► “T & P Steel” means NIL GROUP PTY LTD T/A T & P Steel Fabrications, its successors and assigns or any person acting on behalf of and with the authority of NIL GROUP PTY LTD T/A T & P Steel Fabrications.
►“Client” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
►“Goods” means all Goods or Services supplied by T & P Steel to the Client at the Client’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
►“Price” means the Price payable for the Goods as agreed between T & P Steel and the Client in accordance with clause 4
► The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for Goods, or accepts Delivery.
►These terms and conditions may only be amended with T & P Steel’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and T & P Steel, including any conflicting terms which shall be set aside and negotiated between the Client and T & P Steel separately to this agreement.
►Dimensions and specifications contained or referred to in any agreement or in any publications maintained or issued by T & P Steel are estimates only. Unless otherwise expressly agreed in writing by T & P Steel, it is not a condition of any agreement that the Goods will correspond precisely with such dimensions and specifications, and customary or reasonable tolerances will be allowed.
►Neither T & P Steel, nor any of its employees or agents, warrant or guarantee the accuracy or completeness of any information provided to the Client. The Client undertakes that all matters relevant to the supply of the Goods hereunder are to the Client’s satisfaction, and in doing so, the Client acknowledges that in deciding to purchase the Goods hereunder that:
■ they have relied on their own skill, inspection and judgement;
■ they have not relied on any statement made by T & P Steel or its employees or agents;
■ they assume the risk of mistake in relation to the information provided.
►Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
► The Client shall give T & P Steel not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by T & P Steel as a result of the Client’s failure to comply with this clause.
► At T & P Steel’s sole discretion the Price shall be either:
■ as indicated on any invoice provided by T & P Steel to the Client; or
■ T & P Steel’s quoted price (subject to clause 2) which is based upon rates and costs at the date of the quotation, and will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
► T & P Steel reserves the right to change the Price:
■ if a variation to the Goods which are to be supplied (including any applicable plans or specifications) is requested; or
■ where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, safety considerations, prerequisite work by any third party not being completed, inaccurate structural measurements provided by the Client, change of design, etc.) which are only discovered on commencement of the Services; or
■ in the event of increases to T & P Steel in the costs of supply and/or production of the Goods (Including fluctuations in currency exchange rates and steel prices, etc.), and/or Delivery, due to circumstances beyond the reasonable control of T & P Steel.
► At T & P Steel’s sole discretion, a non-refundable deposit may be required.
► Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by T & P Steel, which may be:
■on, or before, Delivery;
■by way of instalments/progress payments in accordance with T & P Steel’s payment schedule;
■ thirty (30) days following the end of the month in which a statement is posted to the Client’s address or address for notices;
■the date specified on any invoice or other form as being the date for payment; or
■failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client to T & P Steel.
► Payment may be made by cash, electronic/on-line banking, credit card (plus a surcharge of up to two percent (2%) of the Price), or by any other method as agreed to between the Client and T & P Steel.
► Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to T & P Steel an amount equal to any GST T & P Steel must pay for any supply by T & P Steel under this or any other agreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
► Receipt by T & P Steel of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised, and until then T & P Steel’s rights and ownership in respect of the Goods, and this agreement, shall continue.
► Delivery of the Goods (“Delivery”) is taken to occur at the time that:
■the Client or the Client’s nominated carrier takes possession of the Goods at T & P Steel’s address; or
■T & P Steel (or T & P Steel’s nominated carrier) delivers the Goods to the Client’s nominated site, even if the Client is not present thereat.
►At T & P Steel’s sole discretion, the cost of Delivery is in addition to the Price.
►The Client must take Delivery by receipt or collection of the Goods whenever they are tendered for Delivery. In the event that the Client is unable, fails or refuses (or makes any indication of their intention to fail or refuse) to take or accept Delivery within seven (7) days of T & P Steel advising the Client that the Goods are ready for Delivery, then the Goods shall be deemed to have been delivered when T & P Steel was willing to deliver them, and T & P Steel shall be entitled to charge a reasonable fee for redelivery and/or storage fees. Should T & P Steel need to store the Goods offsite, the Goods are stored at the Client’s sole risk and T & P Steel shall not be responsible for any corrosion, water damage or other environmental effects to the Goods.
►T & P Steel may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
►Any time or date given by T & P Steel to the Client is an estimate only. The Client must still accept Delivery even if late and T & P Steel will not be liable for any loss or damage incurred by the Client as a result of the Delivery being late.
► Risk of damage to, or loss, or deterioration of the Goods passes to the Client on Delivery and the Client must insure the Goods on or before Delivery.
►If any of the Goods are damaged or destroyed following Delivery but prior to ownership passing to the Client, T & P Steel is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by T & P Steel is sufficient evidence of T & P Steel’s rights to receive the insurance proceeds without the need for any person dealing with T & P Steel to make further enquiries.
►If the Client requests T & P Steel to leave Goods outside T & P Steel’s premises for collection or to deliver the Goods to an unattended location, then such Goods shall be left at the Client’s sole risk.
►The Client acknowledges that Goods supplied may exhibit variations in shade, colour, texture, surface and finish. T & P Steel will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
►The Client warrants that the structure of the premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and T & P Steel shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
►T & P Steel shall not be liable for any defect or damage resulting from incorrect or faulty installation.
►The Client acknowledges that T & P Steel is only responsible for parts that are replaced/supplied by T & P Steel and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, the Client agrees to indemnify T & P Steel against any loss or damage to the Goods, or caused thereby, or any part thereof howsoever arising.
►Where the Client has supplied materials for T & P Steel to complete the Goods, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. T & P Steel shall not be responsible for any defects in the Goods, any loss or damage howsoever arising from the use of materials supplied by the Client.
►Any advice, recommendation, information, assistance or service provided by T & P Steel in relation to Goods provided is given in good faith, is based on T & P Steel’s own knowledge and experience and shall be accepted without liability on the part of T & P Steel and it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Goods.
► In the event the Client gives information relating to the Goods (including plans, specifications, measurements, quantities and other information provided by the Client):
■it is the Client’s responsibility to verify the accuracy of the information before the Client or T & P Steel places an order based on the information. T & P Steel accepts no responsibility for any loss, damages, or costs however resulting from the Client’s failure to comply with this clause;
■T & P Steel shall be entitled to rely on the accuracy of such information. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, T & P Steel accepts no responsibility for any loss, damages, or costs however resulting therefrom.
► All customary building industry tolerances shall apply to the dimensions and measurements of the Goods, unless T & P Steel and the Client agree otherwise in writing.
► The Client and T & P Steel shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Goods, including any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation.
► The Client shall obtain (at the expense of the Client) all licenses and approvals that may be required for the Goods.