Terms and conditions

TERMS AND CONDITIONS

  1. This quotation is open for acceptance without revision for a period of 30 days from date of Tender, after which time it becomes subject to variation.
  2. The quotation price may be considered fixed, provided a firm order is placed within the 30 day period, stated in item 1. for work to be completed within 60 calendar days from date of order.
  3. Quoted prices are based on current rates for labour and material and subject to Rise and fall adjustment unless an order is accepted in respect to Items 1. And 2. R. & F. adjustments will be calculated using the relative Index figures for materials and labour as documented by the Australian Bureau of Statistics.
  4. This quotation is submitted on the condition of having free access to the working area and for all work to be undertaken during normal trade hours. Hire of plant & equipment due to difficult access & specific site allowances are not included unless otherwise stated in this quotation.
  5. Delivery, normally 6 weeks is subject to confirmation at time of receipt of order, and would be arranged to suit construction program and special requirements. Estimates, detailed are based on present production commitments, availability of basic raw and fabricated materials, and therefore may be subject to revision.
  6. Responsibility for damage in transit to destination within Australia will be accepted only where the goods are consigned by Workstations Pty. Ltd., (hereafter called WORKSTATIONS) provided it is reported on carrier’s way bill, or failing that, the way bill be signed ‘Contents unexamined’ and the damage reported both to the carriers or forwarding agents, and to ourselves within 7 days. Claims for damage, shortage or pilferage must be made in writing within 7 days of receipt of the goods by the consignee who should also immediately advise the forwarding agents.
  7. Unless otherwise stated under basis of quotation prices do not include Goods and Services Tax. GST will be charged as a separate item on the invoice.
  8. Terms of Payment (a) Unless otherwise stated in writing by the seller, Terms of Payment are; Deposit of 50% of the approved contract value must be paid upon acceptance of the tender. Manufacturing will not commence of any order relating to this tender until funds have been paid and cleared. Stated lead time does not commence until funds are cleared. (b) The balance of the approved contract value including variations must be paid within thirty (30) days of delivery. (c) Interest Charge of 15% per annum will be charged on all monies outstanding and unpaid after forty five (45) days from the date of invoice. Interest will be charged effective from the due date of invoice, for any full month or part thereof until funds are received.

9 if: (a) the Purchaser defaults in the payment of the purchase price for the Goods or any installment of the purchase price on the due date for payment as specified in the Quotation, Order or Order Confirmation; (b) the Purchaser fails to comply with any other obligation on its part under the Contract; or (c) a petition is filed for the winding up of the Purchaser which is not dismissed within 7 days of its filing or the Purchaser resolved to go into liquidation or enters into any scheme or arrangement with its creditors (d) or if any liquidator, trustee, receiver or official manager is appointed in respect of the Purchaser or any part of or the whole of its property, or if the Purchaser dies or becomes mentally ill or bankrupt. then without prejudice to any other rights which WORKSTATIONS may have, WORKSTATIONS may terminate the Contract immediately and repossess at the Purchaser’s cost any Goods already delivered to the Purchaser in respect of which payment has not been made in full by the Purchaser.

10 TERMS AND CONDITIONS 10 (a) WORKSTATIONS shall retain legal and equitable title to the Goods at all times until full payment of the purchase price for the Goods has been made to WORKSTATIONS whether or not the Goods are under the Purchaser’s possession or control, or until times as the Purchaser sells the Goods, either in the form in which WORKSTATIONS supplied or in any other form, by way of bona fide sale for value. (b) Where the Purchaser at any time has possession and control of the Goods before payment of the purchase price of the Goods is made to WORKSTATIONS in full, the Purchaser acknowledges that it exercises such possession and control exclusively as bailee for WORKSTATIONS and as bailee shall keep and store the Goods separately from all other goods which are in the Purchaser’s possession. (c) If payment of the purchase price of the Goods is overdue in whole or in part, without prejudice to any other legal rights WORKSTATIONS may have, WORKSTATIONS may recover or resell the Goods and it may enter upon the Purchaser’s premises if necessary for this purpose. Any costs or expenses incurred to resell or recover the Goods, may be recovered by WORKSTATIONS from the Purchaser. (d) If any Goods are incorporated in or used as materials in the manufacture or production of other goods before WORKSTATIONS has received full payment of the purchase prices of the Goods, the legal and equitable title in the whole of such other goods shall vest in WORKSTATIONS until full payment of the purchase price of the Goods has been made to WORKSTATIONS if WORKSTATIONS sells such other goods, it shall give credit to the Purchaser for so much of the proceeds of the sale as remains after deducting from the proceeds of sales that amount of the purchase of the Goods which has not been paid by the Purchaser and the costs and expenses of obtaining possession of and selling such other goods.

  1. Notwithstanding any other provision in the Contract, the risk of the Goods passes to the Purchaser upon delivery. The Purchaser shall insure the Goods against loss or damage by fire, theft and other unusual risks for their full insurable value with a reputable insurer until full payment of the purchase price of the Goods has been made to WORKSTATIONS.
  2. The placement of an order against this quotation will be taken as an acceptance of the Conditions of Tender as stated and no deviation to these conditions regardless of ‘Conditions of Order’ will be accepted unless further agreed in writing by WORKSTATIONS.
  3. Except by agreement no order for Goods to be manufactured to a customer’s specifications may be cancelled without payment by the customer of the full costs of special manufacture incurred up to the date of cancellation, including the cost of materials, dies, etc. purchased or manufactured specifically for the execution of the order in question.
  4. Responsibility will not be accepted for delays and the consequences thereof arising from strikes, lockouts, trade disputes, fires or other contingencies beyond our control.
  5. WORKSTATIONS guarantees to undertake all works as detailed using first class materials and workmanship and if installing the equipment to be supplied to satisfactorily complete and commission these works. We further undertake to replace free of charge, any defective components, provided the defects occur within the warranty period from the date of dispatch and that the defect can be shown to be due solely to the use of defective materials or faulty workmanship. Replacement parts will be made available for a period of the warranty period from the date of dispatch. We shall not be bound by any guarantee express or implied other than the guarantee contained in this clause, unless further agreed in writing by WORKSTATIONS. WORKSTATIONS has a product stewardship program that provides for the return of its product, excluding transportation costs, for reuse or the recycling of component materials.