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Michelle Huntley-Walker 7x10
Terms and Conditions of Quotation and Sale
1. PAYMENT council/town planning (relaxation) approvals are required by the
(a) The Owner shall pay a deposit at the time of placing this Order. Local Council.
(b) A Works Contract setting out progress payments is required to be (f) The owner is responsible for supplying a plan of the site with the
signed prior to Construction. position of the proposed structure and all service amenities,
(c) Construction will not commence until all progress payments as stated easements and boundary lines clearly indicated. The Owner is
have been made. responsible to ensure that all boundary lines or easements are clearly
(d) Payment for “kit only” purchase (i.e. without installation) must be marked at the site location. The Contractor and/or its subcontractors
made in full prior to manufacture. will not be held responsible for the incorrect location of the structure
(e) Account customers as per normal trading terms. if boundary lines have not been correctly marked or for damage to
2. DELIVERY any service which has not been shown on the site plan.
(a) The Owner will at his own expense provide or cause to be provided (g) The Owner warrants that he/she is entitled to build upon the site and
full and clear access to the delivery site. It is the driver’s discretion that if in the event that he/she shall not be the sole owner of the site,
as to whether or not to enter the delivery site. If the site is not he/she has complete absolute authority to act on behalf of all the
accessible and delivery needs to be rescheduled then the Owner will owner/s thereof. The Owner agrees to give the Contractor and/or its
be liable for any additional delivery costs. subcontractor’s full access to the site for the full period of the
(b) Unless the Owner has notified the Contractor, the materials will be contract.
delivered and unloaded in the location considered appropriate to (h) The Contractor and/or its subcontractors will ensure downpipes are
effectively fill the order. Any additional cost incurred by the carrier taken to the bottom of the wall sheeting/columns only. The Owner is
manhandling materials due to the Owners specific location responsible for discharge of roof water to Council requirements and
requirements or if any additional mechanic assistance is required to obtaining the Final Building Approval Certificate from the relevant
unload the materials (eg crane etc) shall be paid for by the Owner. Council.
(c) The Owner is responsible for checking that all materials have been (i) The Contractor and/or its subcontractors reserve the right to touch up
received and in good order, and the Owner will be deemed to have small scratches and dents.
accepted the materials unless a claim of short supply, faulty or (j) The Owner is responsible for removing all excess waste materials
incorrect materials is made in writing by the Owner within 7 days from the site.
from pick up or delivery. 5. GENERAL
(d) The Owner is responsible for any damage or loss of the materials (a) This Owner acknowledges that this structure has not been not
once delivered to site. designed for occupation or as a place of residence.
3. OWNERSHIP OF MATERIALS (b) It is the Owners responsibility to check with appropriate authorities
(a) Ownership of the materials does not pass to the Owner until all regarding the wind region, terrain category, topography and shielding
amounts due and owing are paid in full to the Contractor. factors for the specific site conditions. The structure quoted has been
(b) Unless payment for the materials is made to the Contractor by due designed to the wind category stated in the Quotation.
date, the Contractor or its agents or employees, may at any time enter (c) Dimensions stated on plans are nominal only. Minor variations in
onto the site where the materials are stored and remove the materials. measurements from those shown shall not give rise to any claim for
(c) The Owner must indemnify the Contractor in respect of any claims, damages or breach of Agreement
losses, costs or damages that the Contractor may incur as a result of (d) The Owner warrants that he has carried out his own inquiries and
the Contractor taking action under Clause 3(b). investigations as to adequacy or suitability of the structure for the
(d) Until the Owner has paid for the materials, the Owner must not use, purpose for which the Owner intends to use the structure and the
sell, lease, dispose, assign or encumber the materials (by mortgage, Owner has not relied on the Contractor or the Contractor’s
lien, charge or otherwise) without the consent of the Contractor and employees, agents or distributors in determining the adequacy or
the Owner must store the materials separately in a readily identifiable suitability of the structure for the Owner’s purposes.
state. (e) All dates given are estimates only. While every endeavour will be
4. ERECTION made, no guarantee will be given by the Contractor to deliver
(a) Unless otherwise noted, the Quotation has been prepared SITE materials or complete contract on the date/s nominated. No
UNSEEN from the information supplied by the Owner. responsibility will be accepted by the Contractor for any costs or
(b) It is the Owners responsibility to provide power and water to the site. consequential expenses to the owner arising in delays in respect to
If power to site is not available then the Owner authorises the supply and/or erection of goods sold.
Contractor to utilise a generator and the Owner agrees to a variation (f) All materials supplied will be of similar quality and quantity as those
to the Contract in relation to the additional cost incurred by the used in the Contractor’s display centres. However, the Contractor
Contractor. reserves the right to alter designs, plans and specifications at any time
(c) The Owner must provide a clear and accessible site for the structure, without notice.
clear of vegetation or obstructions and including a minimum of 1.5m (g) This quotation is subject to managements final discretion and it could
level clear space around the perimeter of the proposed structure for be amended to reflect any price rises or falls, errors or emissions..
ladders and or scaffolding. The cost of any site works are not 6. COOLING OFF PERIOD
included whatsoever, nor does it include the removal of building (a) The Owner may withdraw from the Contract with five (5) business
waste from site. These costs are the sole responsibility of the Owner. days after receiving a signed copy of the Contract. The Owner must
(d) The concrete slab price is based on a level site which is rock and give written notice to the Contractor.
vegetation free with access and therefore does NOT include fill, (b) The cancellation of, or any variance to this order must be made in
pump hire or any unforseen expenses which may arise. The slab price writing and accepted by the Contractor in order to be binding upon
is based on M soil conditions as per our standard engineering designs the parties hereto. As the materials for each structure are made as
and does not allow for unstable or reactive soil conditions. It is the required, any orders cancelled after ordering of materials will not be
Owners responsibility to provide any soil tests if required and pay refunded and/or any moneys outstanding will become immediately
any additional charges incurred in relation to the Slab. due and payable. If the Owner withdraws from the Contract under
(e) If standard Council/Certifier fees are included in the Quotation, the this Clause, the Contractor must return the deposit to the Owner less
Contractor will act on behalf of the Owner and apply for and pay for $100 and any out of pocket expenses incurred by the Contractor to
the fees for the building approval required in relation to the structure. the date the Contractor received the Owners notice. If the Owner has
The Owner will be responsible for any additional costs should the not paid the Deposit, the amount of $100 plus any out of pocket
Local Council require any changes to the building or if additional expenses incurred by the Contractor is deemed to be a debt payable
from the Owner to the Contractor.
I hereby confirm the details contained in Quotation No. …………………..………. dated ………….…….……………
and agree to the above Terms and Conditions of Quotation and Sale.
Owners Name ………………………….……….. Signature ………………….…………………………Date …..……..……
Owners Name ………………………….……… Signature ………………..…….…………………… Date ..….………….
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