Terms & Conditions of Sale
TERMS AND CONDITIONS OF SALE of AUSTIN HOIST AND CRANE P/L
ACN: 098 962 988 ABN: 24 406 415 267
OFFER TO SUPPLY / QUOTATION VALIDITY
Unless otherwise advised in writing our offer is valid and open for acceptance for a period of 30 days* from the date of quotation. Notwithstanding; the details of our quotation are subject to confirmation upon receipt of the official purchase order, drawings, specification details and our re assessment of the proposed requirements, including the installation programme and procedures.
*Due to the volatile nature of steel prices and an increasing upward trend forecast by the Steel Industry to continue for sometime into the future, it is necessary for our company to pass on any applicable increases in the cost of steel that may influence our quotation / offer.
Prices quoted are subject to the provisions of rise and fall. The base date thereof being the date of the quotation.
All variations in duty and exchange rates or additional taxes or levies to those applicable shall be paid by the customer.
Unless otherwise advised in writing our quotation does not include the cost of transport, unloading, installation and commissioning.
GST, if applicable, is additional to the price.
Please note that our quotation is subject to withdrawal by us at any time prior to our acceptance of the order and subject to review pending and following the submission of final drawings and specifications for customer approval.
ORDER ACCEPTANCE
An order once accepted by us may not be cancelled or altered except upon terms and conditions satisfactory to Austin Hoist and Crane Pty Ltd; which, in the case of cancellations may include payment of a cancellation fee, which includes all expenses incurred by way of labour, materials, overhead expenses, fees, duties, taxes and loss of profit).
An order placed by the purchaser shall, when accepted by us, give rise to a binding contract which shall include all the terms and conditions set our herein and no variation of the terms of that contract shall be binding upon us unless in writing and signed by an authorised officer of our Company.
DELIVERY
Unless otherwise agreed in writing, our Offer to Supply and / or Quotation does not include specialised packaging materials, the cost of freight, unloading, installation and installation equipment and commissioning.
Delivery times are quoted in good faith and are as accurate as we are able to estimate but are not guaranteed.
The period quoted for delivery and completion commences after the receipt by us of the deposit as stipulated in the payment terms, and all particulars, specifications, drawings, technical data, approvals or information affecting the execution of the order.
Delivery times quoted may be subject to adjustment due to prior sale of equipment before receipt of order.
With regard to items quoted which are not of our manufacture, the delivery times indicated are based on the manufacturers promised delivery to us, or upon our estimate of delivery time. Austin Hoist & Crane Pty Ltd will not accept liability for penalties or damages (either direct or indirect) for failure to deliver within the time, or by the dates quoted, unless expressly agreed otherwise in writing. Notwithstanding the fact that we do so agree, in no event will we be liable for any delay or failure in delivery if such delay or failure is caused by any act, matter or event beyond our control.
If the purchaser requests the postponement of a delivery of any item and such request is accepted by us, or if the purchaser delays in accepting or fails to accept any item, then…
(a) the purchaser shall pay to and indemnify Austin Hoist & Crane Pty Ltd from and against all costs, charges and expenses of storage, dismantling, sorting, preserving, transporting and insuring that item and of any crane, access equipment, labour costs incurred, and the risk of any loss of or damage to that item shall be borne by the purchaser; and
(b) If any condition or warranty has been made by Austin Hoist & Crane Pty Ltd that delivery of that item will be made by a specified time, then that condition or warranty shall become void.
TERMS OF PAYMENT
New Cranes, Modernisation, Fit-out:
Unless otherwise agreed in writing by Austin Hoist and Crane Pty Ltd; progress payments will be required as the work progresses to the extent of 100% of the value of the total contract upon completion.
The first payment shall be in the form of a deposit for 30% of the total contract value payable on placement of the order.
Progress payments to a further 65% of the full contract value will be invoiced monthly and are required to be paid in full prior to despatch of the crane from our works.
The balance 5% to full contract value is to be paid on the day of installation / commissioning. However, in circumstances where the installation of the crane is completed to meet the requirements of a building or construction programme and when commissioning is to occur at a later date then the balance shall be paid on the day of installation.
Service, Maintenance, Repair, Relocation:
Approved Account Customers - Strictly 30 days net following the date of invoice.
All others COD; pre- payment; or deposit and balance paid on completion.
Should a new crane installation, modernisation, fit-out, relocation, upgrade, service, maintenance and / or repair be interrupted or delayed then any additional costs incurred by our company shall payable by the customer.
Hoists / Crane Kits:
Deposit with order, balance payable prior to shipment.
LATE PAYMENT:
Late & overdue payments will be subject to a penalty charge of 18% per annum, or the highest rate permissible under the applicable law and shall be calculated from the due date until the receipt of payment by us in full. The customer shall pay such interest within 7 days of the respective invoice.
TITLE OF GOODS:
All equipment supplied by us shall remain the property of Austin Hoist and Crane Pty Ltd and title to the goods shall not be passed to the customer until the total price including any variation has been paid in full.
SUPPLY & INSTALLATION
For the purpose of interpretation Supply and Installation refers to work undertaken and carried out by Austin Hoist and Crane Pty Ltd its employees, subcontractors and appointed agents in relation to New Cranes; Modernisation; Fit-out; Service; Maintenance; Repair; Relocation.
Cranes are designed, manufactured, installed, serviced and repaired in accordance with the current Crane Code AS1418.1 & AS 2550.1
Unless otherwise agreed to in writing by Austin Hoist and Crane Pty Ltd; the training of Austin Hoist and Crane Pty Ltd employees and subcontractors in relation to site specific Safety Induction; or to meet the particular needs of customers in relation to their OHS&E requirements; shall be at the customers cost.
The applicable Award related allowances, entitlements, penalty rates for site specific work including those related for travel, meals, living away from home and others, will be passed onto the customer unless otherwise agreed to in writing by Austin Hoist and Crane Pty Ltd.
If the crane is installed onto an existing runway, the client is responsible for the structural integrity of the runway and supporting structure including foundations.
In circumstances where the customer has instructed support of the crane &/or runway by way of connection to any part of the building, including floor, foundation or other areas; it is the customers sole responsibility to ensure the structural integrity is adequate to accept the loadings.
If the crane is installed onto existing rails, it is the responsibility of the client to ensure that the tolerance of the runway and rails is in accordance with the Australian Standard and our requirements.
Customer to provide all local permits associated with the installation.
General personnel requirements of lunchroom, toilets, water, lighting, etc. are to be provided free of charge by the customer.
Except as otherwise noted all work is to be performed indoors, under roof, on hard stand and in a non hazardous area. Gas or other product transmission lines in proximity to the intended work area are required to be decommissioned and purged prior to us undertaking our work.
Protection of all existing surfaces, plant, equipment and other items near to or abutting the work area is the responsibility of the customer.
Lighting and power for installation is to be available at the date required and provided free by the customer. 240V, 1 Phase and 415 Volt, 3 Phase 50 Hertz AC power for our use (for small tools and welder only) shall be provided within 30 metres of the actual work location or site of the item.
Prior to the commencement of installation final permanent power must be available and provided to a junction box adjacent to the point where the main isolating switch is to be located and live power shall be available for commissioning purposes.
Crane installation onto the runway rails requires sufficient clearance above the top of the crane beam to facilitate the mobile crane. No allowance has been made for the removal of roof or wall panels or the use of a second mobile crane or any other alternative equipment for installation. If required, the client shall provide panel removal and reinstatement and any additional equipment.
The area where the installation and site erection work is to be carried out shall be level, flat, stable and of a suitable condition to support the delivery, unloading and installation equipment used including the work to be carried out from it; and should be free of all obstructions and other trades prior to and during installation and commissioning. The site must be accessible during normal working hours. Should site conditions, interruptions or other circumstances cause us to incur additional expenses, these will be charged to the customer.
Our prices are based on our installation crew making one visit to the job site to complete the whole installation.
Once an installation schedule is confirmed, the delivery, installation and commissioning will proceed over consecutive weekdays until completed. If postponement or delays occur as a the result of a customers delay, then additional charges will be applicable for the extra costs involved; these can include charges related to transport, freight, stand-down time, cranes, access equipment, labour hire, travel and accommodation.
Should the crane be delayed from despatch from our works after completion due to site or other delays, an additional charge will be made for expenses incurred by us. These costs include, and are not limited to, preservation and storage of the equipment including any extra labour, transport, crane and insurance costs.
Unless otherwise advised in writing by Austin Hoist and Crane Pty Ltd work conducted for customers outside of our normal working hours – Monday to Friday 8.00am to 4.00pm will attract additional charges in relation to overtime, penalty & / or call out costs.
During installation and erection, welding, drilling, burning and/or cutting will be performed as described. Additional work such as the removal / reinstatement of pipe-work, electrical cabling or ductwork, etc., permits, shall be the customers responsibility and at the customers cost.
Austin Hoist & Crane shall not be liable for consequential damage or loss arising as a result of cutting, welding or otherwise performing the function of the works required during delivery, installation, load testing and commissioning. This extends to but is not limited to the rectification of existing paintwork or other surface finishes, tools, plant, machinery, equipment, pipe-work, ductwork, electrical cabling, etc.
Additional charges will apply in circumstances where steel reinforcement or other materials prevent or impede the drilling or cutting of concrete, masonry and similar materials.
If weather or climatic conditions are considered to be unsuitable and in breach of OHS&E Regulations at any time before or during installation, then work may cease or terminate until such time as it is deemed safe to resume.Austin Hoist and Crane Pty Ltd shall not be liable for any interruption or cessation of work nor additional costs incurred by the customer, its contractors or agents. Stand-down costs may apply until work is deemed safe to resume.
The customer is responsible for meeting all costs associated with the interruption of work that may arise from adverse weather conditions impacting the site.
Variations to our Scope of Work required to facilitate the installation or as directed shall be detailed; submitted for approval by the customer and fall payable by the customer prior to completion of the contract.
Where noted our quotation for installation will include allowances for transport, mobile crane, rigger, scissor lift and access equipment hire. The Occupational Health and Safety Act requires our company to ensure absolute safety at all times as per AS1470-1986 Section 2. Therefore if additional access equipment is required at the time of installation due to site OHS&E needs or other conditions then those costs shall be the responsibility of the customer.
COMMISSIONING & LOAD TESTING (Test Weights)
When the details of our quotation specify that Austin Hoist and Crane will undertake load testing and commissioning, clear access and permanent power is required. Unless otherwise noted the supply of test weights is the responsibility of the customer. In compliance with Australian Standards test weights shall be provided equal to the rated load of the hoist or crane + 10%. The supply of test weights by the customer shall be accompanied with a certified copy of a weighbridge certificate specifying the total tared weight on delivery.
COMPLETION:
As indicated and as agreed to by Austin Hoist and Crane per the delivery schedule; commencing from the date of:
1. Receipt of an official Purchase order and –
2. Receipt of a signed copy of the General Arrangement Approval Drawing clarifying all of the technical details and –
3. Receipt of the initial deposit –
Time of delivery / completion will commence from whichever is the later.
The customer or an appointed authorised representative of the customer is required to be on site during load testing and commissioning to facilitate final payment and to take delivery of the crane by way of signing the ‘Certificate of Completion’
ACCEPTANCE OF GOODS:
The Purchaser shall inspect the goods immediately upon delivery and / or installation by Austin Hoist and Crane Pty Ltd and shall within seven (7) days of delivery and / or installation give notice in writing of any matter or thing by reason whereof it may be alleged that the goods are not in accordance with the contract. In case of failure to give such notice, the goods delivered and / or installed by us shall be deemed to be in all respects in accordance with the contract.
WARRANTY:
New cranes, Modernisation, Fit-out is covered by a 12 month manufacturers warranty restricted to all OEM parts and labour only and applicable from the date of issue of the ‘Certificate of Completion’.
Service, Maintenance, Repairs, Relocation is covered by a 7 day warranty restricted to labour only and applicable from the date of completion of the ‘Work Report’.
Electrical and mechanical components supplied by proprietary manufacturers are subject to the original equipment manufacturers (OEM) standard warranties and are limited to the replacement of the part only. Warranty does not extend to labour, equipment, access, travel, cartage and accommodation costs associated with removal and /or replacement of parts.
Wear items and components of Cranes or items subject to overuse or misuse are / or the ingress of materials, or use thereof in a hostile environment, are not covered by warranty.
All warranties are void if adherence to the recommended maintenance schedules in OEM manual and AS2550 are not maintained.
For the warranty period, servicing is to be performed by an authorised Austin Hoist & Crane Service Technician or Agent.
In accordance with OH & S act the provision of safe access to the crane is responsibility of the crane owner/operator.
Failure to request in writing the installation of a dual lift control device(s) shall void all warranties.
Should safe access NOT be provided by the owner / operator an additional charge will be made for the provision of equipment to enable safe access in the event of service and/or warranty works.
Additional charges may include, but are not limited to, access equipment, hire charges, travel, cartage, accommodation and labour costs.
Cranes should only be operated by fully trained and licensed person and / or persons of competence. Failure to operate the crane in accordance with AS 2550.1 2011 or to adequately Control Risk shall be deemed a misuse of equipment and all warranties shall be void.
Ed 5/7/11
