TERMS AND CONDITIONS OF TRADING:
Regen Property Group (ABN 62 831 838 508), their servants, assigns, Agents referred to as “the Company” or “us” and the person or legal entity to whom the quotation is addressed will be referred to as “the Purchaser”.
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Quotations remain current for the period of 30 days and are given on the basis of E & OE and are an Invitation To Treat.
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The Quoted Price is based on a cleared site, Subject to change due to conditions foreseen and unforeseen. Unless noted on the quotation, any costs incurred by us will be added to the Purchasers account.
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Unless stated in the quotation, no allowance has been made for any remediation to any substrates, additional material or goods, above or below ground level including (but not limited to) rock or shale, concrete, tree roots, broken posts, tiles or any other item(s) which may be encountered during the performance of the contract and additional charges based on ruling hourly rates for labour plus any other required costs will be made to cover the costs incurred as a result of such occurrences/obstructions.
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Unless stated in the quotation, no allowance has been made for any down pipe and/or drainage system cleaning.
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Any Notices to be given or Permits required as a consequence of the works must be given by the Purchaser, within any necessary time frames, as required, prior to the Company commencing work.
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The Company will not become involved in the advocating on the behalf of the Owners of contiguous properties to the works.
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The Purchaser shall supervise the location of the works and shall, where installation is involved, advise the installer/Labourer of the locations of all electrical cables, gas or water pipes, sewage, telephone lines and other service facility which is or may be affected by the proposed works. The Company shall not be liable for the incorrect location of the works or damage to any of the above utilities and the Purchaser will indemnify the Company at all times against any claims or demands made by any person or authority in respect of such incorrect location or damage.
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Waste removal, including excess soil, material or goods is the responsibility of the Purchaser unless specifically included in the Quotation.
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The quotation is given on the basis of free access by the Company to the job site during normal working hours (which may include Weekends) and also access to undertake the works continuously without breaking the Company’s work schedule for the job, unless by prior agreement. Variations to this will incur additional charges. Detention time will be charged at our standard ruling rates if delays in unloading on site occur as a result of the Purchaser not being able to provide us access.
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If works are performed that require roof access or gutter works. Unless advised otherwise the Company shall take the structure as being sound in nature. The gutter, tiles and/or sheets as being sound in nature and not brittle or corroded but safe to carry out works. The Purchaser shall advise the company prior to acceptance if the roof is not sound in nature.
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Any variation, alteration or modification of the works or materials must be in writing and signed by the Purchaser or their authorised representative and the Company reserves the right to vary the price accordingly.
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Upon acceptance of the quotation, payment will be the responsibility of the person or legal entity to whom this quotation is directed. Such acceptance will be taken as an authority to proceed with all works including, if applicable, demolition and/or removal of existing fences, structures or items and the legal entity to whom the quotation is addressed is assumed to have obtained the agreement of all other property owners, occupants and Authorities from whom approval is required. Any delays incurred as a result of failure to obtain such approvals where required, will be chargeable to the Purchaser.
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The Company shall be entitled to render the Purchaser progress claims based on a pro-rata value of work completed on a weekly basis, such claims to be paid by the Purchaser upon submission.
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The Company’s normal payment terms are payment upon completion of the Works. Any dispute or concern regarding the works are to be delivered to the company in writing, not later than 7 days following completion of the Works, prior to any further action being undertaken.
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If weed control products are to be applied in or around the site. The purchaser is to take relevant control measures to restrict traffic as required directly through or around affected areas until safe to do so. A product material safety data sheet (MSDS) can be provided upon purchaser’s request.
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Should the Company incur legal and/or other expenses including internal costs and expenses to any Agency licensed under the Commercial & Private Agents Act (as Amended) or a legal practitioner in obtaining or attempting to obtain payment of all or part of any amount(s) due, the Purchaser is liable for the payment of those expenses on a Solicitor-Client basis. These are due and payable immediately when advised to the Purchaser.
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Interest on a daily basis at current Commonwealth Bank of Australia published overdraft rates plus 2% may be charged on any overdue amount on the account and further in consideration of any grant of credit, the Purchaser expressly undertakes to pay all such interest.
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Property in the goods supplied/used shall remain vested in The Company and shall not pass to the Purchaser until all monies owing by the Purchaser to the Company together with all collection and repossession and legal costs incurred, have been paid in full, plus any Government charges/taxes where applicable. Notwithstanding the foregoing the goods are at the entire risk of the Purchaser from the time of the delivery. In the event that the Purchaser defaults in the payment of any monies owing hereunder, the Company and its employees or agents shall have the right to enter without notice upon the Purchaser’s premises or any other premises where the goods are known to be to repossess the goods and for this purpose the Purchaser shall grant all reasonable access rights and The Company and its employees or agents shall be entitled to do all things required to protect it's position. This includes any installed materials.
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If the Purchaser trades with the Company on an ongoing basis then these Terms and Conditions of Sale together with any variations thereto will apply.
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Applicable Law is that of South Australia.
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These Terms & Conditions of Sale may only be varied if approved in writing by the Director or Proprietor of the Company and witnessed by the Company's nominated individual/ party and if The Company enters into a Client’s contract, then any clauses contained in these Terms & Conditions which are not over-ridden specifically by any of the Client’s Conditions will remain operative.
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If any provision or part of this Contract is void or unenforceable for any reason, then that provision or part will be severed from this Contract and the rest of this Contract will be read as far as possible as if the severed part or provision had never existed.