Terms and Conditions
1. Definitions
As used herein:
The Company means Buildfix Property Maintenence Pty Ltd (ABN 91 672 481 631)
Trading Name means Buildfix Property Maintenance, A registered trading name of Buildfix
property Maintenence Pty Ltd (ACN 672 481 631)
The Purchaser means the person, firm or corporation to whom the quotation or sale is made.
Good and Services means any goods or services ordered by the Purchaser from the Company;
GST means the Goods and Services Tax as defined in A New Tax System (Goods and
Services Tax) Act 1999 (“Act”) as amended.
Order means an official written purchase order for Goods and Services being requested by the
Purchaser either by post, fax or other electronic means;
Terms means these terms and conditions of supply.
2. Basis of Agreement
A quotation provided by the Company constitutes an offer by Buildfix Property Maintenance to
the Purchaser for the sale of the products/services itemised in the quotation.
Unless otherwise stated therein, all quotations are issued subject to acceptance confirmation on
receipt of an order and in the absence of an order, are invalid after 30 days of date of quotation.
The placement of an order on the Company for goods and/or services is an acceptance of the
following conditions which are the basis on which the offer is made and can only be varied in
writing by the company’s authorised representative.
3. Prices
Prices are based on freight, insurance, exchange rates, duties and other costs known to us. All
prices in this quote are inclusive of applicable duties (excluding GST).
If at any time between the date of quotation and delivery of the equipment, a rise or fall should
occur in these costs; the price to the customer shall be increased or decreased by the amount of
such a rise or fall.
4. Rise and Fall
Quoted prices are based on award wages and allowances under which this Company operates
and may differ to that of specified projects. Notwithstanding the above, this Company may accept
the Rise and Fall conditions of a particular specification project provided that the Rise and Fall
conditions apply for the duration of the contract between this Company and its client irrespective
of the duration of Rise and Fall in any other head contract.
5. Payment Claims
a. The terms and payment of this Company are nett Fourteen (14) days from the
date of invoice. All credit and site work will cease if the above credit terms are not
adhered to. The company would also advise the projects managers in writing of our
action stating the reason why credit and work has ceased.
b. Payment to be by cash, bank cheque or direct deposit and without
deduction unless otherwise agreed. If Buildfix Property Maintenance receives or
recovers money in respect of debts of the customer, Buildfix Property Maintenance
will allocate that money to the oldest amount owing, unless notified in writing as to
how the payment should be allocated.
c. Buildfix Property Maintenance claims for payment will be made under the
terms of the Building and Construction Industry Security of Payment Act 1999.
d. Where retention monies are held on progress claims, interest will be charged
on retention at the rate of 10% p.a. from the date the retentions were held, unless
the purchaser advises the Company in writing the contract date on which the
retentions are to be released, and will not furthermore bear interest at the same rate
for non-payment from the release date if the Company has not been advised in
writing of any clauses for retention for which the Company is considered
responsible.
6. Consequential Damages
This Company shall not be liable for consequential damages or expenses suffered or incurred by
the purchaser, its suppliers or client arising out of or in connection with work done or goods
supplied.
7. Liability Under Specified Penalty or Liquidated Damages Clauses
a. The Company does not accept any penalty clauses
b. Where the Company has accepted a sub-contract agreement that includes
Liquidated Damages Clauses, the Company will only accept Liquidated Damages
on a pro rata head contract/sub-contract basis and capped at 10% of the contract
value. The Company will not recognise any claim for Liquidated Damages unless
submitted in writing stating the reason the Company is considered responsible and
provided that a project completion date has been previously advised in writing and
reasonable time allowed for completion of the Company’s portion of work.
Retention monies outside the above will be a cause for immediate cessation of the
contract with all monies including retentions becoming due and payable.
8. Warranty
Our guarantees are limited to the full benefits of any guarantee given by our suppliers and only
when installed in accordance with the manufacturer’s instructions. No other guarantees shall be
implied, and we do not assume any liability beyond that expressed above.
This quotation provides that components carry a warranty for parts and labour for a period of
twelve (12) months from the date that the system is set into operation. The warranty is not subject
to delays to dates of practical completion due to other reasons arising from the total project
installation.
The giving and acceptance of this quotation does not imply a guarantee of the overall
performance of the total project, nor does it provide a free diagnostic service of the total control
loops of which equipment and installations provided by others form a part. Where service is
requested by the purchaser within the warranty period and the symptom and cause is found to be
other than in the components and where the purchaser had not provided personnel on site to
assist in ascertaining the cause, then the acceptance of this quotation price is an acceptance that
the purchaser will pay the costs of the diagnostic service.
9. Increased Taxes
If after the date of the offer for this Agreement, a State or Federal Government increases a tax or
imposes a new tax, such as goods and services or value added tax, but other than income tax
and thereby the cost to Buildfix Property Maintenance of performing this agreement is increased,
the customer shall reimburse Buildfix Property Maintenance an amount equal to the cost to
Buildfix Property Maintenance of the said increased or new taxes.
10. Confidentiality and Intellectual Property
All information and design used in the development of the quote is confidential and remains the
property of Buildfix Property Maintenance until an official purchase order has been received. It
may not be used or disclosed by you to a third party without Buildfix Property Maintenance’s
written approval.
11. Force Majeur
Buildfix Property Maintenance shall not be, or be deemed to be in default or breach of any
contract as a result of Force Majeur. Force Majeur shall include any cause beyond the reasonable
control of Buildfix Property Maintenance. including natural disasters, strikes and lockouts.
Kind Regards,
Jason Halls
Managing Director
Lic #—————
Disclaimer :
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