GENERAL TERMS AND CONDITIONS OF SALE
Where in these Terms and Conditions the expression “the Company” is used, it shall be taken to mean Matlan Construction Pty Ltd and the registered proprietors of Matlan Construction and their associates. (ABN: 86 965 062 718). “Goods” shall mean all goods and services supplied by the company to the customer or ordered by the company but not yet supplied. You, the customer may be referred to in these terms and conditions as “the customer”.
These terms and conditions are effective from the date of acceptance by the customer and may be amended or superseded from time to time by notice given by the company by any means.
The customer acknowledges that these general terms and conditions apply in relation to all sales of goods by the company to the customer to all orders placed with the company.
Clerical errors are subject to correction and do not bind the company.
Any photos taken during the course of the works may be used for marketing purposes. This includes use on our social media pages, website and any advertising. You may advise the Matlan Construction office if you do not want these photos used.
Prices quoted include goods and services tax but do not include any other form of taxation or impost.
Any quotations provided by the company remain open for acceptance for a period of 30 days from the date of quotation. After this time the quotation is voidable at the option of the company which may, in its absolute discretion determine this quotation and subsequently revise the price or any other conditions so quoted.
Cancellation or variations to the quote after the commencement of manufacture will involve additional charges to the customer.
Full orders can only be cancelled where no goods have been manufactured.
The customer is liable for any costs associated with their order to date as detailed by the company and its suppliers.
Where the company agrees to install goods at any premises (the “premises”) the following conditions shall apply: –
– Installation start dates and installation times are estimates only.
– The customer will provide reasonable access for the company, its employees/contractors, agents and sub-contractors to the premises during the period of installation as may be agreed by both parties to enable the company to carry out its obligations.
– The customer will provide at its own expense, connection for electricity and any other similar services required by the company for installation of the goods.
The company will be under no liability or responsibility for any loss, damage or expense however incurred by the customer as a result of: –
– Any failure or delay by the company in performing any of its obligations under the contract due to any reason beyond the control of the company; or
– Any prohibitions or restrictions under any applicable statutes, bylaws or regulations.
– Any existing defects discovered by the company during the installation shall be the responsibility of the customer. Any additional costs incurred by the company shall be the responsibility of the customer.
It is the customers responsibility to make sure all pipes and cables buried in the immediate work area are indicated before commencement of work. The company takes no responsibility for damaged cables and pipes resulting from the installation process.
6. DELIVERY OF GOODS
All times quoted for delivery and/or installation are estimates only.
The company shall not be liable for any loss or damage, including consequential loss or damage arising from delay in delivery and/or installation or failure to deliver goods, either in whole or part.
The customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery and/or installation.
Acceptance of the quotation does not mean that a 30-day account has been granted.
A 20-50% deposit will be requested on acceptance of this quotation unless other terms have been agreed to by both the company and the customer. The remaining amount is payable on practical completion of the job (not more than 14 days). Progress payments may be requested as the works progress.
Government departments, Mining, Construction and other companies are required to provide an official purchase order as acceptance of this quotation. Full payment is required within 30 days of job completion.
Non-payment will result in legal action and any additional costs incurred by the company in recovering or attempting to recover an overdue amount, the customer shall be liable to pay. Retention and penalty rates not applicable.
The company reserves the right to sub-contract the manufacture, supply or installation of any part of the goods or services to be supplied, at their discretion.
9. TITLE TO THE GOODS
All goods/materials remain the property of the company until paid for in full.
The company reserves its right to enter upon any premises for the purpose of repossessing goods. The right to repossess is without prejudice to any other rights of recovery otherwise available.