ILLAWARRA OUTDOOR SUPPLIES CENTRE

STANDARD TERMS AND CONDITIONS OF QUOTATION AND CONTRACT OF SALE

In this document ILLAWARRA OUTDOOR SUPPLIES CENTRE will be referred to as ‘The Company’ and the legal entity to whom the quotation and/or invoice is addressed will be referred to as ‘The Customer’.

All goods and services purchased from The Company are sold subject to the following terms and conditions of sale and shall prevail notwithstanding any other documentation, terms and conditions and/or anything else except a written agreement signed by The Customer and The Company, except only for such terms as are implied by or under any law and which cannot be excluded.

Contract and Acceptance

1. Every quotation is an estimate and is subject to withdrawal, correction, amendment or alteration at any time prior to The Company’s acceptance of The Customer’s order.
2. Any variation made by The Customer to the goods or services or variations to the site or other conditions or events that occur before or during the performance of works will incur extra costs.
3. The Company will only recognise The Illawarra Outdoor Supplies Centre written Quotation as the only documentation for the supply of goods and/or services. No verbal quotations or instructions will be accepted.
4. All orders for goods and/or services are supplied strictly on The Company’s terms and conditions to the total exclusion of anything to the contrary contained in The Customer’s order form or other documents.
5. Any instructions from The Customer to The Company for the supply of goods and/or services and the  acceptance of them will constitute the acceptance of The Company’s terms and conditions contained herein.

Price and Payment

1. The Customer shall be liable for the total cost of the contract irrespective of any arrangements made between them and any other parties regarding contributions.
2. The Customer shall not withhold any monies owing to The Company as retentions or default, alleged default or any other reason.
3. Terms of payment require the payment of :

 a) Deposit, as shown on the quotation, on the placement of the order by The Customer.

 b) Progress Payment on the delivery of goods to site.

 c) Final Payment including any extras on the completion of works.

4. The Company shall be entitled to render to The Customer progress claims based on a pro rata value of works completed for projects which extend more than 7 days. Payment of such claims are to be paid by The Customer within seven (7) days from The Companies invoice.
5. The Company reserves the right to cease work until any outstanding claims have been paid in full.
6. If payment by credit card is accepted by the The Company The Customer agrees to pay the credit card commission as an extra.
7. Interest on over due invoices will be charged at 3% above Commonwealth Bank Business Overdraft Indicator Lending Rate. A monthly Account maintenance fee will also be added to any outstanding debt.

Default

       1.  The Company can demand immediate payment of any or all amounts owed even if they are not currently due for payment if The Customer becomes insolvent, proposes or enters into an arrangement with creditors, or makes an assignment for the benefit if its creditors or a receiver, manager, liquidator or similar person appointed in respect of The Customer or any of The Customer’s assets.

2.   The Customer will be responsible for any debt collection costs.

3.   If The Customer defaults in any payment, or if in the opinion of The Company, The Customer is unlikely to meet its liability as it falls due then The Company may at its option terminate any contract in relation to goods and/or services which have not yet been delivered and repossess any goods delivered to The Customer.

Preservation of Title

1. Property in any goods supplied by The Company shall remain the sole and absolute property of The Company as legal and equitable owner until the full purchase price for all goods and/or services supplied is received by The Company from The Customer.
2. Risk in the goods shall pass to The Customer on delivery to The Customer or its agent.
3. The Customer acknowledges that until payment in full to The Company for all goods and/or services supplied to The Customer by The Company, The Customer shall hold the goods a bailee for The Company and that The Customer has a fiduciary duty to The Company.
4. The Customer irrevocably authorises The Company to repossess any goods supplied by The Company to The Customer, without any notice if the Customer, as per detail in clause 1 Default.
5. Any moneys received by The Customer in payment or in full for the goods and /or services supplied by The Company to The Customer shall be held by The Customer in trust for the benefit of The Company and payable to The Company until The Customer has paid for all the goods and/or services supplied to The Customer by The Company.
6. The Customer will prior to attaching any goods onto any building notify the owner of the building that such goods are subject to this reservation of the title clause, except only as provided by law.
7. The Customer releases and indemnifies The Company and its servants from all claims for loss or damage caused by The Company or its servants or agents in enforcing or attempting to enforce its rights under clause 4.
8. Excess materials remain the property of The Company and will be removed from the site at the completion of work.

   Delivery

1. Advice of delivery will be notified by The Company or its agents, to The Customer. This advice is ‘best estimate’ and may be subject variation due to factors beyond the control of The Company.
2. The Company if requested to enter a property accepts no responsibility for any damage caused by The Company or its agents. The Customer shall indemnify The Company and hold The Company and its agent harmless against any charges or costs of whatsoever nature incurred as a result of or arising out of The Company or its agent’s vehicle entering the property.

   Defects

1. Except as required under any law, all implied warranties and conditions are excluded. The Customer’s sole and exclusive remedy for any damage whether direct, indirect special or circumstancial shall be limited to any one of the following:

1. The replacement of the goods or the supply of equivalent goods.
2. The repair of the goods.
3. After agreement with The Company the payment of costs of replacing or repairing.
4. The resupply of the service.

2. The Company’s maximum liability shall not exceed the price received from The Customer for the goods and/or services.
3. Defects for Supply Only must be notified by The Customer to The Company within 24 hours of The Customer or its agent receiving delivery.
4. Defects for Supply and Install must be notified by The Customer to The Company with in 5 days of completion.

Fencing and Gates

1. The Customer shall supply water and power at all times during the installation. If these are not supplied The Customer shall be liable for any costs incurred by The Company.
2. The Customer is responsible for the clearing of the site of all obstruction, rubbish, existing fencing and gates, reticulation, vegetation and other hindrances unless included in The Companies written Quotation.
3. Prior to the commencement of work, The Customer shall;

1. Locate and identify all underground obstructions including but not limited to, telephone lines, power lines, gas, water and storm water lines.
2. Ensure that all boundary and survey pegs are in the correct position and approve the set out by The Company’s agent prior to the commencement of work. The Customer shall fully indemnify from all actions and penalties as a result of failing to do so.
3. Shall secure all pets and animals and for the protection of all plants, ornaments, ponds, fixtures and other infrastructure. Whilst The Company will exercise “all care”, no responsibility will be accepted for any losses or claims by third parties.
4. Obtain at their own expense all permits required by the Council and other authorities and shall fully indemnify The Company from all actions and penalties as a result for failing to do so.
5. Obtain access rights from the adjoining neighbours where a common boundary will be involved.

4. As the majority of fences and gates are constructed from standard components that yield the closest fence height, all fence heights are nominal.
5. Land undulations may create the need for gaps under the fence or gate, The Company will make every endeavour to keep these to a minimum but does not warrant that these will be eliminated.
6. The Company will ensure that all pool fences and gates are installed in compliance to Australian Standards for Poll Fencing. It is The Customer’s responsibility to ensure that the Pool Safety Fence and Gates are maintained in accordance with this standard and the local council requirements.

MASONRY PRODUCTS

Masonry Products are subject to additional Terms and Conditions

Payment

1. All orders are to be paid for, when placed with The Company
2. Orders will not be accepted until the payment has been cleared by the Bank or institution.
3. Payment by EFPOS, EFT, VISA, Mastercard or cash.

    General

1. The Company will not accept any responsibility for incorrect orders placed by The Customer.
2. The Company will not accept any return of product and will not issue any credit notes to The Customer in the event that The Customer places an incorrect order, including but not limited to:
3. Where The Customer orders too much product and does not require the surplus.
4. Where The Customer orders the incorrect colour of the product required.

3. The Company will not recognise any claims made after five (5) days of delivery of the order.
4. The company will not recognise any claims by The Customer in relation to faulty product after the installation of the product.
5. All orders will be delivered to the council kerbside.
6. Deliveries beyond the council kerbside will require an extra charge and The Customer will be required to sign an Acknowledgement and Indemnity Form, obtained from the driver.
7. The Company does not accept any responsibility for the Product delivered after delivery, including but not limited to Product left on unattended sites.
8. The Customer acknowledges that they are aware that there may be a variation in the colour and the texture of the product between the brochures, displays, batches or samples and the raw Product.
9. All pallets left on site and not made available for return within thirty (30) days will be charged at $30.00 per pallet.