SPANLIFT BUILDINGS PTY LTD STANDARD TERMS AND CONDITIONS
All agreements and contracts made by SPANLIFT Buildings Pty Limited or any related entities (‘the Vendor’) are subject to the following terms and conditions unless otherwise agreed in writing:
1. Acceptance of Quotation
Acceptance of the relevant quotation shall occur only when the Vendor receives a signed copy of the quotation together with initial payment.
2. Scope of works
The scope of works is for the supply only of the buildings and pricing is ex works, unless otherwise stated in the quotation. Where Spanlift is providing erection of the building the scope does not include the fitting of equipment, fans, electrical work or earthworks (unless otherwise quoted). Spanlift is not responsible for the coordination of other trades and scopes of works
3. Sale Price
The sale price is set out in the relevant quotation. Quotation Number: 21042014 If there is no corresponding quotation number then the sale price is the Vendor’s selling price as at the time of delivery.
Spanlift Buildings pricing is based on free access to site, unhindered by other trades.
4. Payment Terms
The initial payment is payable upon acceptance of the quotation. The progress payment(s) must be paid at least 48 hours prior to the scheduled delivery of the Product. The final payment must be paid at least 48 hours prior to the scheduled completion of the project. Time shall be of the essence of all payments by the Client. Should payment not be received as set out above, the Vendor reserves the right to claim interest on the outstanding sums at the rate of 2 percentage points (2%) higher than the rate specified in s 2 of the Penalty Interest Rates Act, 1983, which will be calculated daily.
5. Terms of Sale
The Vendor shall not be bound by any warrant, condition, term or representation, which is not specified herein, and the client shall not rely upon any representation, condition, term, information or warranty given by the Vendor or its servants or agents. The Client acknowledges that for all purposes the Client has relied entirely upon his/her/its own knowledge, skill and judgement in ordering and accepting these products.
6. Description of Products
No warranty, condition, term or representation is given or implied by the Vendor as to the quality, purpose, colour or fitness for purpose. The Client acknowledges that for all purposes the client has relied entirely upon his/her/its own knowledge, skill and judgement in ordering the particular Products(s). All quoted lengths and widths are measured as described in the quotation, any specific critical dimensions should be clarified up front with the vendor. Bay spacing sizes are measured from centre of column to centre of column. The client is responsible for ensuring the Product satisfies any specific clearance requirements. Where a mezzanine is requested by the Client, the quotation only includes the cost of flooring and balustrades. It is the client’s responsibility to confirm the Combined Dead Load and Live Load with Spanlift Buildings Staff.
The Vendor shall not be liable for any claim, loss, damage, injury or expense of any nature which arises on or after the expiration of seven (7) days from the date of delivery or once the products have been altered, varied, used or otherwise changed, subject to 7 below.
The Vendor warrants that the Product(s) are free from any manufacturing defects. The Vendor guarantees to rectify any manufacturing defect in the Product(s) if it is identified by the Purchaser and notified to the Vendor in writing within 12 months of commencement of erection. The Vendor also provides all warranties implied into this Agreement by any statute or regulation.
The Client hereby agrees to forever release, indemnify and hold the Vendor harmless for and against all liabilities, claims, damages, losses, suits, verdicts, judgements, costs and expenses whatsoever which may accrue against or be suffered by the Vendor in respect of this agreement including, but not limited to, the death of or injury to any person, or damage or destruction of any property or arising out of or in any way connected with the purchase, delivery or erection of the Product.
10. Ownership of Products
Right, title and interest in the Product(s) shall not pass to the Client until the sale monies are paid in full. The Vendor reserves the right to take possession of and/or dispose of the Product(s) any time prior to full payment being received. The Client grants permission to the Vendor to enter upon any land or premises where the Product(s) are in order to re-take possession. If the Client resells the Products prior to payment to the Vendor then the monies received by the Client shall be held on trust for the Vendor.
11. Location of Services
The Client will advise the Vendor of the position of all easements, drainage pipes, sewerage systems and all other relevant services prior to the delivery of the product. If the Client fails to inform the Vendor of these issues then the Vendor shall not be liable for any damage to such services or as a result of damage to such services.
The Client is responsible for providing adequate access for delivery vehicles, and concrete supply vehicles. Where the quotation includes erection, it is based on the site being level for a sufficient distance (approximately 3m) around the perimeter of the building, to allow safe access to scissor lifts and other elevated work platforms. The ground between the sheds is also required to be level enough for use of equipment to be used. If such access is not adequate or the site not level, any additional costs incurred will be borne by the Client.
The Vendor shall provide the Client with a delivery date as soon as practicable after the acceptance of the quotation. Should the Vendor not adhere to this delivery date due to matters or circumstances beyond the Vendor’s control, the Vendor shall not be liable for any loss or damage as a result of the delay.
14. Pad Preparation
Spanlift Buildings Pty Ltd recommends qualified earthworks personnel carry out all pad preparation work. The site must be prepared to the specifications as prescribed in Australian Standard AS3798-2007. Site preparation must encompass the building size area and also an extra 3m on all sides. The Client must also inform the Vendor of the location of all services on the site at least 48 hours prior to commencement of erection.
Should the Client cancel the order, the Vendor will charge a cancellation fee.
The Client agrees to provide access to and do all things reasonably requested by the Vendor to enable photographs to be taken of the Product(s) together with any other activities to promote the Product(s) and the Vendor.
17. Plans and Computations
The quotation price includes the cost of preparing all plans and computations relevant to the Product(s) only. It does not include, for example, plans and computations for internal fit out, electrical, fire control, plumbing and earthworks. The Client agrees and undertakes that it will do all things necessary to ensure that all statutory and government approvals have been secured prior to delivery of the Product(s). The Client will indemnify the Vendor in respect of any liability whatsoever that may arise because of a failure to secure such approvals. All drawings in the quotation are for illustrative purposes only and are not to scale. Please refer to the completed drawings, plans and computations.
18. Applications to Statutory Authorities
The Client agrees that for all relevant purposes it will be the owner/builder for the purposes of any building application and will be responsible for lodging all necessary documentation with the relevant statutory authority. The Client agrees to pay for any work performed by the Vendor in assisting with such applications and any fees that may be incurred by the Vendor in respect of the applications. The Client agrees to forever release indemnify and hold the Vendor harmless for and against all liabilities, claims, damages, losses, suits, verdicts, judgements, costs and expenses whatsoever that may arise out off any application to any relevant statutory authority.
The Client shall at all times effect and maintain at its sole cost and expense, the following insurances:
(i) Public Liability Insurance – public and products liability insurance not less than $20,000,000.00.
(ii) Workers Compensation Insurance – against any liabilities, losses, claims or proceedings whatsoever arising by reason of any statute to workers compensation or employer liability or at common law by any person employed by the Client.
(iii) Building Insurance – insurance to cover all liabilities and losses to the Product both prior to, during and after erection for an amount of not less than $5,000,000.00.
The Client will ensure that the Vendor is noted on all the insurance policies as an insured party.