TERMS AND CONDITION
b. Following provision of the Quote by TCS and in addition to the Contract Price, the Client will be liable to TCS for any variations, substitutions, additions, modifications, customisations, transportation, assembly of Products or installations, delivery, on-site scheduling, on-site accommodation, provision of traffic control or any other item(s) whatsoever required by TCS to provide or deliver the Products and Services to the Client.
c. Provision of clear, adequate and unobstructed access to the delivery site and/or work site is the sole responsibility of the Client and all costs incurred by TCS, contractors and/or agents as a consequential result of any obstruction or otherwise will be borne by the Client.
d. The Client must be present at the delivery site and must sign TCS’s delivery docket to acknowledge that the products and quantities described on the delivery docket have been delivered and comply with the Client’s order and that the Client also accepts any applicable delivery surcharges. Where the Client does not sign or is not available to sign the delivery docket, the signature of the driver on the delivery docket shall be prima facie evidence of delivery to the Client of the products and quantities described on the delivery docket including any applicable surcharges.
e. The Client will hold all Products and Products and Services as an express fiduciary bailee until payment of all monies owed by the Client to TCS. Risk in the Products or Services will pass to the Client on delivery and the Client irrevocably acknowledges and agrees to hold and maintain sufficient and adequate insurance for the full replacement value of the Products and Services.
f. Until payment is made, the Client shall hold the Products and Services in such a manner that they are clearly identifiable as the property of TCS. The Client acknowledges that if it sells any of TCS’s Products and Services, it sells the Products and Services as a fiduciary agent of TCS provided that such sales shall not give rise to any obligations on the part of TCS with proceeds held on express trust by the Client for TCS. The Client warrants to keep account records of trust monies and must immediately produce books and records of accounts to TCS on TCS written demand.
g. Payment is strictly 7 days from the date of invoice and TCS may charge the Client interest at 2% per month and calculated daily on all amounts not paid until payment in full.
h. The Client must pay TCS any and all costs, charges and expenses (including all stamp duty and legal fees and costs and debt recovery expenses on a full indemnity basis as a liquidated debt) incurred by TCS in execution of a right or remedy under these Terms and Conditions against the Client.
i. The Client grants to TCS a Purchase Money Security Interest (“PMSI”) over all Products and Services provided to the Client by TCS from time to time and a Security Interest over the entire Client’s property now and or in the future as security for the payment of all Products and Services.
j. The Client herby charges all property both future and present to TCS for any monies owed by the Client to TCS whatsoever and howsoever incurred.
k. All conditions, warranties, undertakings, inducements and/or representations whether express, implied, statutory or otherwise relating in any way to the Products and Services supplied under Contract are excluded to the full extent permitted by law. All loss, damages or liability, howsoever arising in connection with the Contract for any breach of any statutory implied terms, contractual conditions and/or warranties are limited to and capped at $1.00 being the agreed quantum payable by TCS to the Client.
l. The Client indemnifies TCS, its employees, agents and contractors for all and any liability arising from an act or omission or design, installation and/or use of all Products and Services causing any loss, damage, death or injury to any person, financial damages, loss of profits or pecuniary or special damages whatsoever.
m. If the Client believes that the Product and Services supplied do not conform with the order placed or that the price charged does not conform with the Quote given by TCS, the Client shall notify TCS in writing as soon as practicable, detailing the way in which the Products and Services or price do not conform.
n. Failure to give such notification within (5) five days of the date of delivery or date of invoice (whichever is sooner) shall raise the inference against the Client that the Products and Services are in accordance with the Quote.
o. TCS may at its absolute discretion and without incurring any liability to the Client, cease or suspend sale and/or provision of Products and Services to the Client or amend these Terms and Conditions on written notice to the Client.
p. The Contract is at all times governed by the laws of the State of Queensland and the Client irrevocably submits and consents to the central Court of Brisbane as having the express jurisdiction.
q. Placing of an order with TCS by the Client for Products and Services indicates acceptance of these Terms for the provision of Products and Services.
r. Quotations are open for acceptance by the Client for 30 days from the date of the Quote after which will expire.
s. All prices quoted are strictly net of all and any discounts.
t. TCS’s products may be delivered to the roadside adjacent to the delivery
site. If at the Client’s request, the delivery vehicle leaves the road and enters the delivery site to unload, the Client indemnifies TCS, its vehicle, agents and/or contractors for all damage and injury to any person and to any property which may result including any costs associated which may result including costs associated with enabling the delivery vehicle to leave the site, and the costs of any returned product.
u. Unless prior arrangements for credit have been made, payment for Products and Services is due in full before delivery. Where there is more than one load to be delivered, full payment must be made prior to the unloading of the first delivery vehicle. Payment for surcharges must be made at the time they are incurred.
v. All other conditions, warranties and guarantees which would be imported into these Terms by statute are negated except to the extent that such negation is specifically forbidden by statute.
w. In the event that it is held that one or more of these Terms are not enforceable, the remaining Terms shall apply.
x. TCS will not be liable for any delays caused by the Client not providing any specifications required to prepare Products and Services, or delays caused by the Client failing to approve incidental works to this Contract.
y. Failure by TCS to deliver any product to the Client does not entitle either party to treat this contract as repudiated.
z. Where TCS has designed, drawn or written Products and/or Services for the Client, then the copyright in those designs and drawings and documents shall remain strictly vested in TCS, and shall only be used by the Client at TCS’s absolute and express written authority.