Terms and Conditions

1. INTERPRETATION
In these terms and conditions unless the context otherwise indicates:

* 'Agreement' means the agreement between the Supplier and the Customer created upon acceptance by the customer of order which is constituted by the terms of order.

* 'Customer' means the person so described in the order.

* 'Delivery Site' means the goods and equipment specified in the order.

* 'Order' means the order issued by the Supplier to the Customer to supply the goods in accordance with the Terms.

* 'Building' means the building of the style depicted and having approximately the dimensions shown in the order describing the goods.

* 'Supplier' means the business receiving payment for the goods.

* 'Terms' means these terms and conditions changed or modified from time to time in the manner set out below.

* 'Warranty' means the structural frame and the wind loading listed on the order, all other warranties will be at the discretion of warranties placed on materials by the manufacturer as set out below.


Words importing the singular number shall include the plural number and vice versa.

Words importing a gender shall incude the other genders and vice versa.

Reference to a person shall be construed as a reference to an individual, form, body corporate, association(whether incorporated or not), government and governmental, semi-government and local authority or agency.

Reference to any statute or other law shall include all regulations or instruments there under and all consolidations, amendments, re-enactments or replacements thereof.


2. AGREEMENT TO SUPPLY GOODS

* a) The supplier agrees to supply the Goods so as to facilitate the erection of the structure.

* b) The Customer acknowledges that the agreement is a contact for the supply of goods only and that it is not part of the Supplier obligation to erect or arrange for the erection of the building.


2. PAYMENT
The customer shall pay a deposit, with the acceptance of the quotation.

The balance shall be paid in full on or prior to delivery.
IF delivery to rail or nominated transport depot the ballance MUST be paid before the goods are dispatched unless prior negotiations are made in writing with the management.
Progress payments may be requested.


4. DELIVERY

* a) Delivery when part of this contract, is alongside of the delivery vehicle and at the driver's total discretion.

* b) In the event of a delivery becoming bogged or becoming immobile on a no-public road or off road sites, the full responsabillity for lost time, towing, etc, is deemed to be accepted and must be paid for by the client.

* c) To facilitate delivery the Customer at his expense will provide or cause to be provided full and clear access to the Delivery Site and all necessary and appropriate assistance unloading the Goods at the Delivery Site.

d) Times for delivery are approximate and the Supplier in no way can be held responsible for variation in the suggested or proposed time for delivery.

e) Partial shipments are permissable under certain circumstances and payment is due proportionately.

f) Where specified, delivery to the site is provided BUT any additional mechananical assistance required to unload the Building (e.g. crane, etc) must be paid for and organised by the client.

g) No variation will bw accepted under and circumstances and once Builing is scheduled for delivery unless at the total discretion of the Supplier.


5. PROPERTY IN THE GOODS

* a) The Customer agrees that, notwithstanding the delivery of the goods or any part thereof or the erection of Builing or of any part thereof or any rule of law to the contrary, property in the goods shall remain with the Supplier until the balance of the price is paid and any other indebtedness of the Customer to the supplier is discharged to the intent that then and only then shall property in goods pass to the Customer.
To enable the Supplier to exercise its rights to the goods until property in them has passed to the Customer, the Customer here by expressly agrees that the Supplier, may, by its duly authorised agent at any time prior to the payment of the balance of the price and any other indebtedness of the Customer to the Supplier take possesion of the goods and may remove, carry away and keep the goods notwithstanding that any part of the goods may have been erected, combined or affixed to any land structure by or on behalf of the Customer and the Customer futher appoints the Supplier as its lawful attorney and agent to enter any premises or lands where so-ever situated upon which the goods are or may reasonably be suspected by the Supplier to be at any time of the night or day in order to take possesion of the goods and in order to give full force and effect to the terms of Clause
5.
Further, the Customer authorises the Supplier to use such force and clause such damage as may be reasonably necessary in the act of removing and carrying away the goods.

* b) The Customer agrees to keep the supplier completly blameless and indemnified in respect of any loss or damage caused by or arising out of the exercise by the Supplier of any of the rights or powers given to the Supplier pursuant to this Clause 5 including but in no way limited to loss or damage to property, loss of income or profits, consequential loss of any kind and loss or damage to the goods.


6. RISK, INSURANCE AND INDEMNITY
The Customer agrees that the risk in respect of the goods shall pass to the Customer on Delivery Site, but in the event that property in the goods has not then passes to the Customer because the balance of the price and any other indebtedness of the Customer to the Supplier has not been paid the Customer agreed to insure the goods for their full replacement value in the name of the Supplier between the date of delivery until the date of payment in full of the price to the Supplier or alternatively to keep the Supplier fully and complety indemnified in relation to any loss or damage to the goods between those dates.


7. WARRANTY
The supplier warrants the structural frame.

a) To the extent required by the Sales of Goods Act 1923 (NSW) and the Trade Practices Act 1974 as to workmanship and materials and subject to normal and resonable use, the soundness of the Building to withstand normal snow and wind loadings applicable shown on the Quotation/Order.

(i) In accordance with the plans and specifications provided by the Supplier.
(ii) With pier footings as specified by the Supplier, which footings must have a minimum concrete yield of 25 mpa after 30 days and cured prior to use.
(iii) In good and workman like manner by appropriatly qualified and experience personnel(see 7e) adhering to specific plans signed off by structural engineer for the job.
(iv) When tube-type columns are on-site provided with moisture weep holes.

b) The Supplier cannot and does not not warrant against the effect of any act of God including but not limited to wind and snow loadings in excess of those referred to above, fire, lightning, hail storm or any like atmospheric or natural phenomenon.

c) Minor variation in measurements from those shown in the quotations sheet will not give rise to any claim for damages or breach of contract.

d) Warranty in relation to the structural steel frame component of the Building is for a period of 25 years from date of delivery of the goods and is limited to the repair or reconstruction of the Building by and at the cost of the Supplier as is appropriate having regard to the age and condition of the Building at the time of any failure or defect being notified to the Supplier by the Customer and any claims under this warranty must be notified to the Supplier within the period of the warranty.

e) No warranty will be considered for the Building unless the Building frame has been constructed by factory accredited contractor and relavent claim for warranty details submitted.

f) No warranty for sheeting, rainwater goods, doors and hardware under this contract.

8. CLAIMS FOR SHORTAGE OR DAMAGE
No claims will be recognised unless made within 14 days of delivery.

9. TITLE OF GOODS
Legal and beneficial title of goods convered by this order shall not pass until full payment in clear funds is received by the Supplier factory.

10. ERECTION
Prevelled area around buildings needs to be a minimum of 1 metre for erection and drainage purpose.
Other criteria for site work is identified on the correct contract documents.

NOTE: Check all details carefully on order sheet to ensure clarity or requirements.
Prior and following erection keep materials protected from elements damage; theft; sun; rain; atmospheric and soiling possibilities.