The following text is the content of our Standard Terms and Conditions relating to our services: Gray Projects Pty Ltd Standard Terms & Conditions Of Trading
The following are the Standard Terms and Conditions of Trading for Gray Projects Pty Ltd (GPP)
ACN - 142 065 423 ABN - 75 667 283 508.
All projects carried out by GPP proceed under these Terms & Conditions.
This quote (and any future or subsequent correspondence from GPP) are based on the following conditions of trading which conditions shall be deemed to be incorporated in any contract based upon this quotation to the exclusion of all other terms and conditions whatsoever (except as otherwise agreed in writing expressly referring to these conditions between the customer and GPP). This quotation is an invitation to treat only and is subject to confirmation by GPP on receipt of the order. Drawings (A)
The plans, drawings, specifications and samples submitted by GPP (whether before or after the making of a contract)
are the property of GPP to be used by GPP only. They may not be used by the customer or reproduced or divulged to a third party without GPP's written consent. Variations (B)
(i) In the case of any discrepancy between drawings and specifications, the specification shall prevail.
(ii) The specification and quotation detail the work allowed for and variations caused by the requirements of Local Authorities or Surveyors or by physical conditions on site which were not known to GPP at the time of quotation or by changes in the customer's instructions will be charged or credited accordingly.
(iii) GPP agree to complete these works within the time stated by GPP in writing. But overtime work at the customer's
request to complete the work before this date may incur extra charge.Materials (C)
(i) GPP provide no warranty of fitness or purpose in relation to products or materials which have been specified by the customer and which are referred to in the quotation.
(ii) GPP will strive to match materials which vary in colour, figure and/or texture but samples submitted must only be taken as a reasonable example of the bulk (e.g. marble, stone, timber, anodised metal, etc).
(iii) Any existing materials or structures on site replaced by these new works will be taken away and will become the property of GPP unless otherwise confirmed in writing. Insurance (D)
Upon delivery the risk of all materials and products which are both delivered to the site and intended to be incorporated in or form part of the work shall pass to the customer and he should insure accordingly. Ownership (E)
The property in any materials and products which are delivered to the site shall not pass to the customer unless and until:
(a) such materials and products are incorporated into the works by GPP in such a way that they become part of the fabric of the site/building, or,
(b) the customer pays in full for such materials and products, whichever shall occur first. Fixing Facilities (F)(Site)
The customer shall provide GPP with full free and uninterrupted access to the site at all times and shall provide on-site, without charge, an adequate supply of water and electricity during the progress of the work, and facilities for the storage of plant and materials necessary for carrying out the work. Any delays, extra work or costs or losses caused as a consequence of the failure for any reason of the customer to provide such access, supply or facilities or for any other reason within the control of the customer shall be charged to the customer as an addition to the contract sum.Liabilities (G)
(i) GPP shall be responsible for damage to existing material, stock, merchandise, fixtures, fittings or goods on the site not the property of GPP, provided always that the damage is due to negligence of GPP.
(ii) GPP shall not be responsible for loss or delay resulting from causes outside their control (including but without limitation, extreme weather events, strikes, lock-outs, acts of terrorism or ‘working to rule') and work may be partially or wholly suspended upon notice being given by GPP until the dislocation in working is ended.
(iii) For the avoidance of any doubt GPP will not be responsible for damage to work on site by fire, flood, excessive damp or heat or other causes operation before or after completion of the work which are beyond GPP's control.
Defects After (H)
Subject to (C) (i) above should any defects arise which are due to faulty workmanship carried out by GPP and/or their sub-contractors they shall be rectified without charge provided that notice of such defects shall be given in writing by the customer to GPP within 14 days of discovery of the defects and in any event within 3 calendar months of completion of the work. Payment (I)
(i) Applications for payment will be rendered at intervals as work proceeds as set out in writing by GPP prior to commencement of the works.
(ii) GPP may suspend work (after giving 7 days prior written notice) if the customer fails to pay as contracted. Any loss and expense suffered by GPP as a result of such suspension under this clause shall be added to the contract sum.
(iii) Interest will be charged by GPP at 5% above Federal Bank base rate on any unpaid stage payments.Termination (J)
In the event of the customer's premises being destroyed or substantially damaged by fire, the customer shall be at the liberty to terminate the contract by written notice to GPP upon paying GPP the value of the work actually executed, and materials and products supplied or appropriated to the contract and any loss or expense caused to GPP including any loss for consequential profit.Terms (K)
The quotation is net and does not allow for any discount, trade or cash, except such as may be expressly specified therein. Unless specifically stated to be given on a ‘fixed price contract' basis, quotations are based on current prices of materials and products, current wage rates, employment conditions and statutory liabilities. Increases or decreases of the contract sum may be made for changes which occur to the foregoing current prices either before the commencement of the work or during its progress. GPP shall furnish evidence of changes in process of materials and products and/or labour if required by the customer. If the quotation is given on a ‘fixed price contract' basis then the contract sum may be increased or decreased to take account of changes in GPP's statutory liabilities notified and taking effect after the date of the contract and before practical completion of the work.GST (L)
All references to the ‘contract sum' in these conditions and references to such sum exclusive of any tax and the customer shall pay to GPP any tax properly chargeable on the supply to the customer of any goods and services by GPP under this agreement. Adjudication (M)
Should any dispute or difference arise between the Parties under the Contract then either Party shall have the right to refer to that dispute or difference for adjudication to a registered Adjudicator to be appointed. Following referral of a dispute for adjudication under this clause it shall be a condition precedent to the commencement of arbitration or litigation proceedings in respect of the same dispute or difference, that the adjudication be fully carried out as an obligatory first stage dispute resolution procedure.
Subject to (M) above, any dispute arising out of or relevant to the contract shall be referred to an Arbitrator mutually agreed by the parties or failing agreement within one week after notice in writing requiring concurrence in the appointment of an Arbitrator by either party to the other, to any Arbitrator as recommended by the BSA - Queensland.
Advertising Consent (O)
Upon satisfactory completion of works, GPP may use any photographs/images taken for advertising/marketing purposes (print or electronically). GPP will also be permitted to use the customer's name and corporate ID/logo for advertising/marketing and as such the customer should provide electronic imagery to GPP upon reasonable request.