Site
Return Of Goods
Suspension Or Termination
Formal Agreement
Financial Guarantees
Document Interpretation
In these conditions, the terms “S.V.C”,
“we” and “our” refer to S.V.C PRODUCTS PTY. LTD.,
the word “Client” refers to the person, company or organisation
accepting this offer. “Conditions of Sale” refers to these
CONDITIONS OF QUOTATION, SALE AND TENDER. The terms “F.O.T”
and “F.O.G” mean free on truck and free on ground respectively.
For the purposes of these conditions, the word “free” means
that there is no additional charge for these loading and unloading services
except as herein provided.
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Previous Offers
This offer supersedes all previous negotiations, offers, correspondence,
or discussions received or sent.
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Cost Adjustment The prices quoted are based upon the current costs of labour employed
under the Cement and Concrete Products Award, raw materials and statutory
obligations and are subject to cost adjustment. Our prices do not include
any provisions for site or other allowances or overaward payments, other
than any that are being paid to our employees at the time of quotation,
or any work outside our normal working hours.
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Acceptance Of Offer
This offer will lapse if not accepted within 45 days.
Commencement of work by us at the client’s request will constitute
a full acceptance of our offer including these conditions.
Where the Client wishes to place a partial order, we reserve the right
to adjust the unit prices for those items accordingly. If accepted by
S.V.C, such partial orders will be treated as a variation and will be
subject to these Conditions of Sale.
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Payment Conditions Property in goods does not pass until payment is made. We may
recover any goods not paid for within 45 days of delivery and charge our
costs of doing so as a variation.
Credit terms are only available to clients who have previously established
a credit account which remains current.
All credit accounts are to be paid on a “NETT 30 DAYS” basis.
This means that payment is to be received within 30 days of the end of
the month during which the goods or services were supplied.
Other clients may be required to lodge payment with their acceptance of
this offer.
All payments are to be free of deductions for retention, liquidated damages,
counter claims or any other offset amounts but shall include cost adjustments
where appropriate.
Where work has been performed to an agreed schedule but is not able to
be delivered, interim invoices will be forwarded to the client for work
performed. These invoices will be valued at 90% of the work done and are
to be paid on a “NETT 30 DAYS” basis. The balance of the value
of the work will be invoiced during the month of delivery.
In the event that the processing of a payment by cheque or otherwise attracts
additional bank charges, collection fees or other expenses, the Client
is to reimburse S.V.C for those additional expenses.
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Product Variations
The prices quoted are based upon the drawings, specifications, bills of
quantities or nominated quantities detailed in our offer.
In the event that the client requires variations to be made to any of
the same after the date of quotation, the quoted prices are to be adjusted
accordingly.
All dimensions are to be provided by the client. No allowance has been
made to take site measurements.
If shop drawings are required by the Client, the Client will provide all
dimensions, drawings and other information necessary for their preparation.
We reserve the right to submit shop drawings for approval by the Client.
The Client shall check the details and dimensions shown on any shop drawings
submitted for approval and return same signed as approved and correct
for manufacture or amended as required for resubmission.
All moulds and their designs remain our property.
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Delivery Schedules,
Delivery times quoted in our offer are subject to review at the time of
acceptance. Where possible, manufacturing and delivery schedules will
be prepared to meet the Clients requirements but adequate notice must
be given to permit the preparation and approval of shop drawings and the
subsequent manufacture of moulds, the procurement of materials, fittings
and equipment and any other preparatory work.
Any costs arising from alterations or interruptions to the agreed sequence
and programme of manufacture or delivery caused by the Client are to be
paid for by the Client as a variation.
We reserve the right to charge for any delays, due to circumstances beyond
our control, which involve us in storage of finished product, double handling
or other expenses. Storage will be charged at the rate of $2.00 per tonne
per week.
Whilst every endeavour will be made to adhere to agreed delivery schedules,
we will not be responsible for delays occasioned by acts of war, fire,
tempest, flood, scarcity of raw materials, strikes, blackouts, failure
of the client to supply details or dimensions or approved working drawings
or any other circumstances beyond our control.
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Acceptance & Delivery
Acceptance for manufacture will be deemed on acceptance of order or, if
shop drawings or samples are required, on acceptance of shop drawing or
sample.
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Where Goods Are Supplied Ex Works.The goods will be deemed to have been accepted when they have been
placed upon the clients acceptable vehicle and any lifting devices have
been detached.
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Where Goods Are Supplied F.O.G. Site.
The goods will be deemed to have been accepted
when they have been placed on the ground and any lifting devices have
been detached. When requested to do so by our driver, the Client is to
provide a licensed crane chaser or chasers as necessary for the safe unloading
of the vehicle.
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Where Goods Are Supplied F.O.T Site.
Goods will be delivered to the job site at the kerb alignment and
the costs of unloading are to be borne by the Client. The goods will be
deemed to have been accepted by the Client on the attachment of a lifting
device.
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Movement On Site
The delivery vehicle will only enter the site
to facilitate unloading at the Client’s sole risk and responsibility
and at the absolute discretion of the driver.
The provision of clear access and firm standing are absolute prerequisites
to site entry.
In the event that the Client or his Agent are not in attendance at the
site when the goods are delivered, S.V.C reserves the right to unload
the goods and will not be responsible for any sub-sequent claims of any
nature.
Our offer allows for delivery vehicles to be on site for up to one hour
per full load. Additional on site time will be charged at the rates detailed
in the quotation or the rate current at the time of delivery.
These products are offered on the basis they will be correctly installed
by competent persons using appropriate materials
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Return Of Goods
No returns will be accepted without the prior written authorisation of
S.V.C.
Standard stock products will only be accepted if the goods are in first
class condition in S.V.C’s sole judgement.
Custom cast products or standard stock items which have been modified
to suit a Clients purpose or products which have been purchased specifically
to complete a Clients order are not returnable.
Clients will be required to pay a handling fee to cover the expense of
servicing any goods accepted for return.
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Suspension Or Termination
We reserve the right to suspend or terminate the work in the event that:-
The Client fails to carry out or, in our opinion, becomes unable to comply
with any of the terms or conditions of this offer; or
The Client has an order made or resolution passed for its winding up,
is placed under official management, has an inspector appointed to investigate
its affairs, has a receiver and/or man-ager appointed, becomes unable
to pay its debts within the meaning of that expression in Section 589(4)
of the Corporations Law or any later provision of that or any succeeding
Law having the same effect or fails to pay or compound for a debt exceeding
$1000 to a creditor within 3 weeks of being served a demand by that creditor
or enters into any composition or arrangement with its creditors generally
or any class thereof; or
The client has a distress or execution levied upon or against or in relation
to any of the Client’s assets or undertakings or any encumbrancer
takes possession of the whole or any part of the Client’s assets
or undertakings.
Completion dates will be extended by the time lost during any suspension
period and all costs and expenses incurred as a result of any suspension
or termination shall be reimbursed by the Client.
The Client’s acceptance of this offer cannot be cancelled without
our consent . The Client undertakes to reimburse S.V.C for all work done
and all expenses incurred as a consequence of the placement and cancellation
of any order.
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Formal Agreement
Should either party require a formal contract, the format is to be agreed
between the parties and in the event that the parties agree to adopt a
specific contract format, the terms of the contract are to include the
provisions contained in these conditions.
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Financial Guarantees
We reserve the right to require that reasonable financial guarantees or
arrangements suitable to us are entered into by the Client for any or
all amounts due or liable to become due to us subsequent to the acceptance
of this offer.
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