Waterblasting Services Pty Ltd trading as Brisbane Waterblasting
Terms and Conditions of Sale
In this document:
‘Business Day’ means a day other than a Saturday, Sunday or official holiday in Brisbane.
‘Buyer’ means the entity identified in the Invoice.
Condition of Sale’ means this document.
Consequential Loss’ means any financial, economic or consequential loss (whether direct or indirect) including but not limited to:
‘Contract’ means the contract between Brisbane Waterblasting and the Buyer for the supply of Services (including any Supplies) or the supply of Goods by Brisbane Waterblasting to the Buyer, which unless Brisbane Waterbasting expressly agrees in writing otherwise, comprises the Invoice and these Condition of Sale.
“Goods’ means the Goods identified as such in this Invoice.
‘PPSA’ means the Personal Property Securities Act 1999 (QLD).
‘PPSA Information’ means any information or documents (including copies of such documents) which are in existence or may be entered into in the future, of the kind mentioned on section 275(1) PPSA.
‘Price’ means the price for the Services (including any Supplies) or Goods identified as such in the Invoice or an amount calculated in accordance with the Schedule of Rates.
‘Invoice’ means the invoice issued by Brisbane Waterblasting for the supply of the Service or Goods.
‘Services’ means the Services (including any Supplies) identified as such in the Invoice.
‘Schedule of Rates’ means the rates for the Services or Goods identified as such in the Invoice.
‘Services’ means any goods, materials or items supplied by Brisbane Waterblasting with the Services identified as such in the Invoice.
The Buyer acknowledges that the supply of Services of Goods by Brisbane Waterblasting to the Buyer is subject to these Conditions of Sale.
Unless the express terms of a quotation provides otherwise, no quotation issued by Brisbane Waterblasting constitutes and offer to supply Services or Goods referred to within the quotation. Brisbane Waterblasting may vary any aspect of a quotation issued by it, including any prices and these Conditions for Sale, at any time prior to the formation of a contract for the supply of the Services or Goods referred to in the quotation.
Any purchase order submitted by the Buyer in response to any quotation of Brisbane Waterblasting will not be binding on Brisbane Waterblasting and no contract will be formed between Brisbane Waterblasting and the Buyer unless and until Brisbane Waterblasting accepts the purchase order and accepts this acceptance in writing to the Buyer.
The Buyer agrees that, except as expressly agreed in writing by Brisbane Waterblasting:
All times quoted to the Buyer for the supply of the Services are estimates only and under no circumstance is Brisbane Waterblasting liable for any loss, damage or delay arising from any late performance of the Services. For the avoidance of doubt, time is not of the essence of this Contract.
Where Brisbane Waterblasting supplies the Services by instalments and Brisbane Waterblasting fails to perform the Services by the quoted day for any one of the instalments, the Buyer can not terminate this Contract with regard to the remaining Services to be supplied.
All times quoted to the Buyer for the supply of the Goods are estimates only and under no circumstance is Brisbane Waterblasting liable for any loss,
Damage or delay arising from any late supply of the Goods. For the avoidance of doubt, time is not of the essence of this Contract.
Where Brisbane Waterblasting supplies the Goods by instalments and Brisbane Waterblasting fails to provide the Goods by the quoted day for any one of the instalments, the Buyer cannot terminate this Contract with remaining Goods to be supplied.
The Buyer must pay Brisbane Waterblasting the Price and any other amounts payable by Brisbane Waterblasting for the supply of the Services or Goods in accordance with these Conditions of Sale.
Unless Brisbane Waterblasting specifies otherwise in writing to the Buyer the Prices and all prices quoted by Brisbane Waterblasting are exclusive of all taxes,levies, duties, and tariffs (whether direct or indirect).
If Brisbane Waterblasting is liable to pay any taxes, levies, duties, or tariffs in connection with the supply of any Goods or Services, the Buyer will pay Brisbane Waterblasting the amount for which it is liable.
Brisbane Waterblasting will issue invoices to the Buyer for the Services and for the Goods and Supplies. Unless otherwise stipulated the Buyer will pay Brisbane Waterblasting the amount specified in the Invoice issued by Brisbane Waterblasting, without setoff or deduction. Invoices are due for payment upon receipt of the Invoice.
Brisbane Waterblasting may post, fax or email an Invoice to the Buyer. The invoice will be deemed to be received on the date the invoice is posted, faxed or emailed.
Payments are to be made by electronic funds transfer to:
By credit card in store or by phoning the number on your quote/invoice (note credit card surcharge applies to payment on credit cards)
No Cash Payments, unless authorised by head Office in Store.
If any amount due by the Buyer is in arrears, the Buyer must pay, in addition to the consideration for the Services or Goods, interest on the amount in arrears at the rate 10% per annum, compounded monthly, until the full amount of the Invoice, together with all accrued interest, has been paid.
Title to any Supplies, provided with the Services, and any Goods supplied do not pass to the Buyer pays Brisbane Waterblasting the full amount owed by the Buyer under the Contract.
Risk in the Supplies and Goods will pass to the Buyer on delivery Free on Transport at Brisbane Waterblastings premises.
In this clause, the following words have the respective meanings given to them in the PPSA; account, financing statement, financing change statement, purchase money security interest, register, registration, security interest and verification statement.
The Buyer acknowledges that these Condition of Sale create a security interest under the PPSA in the Goods (which may be a purchase money security interest) and consent to Brisbane Waterblasting effecting a registration on the PPSA register in relation to any security interest contemplated by these Conditions of Sale.
The Buyer must pay all costs, expenses and other charges incurred, expended or payable by Brisbane Waterblasting in relation to the filing of a financing statement or Financing Charge Statement in connection with these Condition of Sale.
The Buyer must not charge the Goods in any way or grant or otherwise give any interest in the goods while they remain the property of Brisbane Waterblasting, nor allow any third party to acquire a security interest in the Goods.
If the Buyer makes a payment to Brisbane Waterblasting at any time whether in connection with the supply of Goods or otherwise, Brisbane Waterblasting may apply that payment to first satisfying the obligation that are not secured, then obligations that are secured, but not by a purchase money security interest, in the order in which those obligations were incurred, and then obligations that are secured by a purchase money security interest, in the order in which those obligations were incurred.
If the Buyer fails to comply with any obligation under these Conditions of Sale then, without limiting the remedies available to Brisbane Waterblasting:
The Buyer agrees to the extent permitted under the PPSA, the Buyer has no right:
The Buyer must unconditionally ratify any actions taken by Brisbane Waterblasting under this clause.
Each party must ensure that it and its employees, agents and subcontractors do not, without the prior written approval of the other, either during the supply of the Service or Goods after the expiry of these Conditions of Sale, disclose or give to any person any Confidential Information of the other, excepts as required by law.
The Buyer and Brisbane Waterblasting are entitled to disclose Confidential Information to its professional advisers but only if disclosed under a similar duty of confidentiality.
Confidential Information means all written or oral communications, documents and other information (whether on computer disk, visual presentation or otherwise).
Each party agrees to keep the PPSA Information in strict confidence and not disclose that information, except in circumstances required by sections 275(7)(b) or (e) PPSA, provided that where sections 275(7)(b) or (e) require such disclosure, the party that is required to disclose the information gives all available notice to the other party to allow that party to legally challenge the required disclosure and takes all available steps (whether required by the other party or not) to maintain such PPSA information in confidence.
Each party agrees not to authorise the disclosure of any PPSA Information to any third party pursuant to section 275(7)(c) PPSA or request information under section 275(7)(d) PPSA unless the other party to these Conditions of Sales explicitly agrees.
If Brisbane Waterblasting is directly or indirectly affected in the performance of any obligation under the Conditions of Sale by an event or circumstances which is beyond the reasonable control of Brisbane Waterblasting, Brisbane Waterblasting will not be in breach of (and, accordingly, will not be liable under) the Contract for not performing, or for the manner of its performance of, that obligation for the period of time during which and to the extent that Brisbane Waterblasting is so affected.
The Buyer acknowledges that it has satisfied itself that the Services and Goods are suitable for the Buyer’s purposes and acknowledges that it has not relied upon any warranty or representation from Brisbane Waterblasting concerning the Services or Goods.
Brisbane Waterblasting warrants that any Services supplied under this Contract will be performed by suitably qualified and experienced personnel exercising due care, skill and diligence.
Brisbane Waterblasting warrants that any Goods supplied under this Contract will conform in all materials respects to the description of the Goods included in the Invoice, and against failure due to defects in materials and workmanship affecting performance for the warranty for a period of 3 months of providing the Goods. Goods not manufactured by Brisbane Waterblasting which are warranted separately by their respective manufacturers are not warranted b y Brisbane Waterblasting and Brisbane Waterblasting will assign to the Buyer whatever rights Brisbane Waterblasting obtains under such warranties.
The Buyer acknowledges that its sole and exclusive remedy for non-conformance or defective Services and Goods is the correction of or the re-performance of or the re-supply of the non-conforming or defective Services and Goods.
Brisbane Waterblasting warrants that any rectified Services or Goods will conform with the original warranty for the balance of the original warranty period.
No warranty claim will be considered by Brisbane Waterblasting unless the Buyer completes Brisbane Waterblasting’s Warranty Claim Form (available upon request) and submits it to Brisbane Waterblasting within the applicable warranty period but in no event 10 days after the Buyer discovers (or in the exercise of reasonable diligence, ought to have discovered) the failure of the Services to conforms with the warranty.
For items purchased on a a supply only basis, Brisbane Waterblasting will not be responsible whatsoever for incorrect installation of such Goods. If you are unsure of your ability to successfully install the product you have purchased we strongly advise you seek professional assistance immediately.
The Buyer indemnifies Brisbane Waterblasting and must keep Brisbane Waterblasting indemnified, from and against any and all claims, demands, suits, liabilities, cause of actions, losses, expenses, damages or penalties, including without limitation court costs and legal fees, for personal injuries or property damage, to the extent caused or contributed to by the negligence or wilful misconduct of the Buyer.
Notwithstanding anything to the contrary in the Contract:
Brisbane Waterblasting will have all rights and remedies set out in this Contract in addition to those otherwise available at law. All such rights and remedies are cumulative. The Buyer must pay all costs and expenses paid or incurred by Brisbane Waterblasting in enforcing its rights under or in connection with this Contract and the supply of the Services or Goods including, without limitation, legal fees and court costs.
Brisbane Waterblasting maintains for itself the following insurance:
Other insurances, including contract works insurance, can be obtained by Brisbane Waterblasting at the Buyer’s cost.
Brisbane Waterblasting will not name or note the Buyer as an additional insured or interested party in any of the policies of insurance maintained by Brisbane Waterblasting and will not waive any rights of subrogations.
Brisbane Waterblasting may terminate the Contract:
If Brisbane Waterblasting terminates this Contract in accordance with the previous paragraph, the Buyer will have no claim against Brisbane Waterblasting.
The Buyer may only terminate the Contract or cancel all or part of an order for Services or Goods with the written consent of Brisbane Waterblasting. If the Contract is terminated or an order is cancelled before commencement of the supply of the Services or Goods. The Buyer must pay to Brisbane Waterblasting an amount equal to 10% of the Price. If the Contract is terminated or an order is cancelled after commencement of the supply of the Services or Goods, the Buyer must pay to Brisbane Waterblasting the amount equal to the Price of the Services or Goods unless otherwise agreed by Brisbane Waterblasting in writing.
The Buyer agrees that it is in Brisbane Waterblasting’s sole discretion whether or not Brisbane Waterblasting agrees to: terminate the Contract, cancel an order or part of an order, reduce the amount payable by the Buyer on cancellation or termination.
If a party considers that a dispute has arisen in connection with the Contract that party must give the other party written notice detailing the nature of the dispute and an outline of what is being requested to resolve the matter. Within 10 Business Days after a receipt of a notice of dispute, the dispute must be referred to an authorised person, or their delegates, to attempt to resolve the dispute and, failing resolution, to agree to an alternative method of resolving the dispute.
If the parties’ authorised person, or their delegates, do not resolve the dispute, or agree to an alternative method of resolving the dispute, within 15 Business Days (or such other period as the parties may agree) after notice of the dispute is served, then either party may commence mediation by giving notice to the other party and referring the matter to an approved mediator.
The rules nominated by the approved mediator apply to any mediation under the Agreement and the parties must comply with those rules.
If 25 Business Days after the notice of dispute has been served (or such other period as the parties agree) the parties have not resolved the dispute or agreed an alternative means of resolving the dispute either party may initiate proceedings in a court. Until such time neither party may initiate proceedings in a court. Until such time neither party may initiate court proceedings except for urgent injunction or declaratory relief in relation to any matter arising under the Contract.
Unless Birsbane Waterblasting expressly agrees in writing otherwise, the Invoiced issued by Brisbane Waterblasting and these Conditions of Sale constitute the entire agreement between Brisbane Waterblasting and the Buyer. The Contract supersedes all previous agreements about its subject matter and embodies the entire agreement between the parties
In the Contract: