Conditions of Tender

CONDITIONS OF ESTIMATE/SALE

(this document/note is used for both quotes and estimates and therefore the words ‘quote’, ‘tender’ and ‘quotation’ could mean an estimate. Please refer to a
cover note, e-mail, letter or verbal communication for verification)

DEFINITIONS

“Contractor” means the company whose name appears on this quotation which has been accepted by the principal.
“Client” means the person named in this tender and includes his executors, administrators, successors and assigns.
“Work” means the work to be executed in accordance with the tender.
“Price” Shall mean the cost of the service as agreed between the contractor and the Client.
“Estimate” means an approximate judgment or calculation, as of the value, amount, time, size, or weight of something or a statement of the approximate charge for work to be done, submitted by a person or business firm ready to undertake the work.

CONDITIONS

1. The contractor has at his own expense adequate insurance cover for “public risk”
2. The contractor shall not at any time be responsible for damage to footpaths, driveways, water pipes, drains, underground services, property, etc. but is required to take reasonable care and consideration at all times.
3. In event of the works covered by this quotation being damaged or destroyed by any cause not the direct fault of the contractor then any additional cost and expense incurred as a result of such damage or destruction shall be chargeable to the client and shall be recoverable as monies due hereunder.
4. The contractor will not be held liable for any delay in completion of work due to unforeseen circumstance eg rain.
5. Where site excavation by hand or machine has been allowed for in the tender it has been assumed that the excavated material shall be of a soft and loose nature. No allowance has been made for excavating rock. Where rock is required to be excavated then the additional cost for this work will be charged direct to the client.
6. The contractor will not be held liable for damage to surfaces such as turf, pavers, concrete etc.
7. Unless otherwise specified it is the client’s responsibility to provide a suitable plan for the works to be carried out.
8. Unless otherwise specified it is the client’s responsibility to adequately mark the site to be excavated or for work to be carried out on using water proof marking paint or a similar product.
9. The client is responsible for providing complete free and easy access into the working area of the job for materials, machinery and etc. Exposed, stencil, cover-crete & other ‘specialist’ finishes are subject to upkeep & product responsibility by owners, eg, cleaning & sealing etc. The contractor will take no responsibility for color / finish matching existing concrete. 
10. The client is responsible for providing unless otherwise specified
    a) Power (240v, single phase) within twenty (20) meters of work area
    b) Mains pressure water to within fifty (50) meters of work area 
11. Where cartage of goods is part of a quotation, either directly or indirectly, increases or fluctuation in freight charges will not be carried or paid by the contractor and is considered an extra.
12. Where a retaining wall is constructed using sandstone or other types of rock in any grading e.g.” grade sandstone. It must be taken into consideration that the rock will be tipped or dumped from a truck or heavy vehicle combination and damage, chipping and other surface marks may occur. The contractor and its servants will take no responsibility for any damage, chipping or any other surface damage to the appearance of the rock. 
13. In any case of general hire it is expected that the client will be constantly onsite or will afford a supervisor or servant to be constantly onsite to provide direction for all work to be carried out.
14. General hire will be carried out at an hourly rate as advertised from time to time by the contractor. The hourly rate may or may not include the cost of freight, shipping, float charges or any extra cost such as rock breaker hire. The hourly rate does not include any extra costs such as tip/dump fees and supply of any material. 
15. All quotes are valid for 30 days only. 
16. Despite delivery of goods or part of them , the goods and materials remain the sole and absolute property of the contractor as full and equitable owner until such time as the client has paid the contractor the full price.
17. Full payment of outstanding balance must be made on day of delivery of goods or on completion of work.
18. Payment must be made to terms of invoice, a late payment fee of 10% of the balance due will be applied if payment has not been received within 14 days from invoiced date.
19. Client will be held liable for any and all costs incurred by contractor and /or supplier, including legal costs, collection fees and court costs for retrieval/collection of any unpaid invoice or money due. 
20. Where more then one client has entered into this agreement, the clients shall be jointly and severally liable for payment of the price. 
21. Payment of this invoice signifies agreement of these terms and conditions by the client and will be considered so for work carried out in any future agreement or work arrangement unless notified in writing and accepted by all parties concerned. The contractor shall inform the client of any change to our terms and conditions in writing within an acceptable time period. 
22. The client shall inspect the work upon delivery and shall within three (3) days of delivery notify the contractor of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The client shall afford the contractor the opportunity to inspect the work within a reasonable time following delivery if the client believes the work is defective in any way. If the client fails to comply with these provisions, the work shall conclusively presumed to be in accordance with the conditions of tender and free from any defect.

In the event of this being a quotation, it is advisable for the client/s to keep a signed copy of this document/note for reference.