Terms and conditions
TERMS AND CONDITIONS
APPLICATION 1. All Sales and services are made on these conditions and save for any variation or addition expressly agreed to, in writing or by electronic emailing by Roof Improvements (hereafter called "the Contractor") shall be the conditions upon which sales and services are made to the person named as "the Customer" on the quote and this document. The Customer agrees that no representations have been made other than specified work, term, and conditions as appeared on the quote.
QUOTATION 2. This quote by the Contractor shall deemed to be an offer of service and sale to the Customer only upon the specified work, terms and conditions as appeared on the quotation and herein, It does not constitute an acceptance by the Contractor
ACCEPTANCE 3. In the absence of acceptance in writing or email by the Customer of these conditions, acceptance of delivery of or payment for any of the products or equipment or services as appeared on the quote constitute an acceptance of this quotation. A payment of 10% of the quote price is payable immediately by the Customer upon the acceptance of this quote and is non-refundable should the Customer decides not to proceed with the quotation.
RISK AND PROPERTY 4. Risk in the products and goods shall be passed to the customer upon delivery. Not placed withstanding the passing of the risk, the title of the materials, fittings, products and goods supplied by the contractor shall not pass to the customer until payment in full. If the Customer fails to make any payment as it fall due or commences to be wound up or to be placed under administration or suffers a receiver or manager to be appointed or becomes insolvent or bankrupt, it shall be lawful for the contractor without previous notice to repossess the products and goods and enter any premises in which the product and goods are situated for the purpose of repossession. All excess materials and fittings at the end of the works are the property of the Contractor without regarding weather they are supplied by the Contractor or the customer.
WARRANTY 5. The Contractors obligation hereunder shall be limited to correcting faulty products during the warranty period which shall consist of 12 months for parts and labour unless otherwise agreed to in writing by the Contractor. In no event will the Contractor be liable for any incidental or consequential damage. The Contractor liability for all the portions of products or equipment not manufactured by the Contractor other than the standard commercial parts and material, shall consist only of extending to the Customer any warranty received from the original manufacturer so far as the Contractor is permitted to do so. The warranty shall be deemed void if the roof is trafficked by any person/s other than employees to the Contractor, after completion of works. The Contractor may process any claims against through its insurers and such claims shall be separate from the Contractor and not given cause or delay to hold back full payment due under the Contract. The Customer will pay a service fee to the Contractor if the Contractor is called back for Warranty and the problem is not caused by the Contractor.
LAW APPLICABLE 6. The rights and duties of the parties hereunder and the terms and conditions hereof shall be governed and interpreted according to the laws of the State NSW Australia.
ACCESS 7. The Customer agrees to give the Contractor, its employee & sub-contractors full & uninterrupted access to the property and restrain & confine all domestic pets. The Customer agrees to be present or represent during any process that required Roof Cleaning, whilst the Contractor shall take all care without consequence or incidence to prevent water damage.
INDEMNITY 8. Where the payment for installation is not made in full at the conclusion of such installation the Customer agrees that the Contractor is entitled to charge interest at a rate of 10% per week with no exceptions unless Contractor agrees in writing.
PRICES AND PAYMENTS 9. Prices are subjected to re-quote after 60 days from the date of this quotation. Upon practical completion of the contract, the Customer agrees to pay the Contractor the outstanding balance of monies due to the Contractor as at the date of said completion. Failure to make payment of any money owing on any due date by Customer will constitute a breach of Contract and the Contractor may treat the whole Contract as Repudiated and act accordingly. Any prices quoted do not Include any allowance for the unforeseen structural work. In the event of the premises or any part thereof related to the work of the Contractor being found to be affected by rot, decay, damage by infestation of white ants, termites or other insects or due to any other cause which, in the opinion of the Customer or the Contractor, necessitates replacement or reconstruction of the damage part or parts of the premises, the Customer or the Contractor may within seven days following of the discovery of such damages, terminate the Contract by giving notice in writing to the other party of the said termination and the Customer shall pay to the Contractor any expenses incurred up to the date of termination of the Contract, including a reasonable profit.
COMMENCEMENT 10. The Contractor shall commence work within 6 days (subject to satisfactory weather conditions), following the date of Customer's acceptance of the quote or at such time that may be agreed upon by both parties, in writing, and shall complete the Contract within a further reasonable period of time, such period being dependent on weather conditions. The Contractor shall not be held responsible for for delays arising from any matter over which the Contractor has no Control including, but not limiting to, disputes with neighbors, inclement weather, industrial disputation, the unavailability of materials and hazardous existing material that may of not been seen by the Contractor at the time of inspecting the Customers property.
CANCELLATION 11. No Cancellation by the Customer for the default of the Contractor shall be effective unless and until the Contractor shall have failed to correct such alleged default within seven (7) days. The Customer may cancel this order, other than defaults, upon payments of all cost incurred for any reasonably allocated to the cancelled portion of this agreement by the Contractor in accordance with generally accepted accounting principles and practices plus a reasonable profit on such cost. Should the Customer cancel an agreed sale and/or service the Contractor may further charge a cancellation fee of 20% of the quoted price.
AMENDMENT, ADDITION AND VARIATION 12. Any amendment, addition or variation to the work specified in the quote shall be the subject of a separate quote to be agreed upon by both parties before commencement of such amendment, addition or variation.
I have read the Terms and Conditions and accept this quotation
Customers Signature Contractor Signature
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Date:.............................. Date:..............................