Terms & Conditions

1. Quotes

1. All quotes are valid for thirty (30) days from the date of the quotation. If acceptance is received after this period has lapsed, the job may be required to be requoted.
2. Unless specifically stated otherwise, all quotations are based on costs of labour and materials at the date of the quotation and are subject to price variation.
3. Unless specifically stated otherwise, all quotations are based on the following assumptions:
   • that supplier items and major material items can be ordered, and stored either on site or off site;
   • that free and unrestricted access to all required work areas will be provided;
   • that the work will be conducted during regular business hours Monday to Friday 8am to 5pm;
   • that the work for which this quotation is submitted will be executed in an environment free of hazardous material.
4. The break-up of prices quoted is submitted for the purpose of a guide only. Should any of the quoted figures deviate from the actual figures, we reserve the right to revise the amount tendered.
5. The Customer must communicate acceptance of the quotation before Works will be scheduled.

Agreement

Definitions

1. Acceptance

1. Any instructions from the Customer placing an order or accepting a quote shall constitute acceptance of these terms and conditions.
2. These terms and conditions may only be altered by agreement between the parties, in writing.

2. The Works

1. ABPS will provide the Works to the Customer and the Customer will pay the Price to ABPS for performing those Works.
2. All descriptive specifications, illustrations, drawings, dimensions etc, furnished by ABPS are approximate only and are intended to be by way of general description of the Goods and do not necessarily form part of the contract unless specifically identified as such in writing.
3. Where it is practical, ABPS reserves the right to deliver the Goods and/or carry out the works in stages. In such instances, progress payments and billings for each instalment shall be due in accordance with clause 5 below.
4. Any additional work not covered in quoted costs will attract additional time charges at the current rate.

3. Exclusions

1. 3.2 Unless specifically agreed by the parties, ABPS will not:a) Be liable for the existing damages

4. Work Site Access

1. The Customer will provide free unrestricted access to all required work areas.
2. ABPS will conduct the Works between regular business hours being 8am to 5pm Monday to Friday, unless otherwise agreed.

5. Payment

1. ABPS will render an invoice to the Customer which is to be paid within 14 days under Building and Construction Industry Security of Payment Act 1999, unless otherwise stated on the invoice.
2. Invoices that are not paid by the Customer within 14 days (or the period specified on the invoice) will be deemed a Payment Default.
3. Payment Defaults will be charged interest at a rate of 2.5% per 30 days until the date of payment.
4. Payment defaults that are 30 days or more overdue may be handed over to a debt collection agency or solicitor.
5. Any costs incurred by ABPS in obtaining payment of outstanding invoices including legal costs and/or collection agency fees will be the sole responsibility of the Customer.

6. Compliance

1. ABPS will perform all work in compliance with applicable Australian Standards in force at the time of the work.
2. Where required, the Customer shall obtain (at their own expense) all licenses and approval that may be required for the Works.

7. Risk and Title of Property

1. The risk in all goods supplied shall pass to the Customer upon delivery.
2. All goods supplied shall remain the property of ABPS until all sums due have been paid in full.
3. Should full payment remain outstanding for more than 60 days, the Customer authorises ABPS to enter the premises where the Goods have been delivered or installed and regain possession of the Goods.

8. Hazardous Materials / Worksite Safety

1. The Customer shall inform ABPS of:
   • general and specific safety requirements as and when they arise, in relation to the site; and
   • any incident or potential hazard that may cause harm to ABPS personnel
2. The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
3. The Customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of hazardous materials in or about the site on which the Works (or any part thereof) are being performed.
4. If during the course of work where Works are being conducted within and around the work zone that it is found to be unsafe by ABPS, the Customer will be immediately notified.

9. Cancellation

The Customer may at its option cancel the Works, or any part thereof, at any time. The Customer will be liable to pay for materials and services provided to the date of cancellation.

10. Insurance and Warranty

1. 9.1 ABPS maintains adequate insurance that protects their property, their employees and the interest of third parties resulting from the negligence of ABPS.
2. 9.2 ABPS warrants its work to be defect free for a period of twelve (12) months from invoice date. Work completed under the Home Building Act 1998 will be covered under the statutory warranties.
3. 9.3 ABPS shall have the first option to remedy any defect within the warranty period (Warranty Work).
4. 9.4 All Warranty Work shall be conducted during regular business hours.

10. Limitation of Liability and Excepted Risks

1. The Customer acknowledges that they have made their own assessment as to the condition quality, value, suitability, and fitness for the purpose of ABPS.
2. ABPS shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the Works if the delay or failure was due to any cause beyond ABPS control, including but not limited to an act of God, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.
3. ABPS shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach of these Terms and Conditions.
4. In the event of any breach of this contract by ABPS the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
5. The Customer shall not be entitled to set off against, or deduct from the Price, sums owed or claimed to be owed to the Customer by ABPS nor to withhold payment of any invoice because part of that invoice is in dispute.