The CUSTOMER is the party referred to on the attached proposal/quotation (the “CLIENT” or the “CUSTOMER”).
The Agreement is between the SUPPLIER and the CUSTOMER.
The SUPPLIER has agreed to supply goods and services and CUSTOMER has agreed to buy goods and services on the terms and conditions set out in this agreement. No term or condition contained in the CUSTOMER’S acceptance or order or any other document purporting to relate to this agreement or any representations made by the SUPPLIER shall add to, amend or delete these terms and conditions or any of them unless expressly agreed to in writing by the SUPPLIER.
Price:
The price specified on the attached quotation is subject to:
final choice by the CUSTOMER of colour, materials and finish;
any variation by the CUSTOMER of the details listed on the attached quotation;
clear and unrestricted access for hoisting of men and materials; and
Compliance with clause 3 below.
The SUPPLIER may change the price if:
the quotation is not accepted within 14 days of issue;
there is a revision of labour and/or materials;
the SUPPLIER, in its absolute discretion, agrees to the addition of any extras requested by the CUSTOMER.
Unless specified specifically in the attached quotation, the price does not include:
any alterations to existing building services;
any work outside normal working hours;
any associated engineers fees;
any allowance for drawing up or submission of drawings to Council or any development applications or approvals required by the relevant Council or other competent authority. Unless noted, this is the sole responsibility of the CUSTOMER.
Payment:
On acceptance of the attached quotation the CUSTOMER must pay a deposit as per the payment schedule set out in the proposal.
Progress payments are applicable as per the payment schedule set out in the proposal. For the purpose of this clause ‘Practical Completion’ means, in the opinion of the SUPPLIER, the works have reached a stage of being reasonably fit for use and or/occupation.
Unless stated otherwise the price is exclusive of GST.
Interest on late payments:
Without prejudice to any other right or remedy, interest is payable on any payment referred to in clause 3.1 or 3.2 from the day after the specified date for payment.
Interest runs on a daily basis on the amount outstanding from time to time at the rate of twelve per cent (12%) per annum; and
The SUPPLIER may recover the price of the goods together with all interest forthwith from the CUSTOMER as a liquidated debt in a court or tribunal of competent jurisdiction irrespective of any claim that the CUSTOMER may have against the SUPPLIER for anything or matter related to the goods or services provided pursuant to this Agreement.
Specifications and Finish:
All measurements in the attached quotation/schedule are approximate. Colours, anodizing, materials, fabrics, glazing etc. will be nearest commercially available (in all respects) to the selected finishes
Passing of Title and Risk:
Title to the goods does not pass to the CUSTOMER until payment in full is received by the SUPPLIER from the CUSTOMER and the CUSTOMER must:
Store goods which have not been paid for separately;
Keep separate records in relation to the proceeds of the sale of any goods which have not been paid for, bank the proceeds of any such sale into a separate account and immediately remit such funds to the credit of the SUPPLIER; and
If the CUSTOMER does not pay for any goods on the due date specified in the agreement the SUPPLIER is irrevocably authorised by the CUSTOMER to enter the CUSTOMER’S premises (or any other premises under the control of the CUSTOMER or as agent of the CUSTOMER if the goods are stored at such premises) and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the CUSTOMER or anyone claiming through the CUSTOMER whatsoever.
Risk in the goods passes to the CUSTOMER upon the earlier of:
Actual or constructive delivery of the goods to the CUSTOMER; or
Collection of the goods from the SUPPLIER or any baille or agent of the SUPPLIER by the CUSTOMER, CUSTOMER’S agent, carrier or courier.
The SUPPLIER is not responsible to the CUSTOMER or any person claiming through the CUSTOMER for any loss or damage to goods in transit or any delay in delivery of the goods caused by an event of any kind by any person (whether or not the SUPPLIER is legally responsible for the person who caused or contributed to that loss or damage or delay).
The Owner’s contractor practices meeting with EVOKE PROJECTS’ Safety Standards.
The Supplier to the Agreement indemnifies the Customer of any claims, loss, damages, expense or liability arising out of the negligent act or omission of the Supplier, supplier’s contractor and subcontractors due to any defects in the design and works of the project.
Delivery
The CUSTOMER acknowledges:
The expected lead time referred to in the attached quotation is an estimate only.
The SUPPLIER is not responsible to the CUSTOMER or any person claiming through the CUSTOMER for any loss or damage caused to the CUSTOMER for non-delivery of the goods and services by the time frame referred to in the quote, does not entitle the CUSTOMER to cancel the Agreement.
Cancellation
No order may be cancelled except with consent in writing and on terms which will indemnify the SUPPLIER against all losses.
Rectification or Re-use of Existing Material / Building Alteration
The SUPPLIER’S quotation is submitted on the basis that any materials of the CUSTOMER which are to be used in connection with the quoted works conform to relevant Government regulations. Any materials not so conforming or proving to be defective shall be replaced by the SUPPLIER at the cost of the CUSTOMER.
The SUPPLIER’s quotation is given on the basis that the building where the quoted works are to be carried out is soundly constructed and capable of being altered in the manner proposed by the quotation without any other work of any kind whatsoever being required. If any additional work is required the SUPPLIER may, in its absolute discretion, increase the price of the quotation to include the additional work.
Directors Personal Guarantee
The SUPPLIER has agreed to supply the CUSTOMER with goods and services for CUSTOMER’S business at the request of the Guarantor.
In return the Guarantor guarantees to be responsible to the SUPPLIER for the price of all such goods and services supplied to the CUSTOMER, and payment of interest on any outstanding amounts owed to the SUPPLIER, and the observance and performance of all obligations placed on the CUSTOMER under this agreement.
The Guarantor acknowledges being aware that this places personal responsibility on the Guarantor for payment of the price of the goods and services supplied to the CUSTOMER, payment of interest on any outstanding amounts owed to the SUPPLIER and for the observance and performance of all obligations placed on the CUSTOMER by virtue of this agreement.
No changes in the constitution of your firm or the company of which I am a director can impair or discharge my liability under this guarantee.
Variations
Additions or changes which would attract an adjustment to this fee for costs incurred as a result include:
» Changes to the scope of works after agreement of this quote.
» Additions to the scope of services to those described for this Agreement
» Alterations to the agreed programme
Abortive Work
Should the project or part of the project not proceed, fees shall be chargeable for services provided as part of this quote or as an addition or change to this quote up to the time we are advised in writing of the change.
Deferment, Cancellation or Delay
Where the whole project is deferred, cancelled or delayed, Evoke Projects will be entitled to reimbursement for all reasonable costs incurred as the result of the deferment, cancellation or delay in addition to the fees due at that time.
Rates
Interior Designer
$ 95.00
per Hour
Senior Designer
$ 105.00
per Hour
Project Manager
$ 105.00
per Hour
Installer
$ 75.00
per Hour
These rates do not include GST, which will be added to the total summary of the additional fee calculation.
