Terms & Conditions
FarmCrete Pty Limited
Terms and Conditions of Sale
Definition and Inconsistency
- In these Terms of Sale
“Terms” means these Terms of Sale (including the Special Terms applicable to the type of goods being supplied);
“Company” means FarmCrete Pty Ltd (ABN 54 166 493 974)
“Customer” means the customer placing an order and any agent or representative of that customer.
- Placing of an order with the Company by the Customer for goods and/or services indicates acceptance by the Customer of these Terms for the provision of those goods and/or services. In the event of any inconsistency between these Terms and any terms and conditions on the Customer’s order, the Customer agrees that these Terms shall prevail.
Quotations and Prices
- Quotations are open for acceptance by the Customer for 30 days from the date of quotation.
- All prices quoted are strictly net of all discounts. Any goods and services tax (GST) or other similar government taxes, if applicable, are additional to the quoted price.
Terms applying to pre-mixed Concrete placing services
- All quotations will be in writing and will stipulate the scope of materials and work covered by the quotation.
- The Company will not be obliged to perform any variations or additions to the quoted work unless the full cost of the variation has been agreed in writing by the Company.
- The Customer will provide access to the site where the quoted work is to be undertaken. If work by the Company is required to obtain access, the cost of materials and labour involved will be identified in writing as a variation to the original quotation and when agreed by the Customer will be added to the previously quoted price. If the Customer does not provide access or agree to pay the cost providing access the Company may withdraw from the contract without liability to the Company. In addition the Customer agrees to indemnify the Company and Company agents and contractors for all damage and injury to any person and to any public or private property which may result including any costs associated with enabling any delivery vehicle to leave the site, and the cost of any returned product as a result of the Customer failing to provide suitable and safe access to the delivery site.
- Unless stated in the quotation, the following are not allowed for in the price:
- additional, increased or more difficult work or rework resulting from any of the following: subsidence, unsatisfactory or unsuitable base work, foundations, nearby structures or redesigns, latent conditions as defined in Australian Standard AS 2124 (General conditions of contract); and the location of or interference by any underground drain, pipe, tank, sewer, cable, tunnel, void, service or other underground work;
- work not reasonably anticipated by the Company due to insufficient, absent or misleading information provided to the Company.
- The Customer is responsible for:
- obtaining surveys and setting out and continuously maintaining survey pegs and levels necessary for the works;
- obtaining all necessary permits, approvals and consents from any person or statutory authority; and
- providing comprehensive and detailed location and marking on the site of any underground works.
- The Company will not be liable for, and the Customer will indemnify the Company against, any damage or loss in connection with the work caused by:
- subsidence, landslip or other adverse geotechnical conditions;
- unsatisfactory or unsuitable base work or foundations not constructed by the Company.
- The Company may subcontract any portion of the works, but any subcontracting will not relieve the Company of any of its obligations to the Customer under the contract.
- If at any time the Company advises the Customer against proceeding with any work on the basis that the Company expects inclement weather conditions to damage the work, and despite the Company’s advice the Customer instructs the Company to continue, the Company will not be responsible for any damage caused to the work by any inclement weather conditions which occur subsequent to the Company’s advice to the Customer not to proceed.
- The Company shall not be responsible for any delays due to inclement weather conditions or delays caused by other contractors.
- Materials used in the quoted works that are not manufactured by the Company will be sourced from reputable suppliers. To the extent permitted by law, the Customer shall not hold the Company liable for any defects in these other products but rely on the warranty (if any) offered by the manufacturer of those materials.
- The Customer acknowledges that the Company may take photographs of the work in progress and when complete and may utilise this for promotional purposes.
- Unless prior arrangements for credit have been made, payment for goods and/or services is due in full before commencement of the works.
- Payment terms for all credit accounts are as advised to the Customer at the time the credit account is opened, being either “Net 30 days” (meaning the Company must receive payment in full on or before the 1st working day of the month following the date of supply) or “14 days from date of invoice” (meaning the Company must receive payment in full within 14 days of date of invoice). Any variation to these payment terms must be agreed in writing by the Company.
- Acceptance by the Company of any late payment by the Customer or the Customer exceeding the credit limit set by the Company shall not amount to a waiver by the Company of its right to payment “Net 30 days” or “14 days from date of invoice” as applicable, nor is it an agreement to provide credit other than in accordance with these Terms.
- The Company may require the Customer to provide security for payment in a form acceptable to the Company prior to the supply of goods and/ or services.
- The Customer is not entitled to withhold any payment by way of retention unless the terms and conditions of the retention are agreed to in writing by the Company prior to supply.
- The Customer must pay the Company the cost of any bank fees arising from dishonoured cheques paid by the Customer to the Company, and must pay an administrative charge and for any legal or other debt collection costs incurred by the Company.
- The Customer must notify the Company in writing within 7 days of any change in the beneficial ownership of the Customer.
- The Company can vary or withdraw any credit arrangements at any time and without liability whatsoever to the Customer or any party claiming through the Customer.
- The Company may charge the Customer interest on overdue amounts at the Commonwealth Bank of Australia’s unsecured overdraft amount as varied from time to time. Where interest is charged, it will be calculated monthly on amounts outstanding from the date on which they were due and payable, until the Company receives full payment of the outstanding amounts.
- The Customer will become responsible for loss of or damage to the goods immediately upon supply of the Goods at the nominated site.
- Goods supplied to the Customer remain the property of the Company until payment in full is received by the Company. The Company acknowledges that until full payment is made, the Customer holds the goods as bailee of the Company and that a fiduciary relationship exists between the Customer and the Company.
- Until payment is made, the Customer shall hold the goods in such a manner that they are clearly identifiable as the product of the Company. The Customer acknowledges that if it sells any of the Company’s goods, it sells the goods as a fiduciary agent of the Company provided that such sales shall not give rise to any obligations on the part of the Company.
- The Customer agrees to indemnify the Company against any liability the Company may incur as a result of the failure of the Customer to follow generally accepted good practice as detailed in the recommendations to client in how to care for the concrete.
- If the Customer believes that the goods and/or services supplied do not conform with the order placed or that the price charged does not conform with the quotation given by the Company, the Customer shall notify the Company in writing as soon as practical, detailing the way in which the goods or price do not conform.
- Failure to give such notification within seven days of the date of supply or date of invoice (as applicable) shall raise the inference against the Customer that the goods are in accordance with the order and quotation.
- The Customer shall be deemed to have accepted the goods as supplied if it fails to keep the goods in the condition they were in when supplied or declines a reasonable request from the Company to inspect the goods.
- The Company warrants that the goods delivered are those specified in the quotation and invoice and the goods delivered are free from defects in material and workmanship except such defects as are normally regarded as being commercially acceptable.
- All other warranties which would be imported into these Terms by statute are negated except to the extent that such negation is specifically forbidden by statute.
Limitation of Liability for Breach of a Condition or Warranty
- Pursuant to the Competition and Consumer Act 2010 the following clause applies in respect of any of the goods and/or services supplied under this contract which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this clause will not apply if the Customer establishes that reliance on it would not be fair and reasonable.
- The Company’s liability for breaches of express or implied conditions and warranties, other than the warranty as to title, is limited to any one of the following as determined by the Company: the replacement of the goods or the supply of equivalent goods; or the repair of the goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired. The Company will not be liable for any damage arising out of or in connection with, special, consequential, direct or indirect loss, damage harm or injury suffered or incurred as a result of such a breach unless such liability is imposed on the Company by the Competition and Consumer Act 2010.
- In addition to Competition and Consumer Act 2010, the limitations of the Company’s liability in respect of breaches of express or implied conditions and warranties as expressed in the previous clause shall be varied to the extent permitted by relevant State and territory legislation covering sale of goods and consumer protection.
Termination and Suspension
- If the Company is not satisfied as to the Customer’s ability to pay for the goods and/ or services, it may suspend or terminate supply and shall not be liable in any way for the claim, damage, expense or cost arising from the suspension or termination and monies then outstanding by the Customer shall immediately become due and payable.
- These Terms, the quotation (if any) and any other documents specified in the quotation, form the agreement between the Company and the Customer and any variations, alterations or additions must be acknowledged in writing by the Company.
- The Company may make partial supply of the services ordered and invoice the supplies separately. The supply of goods and/or services in more than one delivery shall be subject to separate agreements for the sale of each delivery.
- In the event that it is held that one or more of these Terms are not enforceable, the remaining terms shall apply.
- Unless otherwise stated in the quotation, penalties for time delays by the Company will not apply. In the event that there is failure to deliver, or any time delay in delivery, commencement of site works or completion of site works due to weather, fire, labour, dispute, strike or other cause whatsoever beyond the Company’s control or due to the inability of the Company to obtain raw materials from the source expected by the Company:
- The Company will not be liable for any loss or damage sustained by the Customer or by any other person by reason of any such delay, and
- The Company will be entitled to suspend deliveries for such period as it may think fit or terminate the agreement immediately after suspending deliveries and shall not be liable for any loss or damage sustained by the Customer or by any other person by reason of such suspension or termination.
- Personal information provided by the Customer to the Company may be disclosed elsewhere within the Company. The Company will use this information to manage its business dealings with the Customer, for example:
– to provide the Customer with the products or services the Customer has requested;
– to assess the Customer’s credit worthiness, where relevant;
– to manage the Customer’s payments or accounts;
– to inform the Customer of the Company’s products and services including by electronic means;
– To comply with the Company’s legal obligations, and may supply the Customer’s information to contractors and advisors that help the Company to do this.