PANELFAB SALES STANDARD CONDITIONS OF QUOTATION AND SALE OF GOODS, INSTALLATIONS AND MINOR REPAIRS
Accessories means goods that have not been manufactured by Panelfab Sales, but which are provided by Panelfab Sales for use by the Customer with the Goods.
PFQ means the sales Quotation prepared by Panelfab Sales for the Customer and which bears a quotation number.
Panelfab Sales means Aussie Hire Pty Ltd t/as Panelfab Sales (A.B.N. 84 009 794 290).
Building Specification means the inclusions list on page 2 of the PFQ.
Quoted Sum means the total price provided for in the PFQ plus any variations and any additional costs including QBCC insurance (where applicable), transport costs (if the building destination changes) that Panelfab Sales is entitled to pursuant to the quote.
Quote means these terms being Panelfab Sales Standard Conditions of Quotation and Sale Goods, Installations & Minor Repairs, the PFQ and all attachments thereto.
Customer means the party referred to in the PFQ.
Date of Commencement means the date of the receipt by Panelfab Sales from the Customer of all pages of the PFQ duly signed (including the floor plan, Terms & Conditions), Deposit Payment or Council Approval (whichever is the latter) or as advised by Panelfab Sales from time to time.
Date of Delivery means the designated number of weeks (as determined by our production schedule) from the date of the receipt by Panelfab Sales from the Customer of all pages of the PFQ duly signed (including the floor plan, Terms & Conditions), Deposit Payment or Council Approval (whichever is the latter) or as advised by Panelfab Sales from time to time.
Date of Practical Completion means the date of the completion of the Sale Goods or site works if applicable by Panelfab Sales as determined by Panelfab Sales at its discretion.
Goods mean goods manufactured and supplied by Panelfab Sales pursuant to the quote.
Non-Standard Goods means goods which in Panelfab Sales opinion are non- standard goods irrespective of whether the non-standard goods are manufactured by Panelfab Sales or not.
Sale Goods means any new or used goods as forms part of the Works which at all times shall be subject to this quote.
Site means the site or location provided for in the PFQ.
Used Goods means goods owned by Panelfab Sales which have been used and which may have been modified by Panelfab Sales for the purposes of the quote.
Works means the Works, the Goods and the Services for which the PFQ relates.
2. Lapse of Quotation
2.1 The PFQ shall lapse 30 days from the date of issue and may be withdrawn by Panelfab Sales at any time for any reason.
3. Placement of Order
3.1 These terms and conditionsshall prevail against any other conditions whatsoever notwithstanding any conflicting terms contained in the Customer’s purchase order.
3.2 Unless specifically stated in the PFQ, installation is not included in the price.
3.3 If the quotation and sale incorporate installation by Panelfab Sales, then the provisions of clause 10. Site Conditions will apply but nototherwise.
3.4 Panelfab Sales is not responsible for obtaining Council approval nor dealing with Certifiers, obtaining a soil classification test and providing an underground services location report, these are the Customers responsibility. It is clearly understood and accepted that where Panelfab Sales knows that Council approval is required, Panelfab Sales will not accept an order for the building until such time that Panelfab Sales has received proof of Council approval.
3.5 If changes are made to the drawings after they have been received from the Draftsman, there will be a $100.00 plus GST fee to have the drawings altered.
4. Completion and Program
4.1 It is expressly agreed and acknowledged that any advice given by Panelfab Sales whether verbal or in writing as to the completion and/or programming of the Works shall be a statement made in good faith based on Panelfab Sales known manufacturing and/or project commitments at the time of the advice.
4.2 Panelfab Sales reserves the right to revise any commencement and/or any completion date for any activity whatsoever after undertaking a review of Panelfab Sales manufacturing and/or project commitments prevailing at the date of the Customer’s acceptance of the PFQ.
4.3 Panelfab Sales will advise the Customer of the program for the commencement and the completion of the Works. The Works will be deemed to have reached Practical Completion if in the reasonable opinion of Panelfab Sales they are either complete ready for shipment, or in the case of manufacture and installation, fit for occupation and for use. If the Works are delayed for any reason beyond the control of Panelfab Sales, then the completion date will be deemed extended for the period of delay.
4.4 If Panelfab Sales is delayed in achieving Practical Completion of the Works for any reason other than its own act or omission, then Panelfab Sales will be entitled to be paid all reasonable costs of delay including overhead recovery.
4.5 If the Customer directs Panelfab Sales to change its program for the performance of the Works, then Panelfab Sales will comply with any such reasonable direction. Panelfab Sales shall advise the Customer of the cost and time implications of the Customers direction. The Customer shall pay all Panelfab Sales reasonable costs including overhead recovery incurred in following such Customers direction.
5. Payment and GST
5.1 The Customer will pay the quoted Sum provided for in the PFQ plus any adjustments and all applicable GST and any imposed statutory or other charges whatsoever. Panelfab Sales does not accept payment in the form of cheques. All payments are to be by EFT or direct deposit in the Panelfab Sales account. Payment will not be deemed to have been received until all funds have cleared.
5.2 The Customer will pay the deposit at the rate provided for in the PFQ on placement of the order plus any necessary prescribed disbursements. Once the deposit has been received, should the customer elect to have the building financed and requests a refund of the deposit, then Panelfab Sales will charge an administration fee of $250.00 plus GST which will be deducted from the refund. In this instance, you will lose your place in the production schedule unless we receive the deposit from the Financial Institution within 48 hours of your refund request. N.B. The deposit payment is to ensure your place in our Production Schedule and to cover any costs incurred by Panelfab in case of cancellation of the order. It is NOT for pre-order of materials for your building/s.
1.1 The Customer will pay the full and final amount of the quoted sum (including installation) prior to the building leaving our yard. If the building/s are to be financed, we will require, in writing from the Financial Institution (not a broker), that they accept our payment terms and conditions before we will accept your order.
1.2 If at any time the Customer chooses to cancel the build, Panelfab Sales reserves the right to retain part, or all of the monies paid to cover any expenses Panelfab Sales has incurred from the original date the quote was signed. In the event of a refund being granted, Panelfab Sales will charge an administration fee of $250.00 per building plus GST which will be deducted from the refund.
1.3 Where the Customer is responsible for its own installation of the Goods then the Customershall have access to inspect the Goods prior to dispatch and shall pay the balance of the quoted Sum before the Goods are dispatched.
1.4 All payments required to be made by the Customer to Panelfab Sales under the Build will be made free of any set off or counterclaim and without deduction or withholding whatsoever.
1.5 If delivery is delayed at the request of the Customer and such delay is for more than 14 days, then payment of the balance of the Quoted Sum shall become immediately due and payable to Panelfab Sales. The Goods shall at all times be at the sole risk of the Customer. Storage fees will be charged at the rate of $150.00 per week or part thereof per module/building (exclusive of GST) and will be payable prior to the building leaving our yard.
1.6 If installation is to be completed by Panelfab Sales, then the balance of the cost of the Works & the cost of installation will be paid by the Customer prior to dispatch from Panelfab Sales yard.
2.1 If the date of commencement of manufacturing is more than 6 weeks after the PFQ or signed confirmation of order, Panelfab Sales may apply escalation to the quoted Sum. The escalation formula will be based on the rise and fall of input costs and will be determined by Panelfab Sales unless otherwise agreed between the parties.
3.1 If the quote is for the supply of the Goods only, then the Customer at its own cost and expenses will be responsible for arranging its own insurance ex Panelfab Sales manufacturing works.
3.2 If delivery is arranged by Panelfab Sales at the Customer’s cost, then Panelfab Sales will maintain an insurance policy to cover the Goods in transit and Panelfab Sales liability to insure will cease immediately upon delivery of the Goods. The Customer will only require Panelfab Salesto make good loss or damage to the amount obtained by Panelfab Sales from the insurer and Panelfab Sales shall not be liable to the Customer whatsoever for any other damages or consequential loss whatsoever.
3.3 Unless otherwise stated, the Customer shall be charged for all transport costs as per the PFQ.
3.4 Panelfab Sales shall Maintain Public Liability insurance cover with respect to the Works up to practical completion if it is carrying out installation of the Works.
3.5 The Customer shall, to the extent of their negligence, indemnify Panelfab Sales, its agents, employees, successors and its permitted assigns and will keep them indemnified and forever held harmless against all loss, damages, claims and awards of any kind which may be imposed uponor awarded against either Panelfab Sales, its agents, employees, successors and/or its permitted assigns arising either directly or indirectly out of the Works and/or the Used Goods
4. Delivery and Packaging
4.1 Unless otherwise provided for in the PFQ the Customer shall pay all transport costs whatsoever.
4.2 For supply and deliver quotes where no installation is involved, delivery will be deemed complete if the Goods are delivered to the Site referred to in the PFQ irrespective of whether or not the Customer is in attendance for receipt of the delivery of the Goods. All risk shall pass to the Customer on delivery of the Goods.
4.3 For complexes that are travelling over dirt roads, it is highly recommended that each module be fitted with transit walls to keep as much dust and weather out as possible. Where Panelfab is installing the building and the customer does not want transit walls fitted, Panelfab’s contractors will NOT be responsible for the cleaning of the building. A quote for the transit walls can be supplied upon request.
5. Testing and Inspections
5.1 The Customer shall bear the cost of all tests and inspections whatsoever.
6. Site Conditions & Installation requirements
6.1 The Customer, at its own cost, shall assume all responsibility for all site conditions above and below the surface, including all environmental matters as may be applicable to the site. The Customer also warrants that it has sought and obtained all necessary approvals and shall be deemed to have made all necessary due inspections, including but not limited to obtaining a soil test and an underground services map, made all inquiries of all matters pertaining to the Site and warrants that the Works are capable of being performed on the Site.
6.2 The Customer will always, ensure that Panelfab Sales have sufficient access to the Site to do all things required to be done under the quote. The Customer will provide adequate site facilities, including adequate vehicular off loading, adequate secure storage for Panelfab Sales equipment (where needed) and adequate facilities so that Panelfab Sales can perform the works safely.
6.3 Quoted Installation Includes: -On Stumps – Crane hire, bobcat hire, concrete, stumps, labour, and transport to install. N.B. Transport will be listed separately when over long distances. If we hit rock/debris whilst drilling for stumps, an hourly rate charge will apply. On Blocks – Crane hire, blocks, labour, and transport to install. N.B Transport will be listed separately when over long distances. Quoted Installations DO NOT include: – Connection of water, electricity, sewerage, and the manifolding of plumbing. This is the responsibility of the customer to arrange. N.B. A “Kit Form Hot Water System” is to be installed and connected onsite by the customers plumber and electrician. Panelfab’s contractors do not do this. When entering a customer’s site, any damage incurred or time lost due to either vehicles or cranes becoming bogged and/or subsequent damage incurred to the ground, or unmarked underground services is the client’s responsibility. Should Panelfab arrange labour, trucks, cranes etc on the direction of the client and arrive on site to discover that the site conditions prove to be unsafe by way of inclement weather, ground conditions, site access etc and the job is unable to proceed at that stage all involved costs will be borne by the client. These costs will need to be paid in full prior to Panelfab returning to site to complete the installation. It is the client’s responsibility to supply clear, safe access to site free from all obstacles including but not limited to, ensuring that gate sizes are sufficient to allow access, that no fences impede access, trees, overhead or underground services, unsafe ground conditions. The Customer agrees to give Panelfab Sales at least 24 hours’ notice if the installation cannot proceed for any reason.
7.1 Panelfab Sales may subcontract any part of its obligations in relation to this build.
8.1 If the Customer instructs Panelfab Sales in writing or Panelfab Sales considers any instruction from the Customer verbal or written to be an instruction to perform a variation, then Panelfab Sales will perform the variation but only after the Customer has agreed to the price in writing within 7 days of receipt by Panelfab Sales of the instruction. The agreed price of the variation will be added to or deducted from the quoted Sum. Reasonable extensions of time or reductions of time to the quote shall be granted to Panelfab Sales for variations to the works.
8.2 Where a Customer goes through Council for a residential building, QBCC insurance will be added to the final invoice before it is sent to the Customer for payment.
9. Retention of Title
9.1 Notwithstanding that risk in part of the Works may pass to the Customer, property in and title to any part of the Works and the Goods comprised in the Works will not pass to the Customer until all of the quoted Sum and all other money payable by the Customer to Panelfab Sales has been paid in full and until such time the Customer will hold the Goods as a bailee of Panelfab Sales and a fiduciary relationship will exist between Panelfab Sales and the Customer.Liquidated Damages
9.2 Notwithstanding that Panelfab Sales may fail to deliver the Sale Goods to any delivery point, have available for collection or, carry out any Site Works or perform and other obligation under this quote by a specific date, Panelfab Salesis not liable to the Customer for any damages, whether liquidated or unliquidated.
10. Indemnity and Release
10.1 The Customer shall use the Sale Goods at the risk of the Customer and releases, indemnifies, and forever holds harmless Panelfab Sales from all actions, claims and liabilities in respect of damage to property or death of or injury to any person resulting directly or indirectly from the Sale Goods or their use or the services provided by Panelfab Sales to theCustomer.
11. Liability of Panelfab Sales
11.1 Panelfab Sales will not be liable to the Customer, or any third party, for any loss or damage (including but not limited to consequential loss) howsoever caused by the Sale Goods, the provision of the Site Works or the Customer use of the Sale Goods.
11.2 Panelfab Sales liability under orin connection with this quote islimited to, at Panelfab Sales discretion, the resupply of the Goods or Works (as the case may be) or payment of an amount equal to theGoods.
11.3 Subject to clause 22.2 there shall be no implied warranties applicable to this quote.
11.4 Panelfab Sales will not be liable for any losses or damages suffered by the Customer as either a direct or indirect consequence of any regulatory non-compliance whatsoever resulting from any act or omission on the part of the Customer. The Customer warrants that it has made its own independent inquiries from appropriate professionals on all statutory and regulatory compliance issues as relates to the quote
11.5 It is expressly agreed that the Customer will not pursue any claim against Panelfab Sales and will not hold Panelfab Sales liable for any losses or damages suffered by the Customer as either a direct or indirect consequence of any change to any statutory requirement or regulatory compliance issue whatsoever that occurs after the commencement of thequote.
11.6 Panelfab Sales will have all rights and remedies set out in this quote in addition to those otherwise available at law. All such rights and remedies are cumulative. The Customer must pay all costs and expenses paid or incurred by Panelfab Sales in enforcing its rights under or in connection with this quote, the supply of the Sale Goods and the provision of Site Works(if applicable) including, without limitation, legal fees and court costs.
12. Default by Customer
12.1 If the Customer defaults in any provision of the quote or commits any act of insolvency or enters into a composition with its creditors, or goes into administration, receivership or liquidation, then Panelfab Sales shall be entitled to reclaim any of the Goods as remains the property of Panelfab Sales.
Panelfab Sales may also suspend or cancel the Works or make a demand upon the Customer for security and any legal or other costs incurred by Panelfab Sales shall be recoverable by Panelfab Sales as against the Customer on a full indemnity and solicitor client basis.
12.2 The Customer indemnifies and releases Panelfab Sales against all claims whatsoever arising out of the quote as a result of or in connection with Panelfab Sales retaining possession of the Goods.
13. No Assignment, Sale or Transfer
13.1 The Customer must not, without the consent in writing of Panelfab Sales, assign its rights under the quote or subcontract any part of the performance of the quote.
14.1 Any claim made on warranty must be made in accordance with the manufacturer’s requirementsfor making claims or within 12 months (or such period as provided for in the PFQ) after completion of the Works. Notification of any claim must be made in writing within 14 days of the defect becoming known to the Customer.
14.2 This warranty shall not apply where the damage complained of was caused by an Act of God or any act, or omission, negligence or contributory negligence of the Customer, its servants or agents or another. Or where a customer modifies the building in any way.
14.3 N.B. fixing items to the roof of the building e.g. Solar Panels, voids the roof warranty should it leak.
14.4 In the case of Accessories Panelfab Sales is not liable for any warranty and offers no warranty with respect to Accessories other than that provided by the manufacturer and mandated by law but will pass on the manufacturer’s warranty. Panelfab Sales does not offer any extension on the manufacturer’s warranty whatsoever for Accessories.
14.5 The sale of Used Goods including any fixtures and fittings by Panelfab Sales to the Customer shall be on an as is where is basis without Panelfab Sales being liable to give any warranty whatsoever. The Customer acknowledges that the Used Goods may not comply with any existing Australian or other Standard, or any relevant building code, regulation or legislative requirement including by laws. The Customer acknowledges to having inspected and satisfied itself with regard to the condition of the Used Goods prior to transport and indemnifies Panelfab of any responsibility thereafter.
15. Warranty Design Fitness for Purpose
15.1 Panelfab Sales offers no warranty whatsoever that the Sale Goods are fit for the intended purpose of the Customer.
15.2 No provision of the quote shall be read as modifying any rights or liabilities implied by the Competition and Consumer Act 2010 or any equivalent State legislation which cannot be excluded or modified.
15.3 Panelfab Sales will not be required to define or prescribe the fitness for purpose criteria with respect to the Works, this will be the responsibility of the Customer at all times.
15.4 In the case of Non-Standard Goods, the Customer assumes all responsibility whatsoever for the fitnessfor purpose of the Non-Standard Goods and does not seek from Panelfab Sales nor does Panelfab Sales offer any warranty whatsoever as to the fitness for purpose for Non-Standard Goods.
16. Design for Non-Standard Goods
16.1 If the Customer requires Non-Standard Goods, then the Customer must provide Panelfab Sales with all information required by Panelfab Sales to manufacture the Non-Standard Goods and Panelfab Sales shall not under any circumstances whatsoever be deemed to have sufficient knowledge of the intended use or purpose of any of the Non-Standard Goods.
16.2 If The Customer provides design information including working drawings, briefs and any other design documentation that may be necessary for Panelfab Sales to construct the Non-Standard Goods then the Customer is deemed and will be accepted as having warranted the accuracy and completeness of any documents provided by either the Customer or the Customer’s agents to Panelfab Sales as relates to the Non-Standard Goods.
16.3 The Customer warrants that all the works described in any of the design documents that the Customer has supplied comply in all respects with the provisions of the Building Code of Australia & all applicable codes, Standards, rules, regulations and laws.
16.4 The Customershall be responsible for prescribing the fitnessfor purpose with respect to the design for Non-StandardGoods.
17. Buyback Option and Sale of Used Buildings
17.1 If the Customer decides to resell or trade-in any Panel manufactured building, then Panelfab Sales would appreciate being given first right of refusal.
18. Confidential Information, Specifications and Drawings
18.1 Any documents whatsoever disclosed by Panelfab Sales to the Customer, and which are marked or are to be treated as confidential by the Customer will not be disclosed by the Customer to any third party without Panelfab Sales written consent.
18.2 Panelfab Salesretains all copyright and intellectual property rights whatsoever in all materials it uses or provides to the Customer relating to the performance of the Works.
18.3 If the Customer provides Panelfab Sales with any drawings or other material or documents, then the Customer warrants that it is entitled to use those documents and indemnifies and holds harmless Panelfab Sales from any claims that may be brought against Panelfab Sales in relation thereto.
19. Industrial Relations
19.1 The Customer shall bear the costs of all industrial relations matters applicable to the quote outside of Panelfab Sales reasonable control. Panelfab Sales shall be reimbursed by the Customer for all reasonable costs incurred by Panelfab Sales as a consequence of any changes to any award or applicable site conditions after the date of this quote.
20.1 This quote between Panelfab Sales and the Customer shall be subject to the laws of the State of Queensland and the Customer agrees to submit to the non-exclusive jurisdiction of the Courts of Queensland and the Federal Court of Australia.
21.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of the power or right. A waiver is not effective unless in writing.
22.1 If the dispute is not resolved by negotiation within 28 days of receipt of an invitation to negotiate, the parties will attempt to resolve in good faith through an Alternative Disputes Resolution procedure (ADR). if this is unsuccessful then either party can refer the matter to arbitration.