Terms & Conditions of Quotation & Sale of Laser and Press (Aust) Pty Ltd – ABN 77 121 322 683

Quotations, Orders &/or Contracts will, unless otherwise agreed in writing be subject to the following conditions:

1. Validity:

Quotations, unless previously withdrawn; are open for acceptance by the Customer for thirty (30) days only from the date shown thereon. Each Quotation is to be treated as an estimate only and subject to withdrawal or alteration until such time as Laser and Press (Aust) Pty Ltd (“the Company”) accepts an Order.

2. Orders:

An Order accepting this Quotation (“The Order”) shall be in writing and shall not be deemed to be an acceptance until delivered to and/or received by the Company. The Order shall identify the Customer & preferably show the number of the Quotation & an Order Number. The Order shall adopt and incorporate these conditions and, in case of any inconsistency, these conditions shall prevail, to the extent that any inconsistent conditions on the Order shall be deemed to be excised therefrom.

3. Information:

The customer shall forthwith upon delivery of the Order or as otherwise agreed in writing, supply to the Company such particulars of “the works” to be executed by the Company, including dimensions, drawings, & specifications, as may be necessary & sufficient to enable the Company to commence to proceed with the execution of The Works.

4. Prices:

(1) Orders must be for the whole of a Quotation or prices may vary.
(2) The prices stated in a Quotation are based on duties, taxes, exchange rates, import and delivery costs, and the costs of complying with all legislation, ordinances, by laws and regulations as at the date of the Quotation. An increase in any of the foregoing which increases the cost of producing the Works, will be passed on to the Customer’s account.
(3) Unless otherwise stated prices do not include Goods and Services Tax, freight, crating, crane hire, unloading, storage, insurance or handling charges, which shall be to the customer’s account.
(4) “The Works” may not be returned for credit, unless agreed to in Writing by The Company & on Terms acceptable to the Company.
(5) Where goods are ordered on a “Supply Only” basis, no “fixing materials” are supplied.
(6) When delivered “The Works” shall be at the Customer’s risk and the Customer shall keep “The Works” fully insured for the Company’s interest against loss or damage by fire, theft or otherwise.

5. Payment:

(1) The customer shall forthwith upon delivery of the Order, pay to the company a deposit of 50% of the Quotation Price, or otherwise as may be agreed in writing. Should that amount not be paid, the Company may at its discretion cancel the Order (2) The Company shall be entitled at intervals or not less than seven (7) days to submit progress claims in respect of the value of the work executed. Unless otherwise stated, payment of the amount claimed shall be strictly net, payable to the Company’s Office within seven (7) days after the date of the progress claim. The final payment is due on completion of the work in the Company’s factory subject to the reasonable satisfaction of the Purchaser or agent on inspection of the Works at the Company’s premises. Payments not made by the due Date will be subject to interest at the rate of ten (10) percent per annum from the date when the payment should have been made to the date of payment.

6. Delivery:

(1) Unless agreed otherwise the Works will be supplied ex factory.
(2) If the Quotation includes Delivery, then the Works will be delivered Free on Truck at the Kerbside. Unloading & Handling is by the Customer.
(3) The Customer, with reasonable Notice, is to confirm the place of Delivery.
(4) The Company reserves the right in choosing or varying the means, route and procedure of delivery, transport and handling of the Work to be delivered.
(5) The Company may deliver the items to be delivered in installments.
(6) The risk of loss and damage to the Work to be delivered shall pass to the Customer on loading for delivery at the Company’s premises or the premises of others where required.
(7) Dates given for delivery are approximate only. No responsibility shall attach to the company in failing or neglecting to effect delivery by a specified date, although the Company shall make a reasonable endeavor to ensure such compliance. Time is in no respect of the essence.
(8) Labour in unloading, crane hire, storage, insurance etc, shall not be the Company’s expense. Wrapping is free, crating is extra.

7. Access:

(1) The Customer shall do everything necessary on its part to be done to ensure that the Company has access at all reasonable times to the site of the Customer’s works (“The Site”) for the purpose of taking such measurements or undertaking such other activities as necessary in connection with the execution of the works.
(2) If the Company is obliged to undertake Installation or the like work, the Customer shall ensure that possession of sufficient of the site is given to the Company to allow commencement & execution in an orderly, sequential and uninterrupted fashion.

8. Installation:

If the Company is obliged to undertake Installation, or the like work, the following shall apply:
(a) The Company shall place the items in position & as necessary bolt in place.
(b) The Company shall not in the absence of any agreement to the contrary be obliged to supply any plumbing, electrical or similar connections, nor any labour or materials in connection therewith, nor undertake work associated with the removal of windows, penetrations of walls or ceilings, the provision of mountings for fans, or the flashing of joints.
(c) Unless agreed to the contrary, and in respect of work outside the Sydney Metropolitan area, the Order covers only one visit to site.
(d) The Customer shall ensure that:

(i) All reasonable facilities, including water, power, electric lighting, craneage, hoisting, & scaffolding – including erection and relocation, first aid, meal room, & ablution services are available for use by the Company’s representative at no extra cost to the Company.
(ii) The Company is able to undertake its work in an uninterrupted, sequential and orderly fashion.
(iii) All trades co-operate, & coordinate their work with the requirements of the Company.

9. Variations:

The Company shall not be obliged to undertake any work additional to that the subject of the Quotation / Order without a prior written instruction from the Customer. The Company requires that the price to any variation be agreed prior to any work being undertaken. Day Labour is to be carried out at previously agreed man hour rates. Material supplied shall be charged out at cost plus 17.5%. In determining the value any variation, a reasonable allowance shall be credited to the company for the overhead and profit on all items whether added or omitted. The Customer shall make no deductions from the Company’s account for “back charges” or similar.

10. Liquidated Damages:

The Company shall not be liable for liquidated damages.

11. General Damages:

The Company’s liability for general damages whether any breach of contract or in tort, or for negligence or otherwise, shall (subject to any other limitations herein contained) be limited to an amount not exceeding 5% of the order. The customer hereby releases the Company from any claim, demand, suit or proceeding on account of any such liability in excess of that amount. The Company shall have no liability on account of loss of profit.

12. Warranty:

In respect to goods produced in the company’s factory, the company undertakes to replace faulty materials or rectify faulty workmanship within 1 year of supply, in respect of goods supplied by but not manufactured by the Company, such goods are covered by Warranty to the extent of such Warranty obtainable from the suppliers of the goods. Such Warranty, however, may not be applicable unless the goods are paid in full.

13. Claims:

Except as is prohibited by law, it shall be precondition to any entitlement to claim for any damages for costs or expenses whatever that within fourteen (14) days of the occurrence of the first event of circumstances giving rise to the claim the Customer shall serve notice in writing upon the Company of it’s claim with detailed particulars.

14. Retention:

No Moneys shall be withheld by the customer as retention.

15. Tolerance:

Unless expressly agreed in writing, the company shall only be bound to execute the works within reasonable and normal trade tolerances and finishes. The Company shall be entitled to be paid as a variation where any special or particular accuracy or finish is required. The Company shall be entitled to make minor alterations to details to allow the use of their available standard size material and tooling.

16. Property and Risk:

(1) The property in the Work delivered shall not pass to the customer until payment has been made in full and pending payment in full the customer agrees to hold the goods as bailee and in default on payment on the due date of any installment to return the said goods in good order and condition to the Company. If the Customer should refuse to comply with the Company’s request to return the items, the Customer shall give the Company or its agents leave and license at any time to take possession of such items and further agrees to pay all expenses of such repossession including freight and cartage both to and from the Company’s premises.
(2) Notwithstanding anything to the contrary whether expressed or implied the risk of loss or damage to the items delivered shall pass to the customer on loading for delivery at the Company’s premises or other premises from which the delivery is direct to the delivery address.

17. Insurance:

Notwithstanding clause 16(1), the Customer shall for their full insurance value, insure the items delivered against usual insurable risks, including loss or damage by fire or theft, until property in the items becomes vested in the Customer. All moneys received under such insurance policy shall first be applied in paying amounts outstanding to the Company pursuant hereto.

18. Extensions on Time:

Irrespective of whether or not a time for completion of the works is specified, the Company shall be entitled to extend the time for completion of the works as it considers reasonable, if delay in progress of the works is caused by instructions, or lack of instructions, or information from the Customer, by industrial disputes, by inclement weather, by failure to obtain access to or sufficient possession of the Site or by any other matter, cause or thing (whether similar in nature to the matters abovementioned or otherwise) beyond the control of the Company.

19. Working Hours:

The Company shall not be obliged to execute the Works otherwise than during the Company’s normal working hours, unless agreed to as a Variation – see 9 above.

20. Plastic Coating:

Stainless Steel is often coated with plastic to protect it. The Company does not remove the coating or clean the finished product after removal of the plastic coating.

21. Extra Costs:

In the event that by reason or any act, default or omission on the part of the Customer or its servants, agents, consultants, sub-contractors or others for whom it is responsible, the Company incurs costs, loss or expense the Company shall be entitled to recover as a debt due or owing the amounts of such costs, loss or expense.

22. Termination:

The Company may, by notice in writing, terminate the Order / Contract if the Customer:

(a) Is in breach of a term of the Order / Contract and fails to remedy it within fourteen days of notice in writing specifying the breach and requesting the Customer remedy it;
(b) Has failed or refuses to take delivery of any items supplied pursuant hereto;
(c) If a company, has an execution levied against it or has a winding up order made or attempted to be made (except for reconstruction) passes or attempts to pass resolution for winding up or has any liquidator, receiver or official manager appointed or enters or attempts to enter any composition or a scheme of arrangement; or
(d) If an individual, has an execution levied against him or becomes bankrupt or enters or attempts to enter any composition or a scheme of arrangement; or
(e) Is insolvent.

23. Cancellation:

Orders cannot be cancelled without the Company’s prior written consent, and then only on due terms indemnifying the Company against any loss or expense (including loss of profit) and reimbursing the Company in respect of its accrued rights.

24. Co-operation:

The Customer shall do all co-operative acts necessary on its part to be done to bring about the contractual result.

25. Disputes:

Any dispute arising in connection with the Order / Contract, which is not resolved within 7 days notice in writing identifying the dispute, shall be and is hereby referred to the arbitration of a nominee of the President of the Institute of Arbitrators Australia, which arbitration shall be conducted in accordance with the Rules of Conduct for Commercial Arbitrations of that institute.

26. Infringements of Intellectual Property:

The Purchaser shall indemnify the Company against all damage, penalty, expenses, or costs to which the Company may become liable through any work required to be done or material supplied by the Company in accordance with an Order which involves an infringement of any patent, registered design, or other Intellectual Property.

27. Proper Law:

The Contract shall be governed by law of New South Wales and the parties submit to the jurisdictions of the Courts of the State and any Court having jurisdiction in appeal therefrom.