NOW BUILDINGS (a registered business name of Shedsnow Pty Ltd ATF Walkers Trust) (ABN 98 320 570 179) (“The SELLER”) sells goods to the BUYER (to whom the quote is addressed) only on the following terms and conditions.
1.1 The method of transport used in the delivery of goods to the BUYER shall be at the option and sole discretion of The SELLER unless the BUYER requests a particular method of transport and The SELLER agrees to same in writing.
1.2 The SELLER will arrange for a cartage contractor to deliver the goods ordered by the BUYER to the BUYER’s premises or to a site nominated by the BUYER, unless the BUYER has elected to collect the goods from the SELLER’s nominated depots. The BUYER shall give at least 48 hours’ notice of the date and time of his intended pick up, subject to the SELLER’S consent.
1.3 The SELLER shall have the right to vary the estimated delivery date to a date that is reasonably necessary for the supply of goods. The SELLER shall not be held liable for any loss or damage, including, but not limited, to any consequential or indirect losses to the BUYER caused by any variation of the delivery date.
1.4 The BUYER shall notify The SELLER, in writing, within 7 days of the date of delivery of goods (“the claim period”), of any defects appearing in the goods, and if the goods are not in accordance with bill of materials specified in the quotation. Failure to notify the SELLER within 7 days shall result in the SELLER not accepting the return of defective or damaged goods of any kind whatsoever. The SELLER’s liability shall only be limited to replacement of defective or damaged goods, and shall not include any consequential and indirect loss. The BUYER acknowledges that if SELLER honours claims outside the claim period that the SELLER shall not be responsible for any costs associated with any delay of resupplying the defective or damaged materials.
1.5 If the BUYER’s premises are unattended when the cartage contractor delivers the goods to the BUYER’s stipulated address, the signature of the person who delivers goods on the delivery docket shall be prima facie evidence that the goods were delivered to the stipulated address.
1.6 In the event that if Roller doors are to be supplied with the building, the BUYER acknowledges that if the SELLER is unable to supply them to site with his insured carrier then the BUYER will have to nominate another site for delivery of the Roller doors on the SELLER’s carrier’s route.
2 CLAIMS FOR GOODS DAMAGED IN TRANSIT
2.1 The SELLER sells the goods including costs, insurance and freight (CIF) to the designated place of delivery. In the event that the BUYER arranges transport and delivery themselves directly with a transport/cartage company then that contract or arrangement shall not bind the SELLER and the SELLER shall not be liable for any damage whatsoever to the goods in transit, for any delay in delivery, and for wrongful delivery.
3 PRICES, DEPOSIT AND PAYMENT
3.1 The purchase price shall be subject to price increases in the price of steel as published in the Bluescope Steel notifications to the SELLER (“notice of increase”). The SELLER shall provide to the BUYER a notice of increase 14 days prior to the price increase. If production of any goods is commenced during the 14 day period under the notice of increase, the BUYER shall not be required to pay the increased price.
4 INSURANCE AND RISK IN GOODS IN TRANSIT
4.1 On any sales for which the BUYER arranges to collect the goods and transport the goods to a destination chosen by him, the BUYER accepts full responsibility for all risks to the goods, from the time of collection of goods from the SELLER’s premises.
5 DESCRIPTION OF BUILDING PRODUCTS AND SAMPLES
5.1 The SELLER acknowledges that the BUYER will rely on specific engineering drawings and certificates supplied to the BUYER by the SELLER in the quotation for specific products. All information contained in any material whatsover in relation to the goods supplied by the SELLER in any catalogues, price lists, publications, advertisements and any other material whatsoever (“the material”) of the SELLER are approximate only and are only intended by the SELLER to be of a general description. The SELLER shall not be liable for any misdescription, inaccuracy or any incorrect information in any material to the BUYER for any loss or damage caused by the information, including but not limited, to consequential or indirect costs which may be suffered by the BUYER relying on any such information.
6 PAYMENTS AND ACCEPTANCE
6.1 The BUYER on signing and accepting the Quote & Terms and Conditions, shall pay 25% of the purchase price, at which time Engineering Drawings and Certificates will be prepared and issued to the BUYER. On payment of a further 50% of the purchase price, the SELLER will commence production of the goods. The BUYER shall pay the remaining balance of the purchase price (25%) 7 days prior to collection of the goods, or prior to delivery by the SELLER to the site.
6.2 All goods supplied by the SELLER remain the property of the SELLER until the goods are paid for in full, at which time the property and the risk in the goods passes to the BUYER.
7.1 The BUYER agrees that construction of the building shall be undertaken by a competent person. If the SELLER introduces an independent contractor to the BUYER, the SELLER does not represent, hold out or warrant the Contractor’s skill, ability and competence in the construction, management and supervision of the building. It is the responsibility of the BUYER to satisfy themselves that the contractor is licensed in accordance with any legislation applicable and has the ability, experience and resources to construct the building and all ancillary works associated with the construction of the building. All payments to the SELLER are for supply of goods only, as specified in the quotation.
8 COUNCIL, CERTIFIERS OR SHIRE APPROVAL
8.1 If the quotation for the building is subject to council approval, in the event that approval is not granted, and proof of the refusal of the application together with rejection notification is provided by the BUYER to the SELLER, within 7 days of such refusal, the SELLER agrees to refund the 25% deposit paid less the cost of any special engineering requested by the BUYER (the refundable amount). It is acknowledged by both parties that on the rejection of any application to the Council, the BUYER shall notify the SELLER of such rejection, and give the SELLER, at the option of the SELLER, an opportunity to satisfy the Council’s request, in order to obtain approval for the shed. In the event that the SELLER cannot satisfy the Council’s requirement for approval, without changes in the building structure and/or increase in price, then the SELLER shall refund the refundable amount.
8.2 The parties agree that if the BUYER has elected or requested the SELLER to commence production of the goods, prior to any relevant building approval being applied for, being granted by the Council, or the Council having not yet processed the building approval, then clause 8.1 shall not apply to these terms and conditions.
9 SCOPE OF LIABILITY
The SELLER will not be held liable for any direct loss or damages, including, but not limited, to consequential and indirect loss and damage:
9.1 If the BUYER locates the building outside of the region or terrain criteria that is stipulated in the quotation and engineering plans.
9.2 If caused during the construction of the building. The building is designed for a wind speed based on the completed building. The BUYER shall be responsible for any damage caused by windspeed during construction of the building, and carries the risk of any damage to the building, including consequential and indirect damage, during construction. The BUYER should take out insurance for any such risk himself and satisfy himself that that any contractor is insured for such risk and has the experience for construction of such sheds.
9.3 If the shed has been damaged in any way whatsoever, or is in need of repairs for any reason, and the damage and/or lack of repair affects the structural integrity of the building.
9.4 If an extreme weather event takes place in excess of the design wind speed for the shed. The BUYER may choose to insure the building for an extreme weather event at his choosing.
9.5 If any additional walls, awnings, loads or any other attachments, structural modifications or changes in the building have been made or added to the original building design without the SELLER’s structural engineer’s express written consent.
9.6 Relating to physical or financial injury, loss or damage or for the consequential loss or damage of any kind arising out of the supply, design, assembly, installation or use of the goods, arising out of the SELLER’s negligence or in any other way whatsoever save and except for direct damage to the goods themselves, and the limit of liability of the SELLER shall be liable for the repair or replacement of the damaged goods, at the SELLER’s option. Subject to any applicable State or Federal Statute to the contrary the SELLER’s loss is limited to replacing the shed and does not cover any other damages including any goods stored in the building.
10 FOOTING DESIGNS
10.1 The engineering plans for the footings are based on cohesive soils classes A, S, or M. If the BUYER intends to site the building on a site outside this criteria the BUYER should request in writing and obtain an amended design and an additional fee may apply.