Terms and Conditions of Sale
1. DEFINITIONS
“Company” refers to D & G Varouhakis Pty Ltd T/A Pennoscan – ABN 24 115 595 858
“Conditions” refers to the terms & conditions of sale and may be amended by the Company from time to time.
“Client” infers any person who requests a quotation or places an Order with the Company.
“Work” refers to that being required to complete by the Client, or to the specifications supplied.
2. VALIDITY
Our quotation unless otherwise stated will be firm for the period of 30 Days, thereafter subject to supply and price fluctuations without notice. The price is based on total price quoted and includes only those goods and services stated in the quote.
3. DELIVERIES AND INSTALLATION
Time of delivery and or installation will be complied with wherever possible. It is not guaranteed and is subject to extensions to cover delays caused by strikes, vehicle breakdown, traffic delays, weather, site co-ordination, acts of god or other unforeseen consequences and any causes beyond Pennoscan’s control. The client shall not be entitled to be compensated for any loss or damage due to any of the causes stated.
4 PASSING TITLE
(a) Ownership in and title to any of the goods supplied pursuant to this agreement shall remain with Pennoscan until such time as full payment has been received for all such goods and all installations and other services supplied pursuant hereto. Any part payment shall be deemed to be appropriated first toward the cost of services and then towards payment of the goods. Upon default in payment, Pennoscan reserves the right to enter your premises and recover such goods.
(b) We reserve the right to make progress claims or invoice product “Stock at Grass”
5. INSTALLATION
(a) The purchaser understands the possibility of unidentifiable cables, pipe or other equipment or services being encountered during core drilling and or excavation and accepts responsibility for any damage that may occur as the result of our installers intercepting underground cables, water pipes, steel reinforcement or any other buried objects. It is the responsibility of the client to clearly mark all underground services and or supply current drawings of underground or above ground service that may interfere with the installation of any or all products supplied by Pennoscan. Excessive Reo cutting is charged at 15cents per mm.
(b) Variations will apply if:
i) We encounter any underground objects that delay or require the movement of footings and product. Eg. Cables or Rock.
ii) Further equipment or labour be required in addition to the quotation eg Electric line spotters.
iii) After hours work is required or emergency repairs are organised on your behalf.
iv) There is no access to power or water.
(c) The purchaser also understands that our proposal does not include digging through rock, concrete, bitumen or other surfaces unless stated and is subject to site inspection. It is the responsibility of the customer to notify Pennoscan in writing if the job is to change in any form that affects the installation service described within our proposal.
This proposal does not include demolish and removal of any existing fencing, trees, scrubs, walls or other obstacles unless otherwise explicitly stated. It is the responsibility of the customer to have the site ready in its entirety prior to Pennoscan starting on site. If site conditions change, making access more difficult than originally allowed for, additional charges may be incurred. In the occurrence of a futile trip, a call-out fee will apply. Pennoscan must be notified in writing no less than 48 hours ahead of a change that prevents or changes scheduled works.
If the site is other than clear and completely ready for installation, additional hourly rates for demolish & removal will be applicable to ready the site by Pennoscan staff, or alternatively a re-establishment fee will be payable if the site is unable to be started as indicated. All quotes are based on a one-visit basis unless specified. Disjointed works will result in additional labour fees. All quotes are based on stated scopes of works. Variations to size of scope will affect rates. Pro-rata rates are not applicable for reduction in job scope of works.
It is the responsibility of the client to provide Pennoscan with all current documentation for tendering purposes, including but not limited to, drawings, scopes of work, specifications, project programs, deadlines, and other relevant documents. Any updates to these documents affecting relevant works are required to be sent to Pennoscan as soon as available, with notes reflecting changes. These changes may incur a variation at Pennoscan’s discretion.
6. WARRANTY
(a) Pennoscan warrants the labour works carried out by us for the period of 3 months from commissioning where the site is within 60 minutes’ drive of our offices.
(b) Pennoscan warrants the equipment manufactured and installed by it to be free from defects in material and workmanship for 12 months after supply and or installation. Pennoscan will repair or replace at its option any product or part which determines to contain defective materials and workmanship. Liability for replacement parts or repairs carried out by Pennoscan does not extend the original 12 month warranty period.
(c) Our warranty does not extend to “fair wear” and “tear”, negligent or incorrect use of the product. Fault or failure caused by Acts of God, terrorism, accidental damage, maltreatment or interference with the goods is specifically excluded. This warranty is in lieu of all other warranties expressed or implied. Pennoscan shall not be liable for any special indirect, incidental or consequent damages of any kind or nature. Terms and Conditions of Sale Pennoscan Pty Ltd ABN: 24 115 595 858 Telephone: (1800) 459879; Facsimile: 02 8678 7547 www.pennoscan.com.au T033 – 1.2
(d) Installation must be in accordance with Pennoscan’s installation, operation and maintenance instructions.
7. PAYMENT
(a) Unless otherwise agreed expressly in writing, the terms of payment shall be upon completion of work and Goods will not be left on site without payment or active account.
(b) Where equipment or product is specifically manufactured for each project and is site specific or the quotation value exceeds $3,000, a 30% deposit is required on equipment or product before manufacturing and/or installation can commence. The balance is payable on shipment.
(c) Liquidated damages and retentions will not be accepted unless agreed upon in writing prior to any Purchase Order being received. We reserve the right to adjust our quotation accordingly where the head contract stipulates retention monies be withheld.
(d) Payment claims are made under the Building and Construction Industry Payments Act in each state or territory.
(e) The rate (or rates) quoted by the Company will be used to determine the total cost of the Work. The Company shall be entitled to alter the rate (or rates) if the Client alters the specification or requirements of the Work. The Client shall pay the Company in accordance with the terms of payment as stated in the Quotation or in accordance with such terms as may be otherwise agreed upon in writing between the Company and the Client. The Client shall not be entitled to withhold any payment unless stipulated in a Tender document and agreed to in writing by the Company.
(f) Where any payment is not made in accordance with the terms stated on the quotation, Pennoscan shall be entitled to charge interest at a rate of 3% per month calculated from the last date upon which the payment should have been made, and accruing up to and including the final date of such payment and any or all legal charges associated with the delinquency of payments. Additionally; Pennoscan reserves the right on such occasions to charge the purchaser an administration fee of 20% for any delinquent monies. Any and all fees and charges associated with debt collecting and legal costs shall be paid for by the client.
8. RETURN OR CANCELLATION
Returns are only accepted within 30 days of invoice on certain products. Credits will only be granted after inspection of goods. All returns are subject to 20% re-stocking fee on product. Damaged goods will not be accepted. Returns or cancellations are not available on Gates, Stainless Steel Turnstiles, Stainless Steel or Mild Steel Retractable Bollards or other custom made products.
9. SITE DELAYS
Unless specified in our quotations, this company reserves the right to make additional charges in regard to site allowances, additional labour costs due site union requirements. Where the company personnel attend site but are unable to perform any duties due to site requirements preventing them, additional charges will be incurred to cover the cost of returning to site.
10. GENERAL
(a) Unless verified or modified in writing and signed by both parties by persons having authority to sign the same, the following terms and conditions shall form the basis of any contract between the company and the Purchaser. The placement of any orders upon Pennoscan implies acceptance of these terms and conditions and takes precedence over any other terms and conditions written or oral. Any variation to the terms and conditions will be supplied in writing from Pennoscan.
(b) Any advice, recommendation, information, assistance or service provided by Pennoscan staff in relation to goods or services sold or installed by it or their use or application is given in good faith and is believed by the company to be appropriate and reliable. The Purchaser acknowledges that such advice. Recommendation, information, assistance or service are provided as an act of good faith and do not indicate any expertise peculiar to the company and acknowledges that such advice, recommendation, information, assistance or service is provided without liability or responsibility on the part of the company. Footing detail drawings provided by Pennoscan are a guide only to suit most applications. Site-specific soil conditions may vary the size of the footing required.
(c) The Client agrees regardless of any negligence on the part of Pennoscan, to release, hold harmless, indemnify and keep indemnified, the Company from and against all liabilities, claims, damages, losses, costs and expenses of whatever nature, however occurring, which may accrue against or be suffered by Pennoscan arising out of or in any way connected with the performance of the services, unless caused by willful misconduct of the company or any of its agents or employees acting within the scope of their employment. Provided that nothing in this agreement is intended to limit or exclude any warranties implied by the Trade Practices Act, including the warranty that the services will be rendered with due care and skill.
11. LOCATION,SCANNING & GPR:
It is the responsibility of the Client to clearly locate the position of the Work by way of survey or other appropriate method and where applicable, the Client shall provide precise drawings setting out the position of the required Work. The Client is to locate and label all underground services within 1.5m of the location, and the Company will accept no responsibility or liability for any damage done to underground services due to failure of the Client to locate and/or advise of location of same. Whilst on site, the Client is to provide the Company’s employees or sub-contractors access to water and power, plus toilet amenities, where practicable. Appropriate vehicle access to the site is to be provided at all times.
Pennoscan can organise an underground services check at a cost of $400 for the first hour, and $200 per additional hour exclusive of GST. Pricing valid for Sydney metropolitan area only. If Fibre Optic is present, Ground Penetrating Radar (GPR) or similar service is compulsory prior to commencing work. Due to the nature of GPR, pricing is based on a job-by-job basis. Alternatively clear marking can be provided by the client, with all responsibility on the client for any unmarked services struck.
(LEGISLATIVE DUTY OF CARE) DISCLAIMER:
If the assets have not been exposed using non-destructive digging or Hydro Excavation; Pennoscan and its Servants and Staff / or Agents hold no responsibility whatsoever for any asset strike or asset damage.
Drill, core or cut penetrations at your own RISK.
1. A risk was present prior to our engagement. You have engaged us to minimise that risk. Whist every effort will be made to identify hazards, the technology does not necessarily identify all potential hazards.
2. No representation or warranty is made to the effect that all risk is eliminated.
3. Ground Penetrating Radar and electronic tracing does not allow us to physically see into the ground/concrete. Local phenomena may distort readings or their interpretation. Any marking or positive results are indicative only and require further visual confirmation.
4. To the extent permissible by law, you release us from any loss or damage caused by us not locating or identifying a potential hazard.
Pennoscan reserves the right to amend the Terms and Conditions of Sale at any time and may notify the customer by one the following means; 1. uploading the current T&C’s on the Pennoscan Website, 2. notification via digital newsletter or 3. individually on a job-to-job basis.
