TERMS AND CONDITIONS

1. CONTRACT

These general terms and conditions, form the contract with the customer and the contract does not include any items or conditions varying or in addition to those general terms and conditions unless such terms and conditions have been expressly agreed in writing by Austalseal. No prior correspondence, discussion or other terms and conditions form part of this contract unless stated in this contract.

2. CANCELLATION

The customer may only cancel this contract with Australseal consent and only on the basis that the ustomer meets all loss and other cost or expense, including materials purchased or ordered for quoted project(s).

3. PRICE VARIATION

Unless otherwise stated in this contract, Australseal may vary the price stated in the contract to reflect any change in costs to Australseal after the date of this contract.  

4. VARIATIONS TO SCOPE OF CONTRACT

The price is based upon:

the scope of work provided by the customer to Australseal for the purpose of this contract including, where applicable, plans, specifications (including standards and finish), schedules and any variation to the scope of work, shall be a variation of the contract entitiling Australseal to vary the price stated.

5. PAYMENT

(1) Time for payment of the amount due to Australseal, shall be of the esscence in the contract and the amount due includes the price, any variations to the price and any additional charges which Australseal are entitled to make. (2) Subject to to clause (3) and (4) the customer shall pay the amount due no later than seven to fourteen working days unless agreed with General Manager of Australseal.

(3) Prices on invoice statements are not subject to change, unless otherwise negotiated and agreed upon with Australseal General Manager. In which case appropriate documentation will be provided.(4) If payments are not received or are over due, all works carried out on site will be ceased untill customer has made a payment on all outstanding invoices and only then work will re-commence.

6. DEFECTS

(1) The customer shall immediately inspect the duties carried out at the point of completion of the job and any source of notification on any defects created from other tradesmen e.t.c., must be reported to Australseal.

(2) If notice in accordance with clause 6(1) is not given, the duties carried out on any project(s), the service will be deemed to be under relevent work advised to the customer by Australseal. standards A.S 3740 1994.

7. LIMITATION OF LIABILITY

If notice in accordane to 6(1) is not given and at any time a detected failure occurs after sand cement topping, tiling, soil topping or back filling, Australseal will not hold reponsibility for any liability and warranty will not be valid. (2) The customer shall protect all membranes (internal and external) by topping with sand cement screeding, soil, e.t.c., no later than two days after (3) If in accordance with clause 7(1) and 7(2), customer fails to comply with requirements of this contract, Australseal, in its sole descretion, may cancel any certificates issued to customer and will not hold responsibilty for any liability. (4) Section 68A of the Trade Practices Act, 1974 (The Act) enables Australseal to limit its liability for breach of certain conditions and warrants implied by the Act to the fullest extent of a condition or warranty (other than a condition of warranty implied by section 69 of the Act) is limited to one of the following (selected at the option of Australseal): (a) the replacement of membrane hence no further.(b) the labour in repairing to repair detected damage according to clause (6)1 and (6)2.

8. AMENDMENTS AND WAIVER

Australseal shall not be taken to have agreed to any amendment or waiver of any provision of these terms and conditions or of the contract unless the amendment or waiver shall be in writing signed by Australseal. No terms and conditions referred by the customer after the date of this contract shall form part of this contract unless expressly agreed in writing by Australseal.

9. GOVERNING LAW

The contract is governed by the law for the time being of the state from which the date of work on any project(s), is commenced.

10.FORCE MAJEURE

Australseal shall not be liable for any delay, damage or injury arising be reason of any event beyond its control and without limiting the generality of the foregoing such events including, industrial disputes, delayment caused by other tradesmen for non-continuous work, fire, flood, acts of God or government action.

11. SUBJECT TO STATUTE

The contract is subject to the provisions of any statute applicable to it and which may not be varied by the terms of the contract. If any provision of the contract is vold or unenforceable that provision shall be served and the remaining provisions shall continue with full force and effect.

12. NOTICES

All notices given under or in connection with this contract shall be in writing and given or delivered to the recipient at its address specified in this contract or at its registered offices or principal place of business.

13. ASSIGNMENT

This contract is assignable by the Customer in whole or in part only with Australseal's consent.

14. INSTALLATION OF PRODUCTS

Where Australseal installs products or provides services according to the customers designs, plans or specifications, the customer warrants to Australseal that the information is correct, accurate and sufficient for the specified purpose. Australseal shall not be liable for any mis- takes, wrong information, damages or injury how so ever arising in connection with the installation of products, as a result of the information supplied by the customer.

15. MEASUREMENT AND PAYMENT

Unless otherwise stated in this contract, the measurement of quantities and completed installation of membranes, for the purpose of calculating payments due to Australseal, shall be on the basis of the quantities shown on the order docket or within relation to when the project(s) where first quoted.

16. UNANTICIPATED CONDITIONS

If during the execution of the work under this contract, Australseal encounters physical conditions on the site or its surroundings which Australseal considers could not have reasonably anticipated at the date of the offer than:
(a) Australseal shall advise the customer of the existence of such changed conditions, and the measures necessary to deal with the conditions.

(b) all additional work carried out by Australseal or any loss or damage or expence incurred by Australseal as a result of the unanticipated conditions, shall be at the customers expence.

17. DELAY IN INSTALLATION

(1) Unless otherwise stated in this contract the installation of membranes shall be carried out in accordance with the program of work advised to the customer by Australseal.

(2) Where the program scheduled is delayed or suspended for any reason or caused outside the control of Australseal, all additional costs and expense incurred by Australseal by reason of such delay or suspension, shall be fully paid for by the customer.

(3) The program of work to completion may be revised and re-issue to the customer from time to time by Australseal.

18. ACCEPTANCE OF INSTALLATION

At the completion of any installation work of any type of membrane of any type of job (internal or external) under this contract, Australseal shall notify the customer at the point of completion of job. Within seven days of such notification, the customer shall provide to Australseal a list of any items of work which the customer considers to be outstanding or defective within that period. Australseal shall not be liable for any outstanding work or defects which are not notified in accordance with clause (18) and clause (7).