'Timberlast W.A' means Timberlast W.A composite decking, its employees, contractors, sub-contractors and any other party authorised by it.
'Deposit' means the deposit as further described in Clause 3 of this Agreement inclusive of any terms attached thereto specially non-refundability but not limited thereto.
'Product' means the decking boards and installation of the boards or any other services contracted between Timberlast W.A and the client.
'The Timberlast W.A website' means www.timberlastwa.com.au or such other address as Timberlast WA may advise the client of from time to time in writing.
'The Manufacturer's website' means any website of any manufacturer who's product is provided by or supplied by Timberlast as set out in the website or any such other place as they may advise the client of.
'The site' means the physical locale where the delivery and/or installation are to take place.
A 6% non-refundable deposit is required before an order can be accepted or materials ordered. Receipt of a deposit and a signed and dated quotation/order is acknowledgment of agreement by the addressee of this document, "the Client" to all proposals, costs, payables and specification of goods contained in this document, the terms and conditions set out on the back of the quotation and the terms and conditions set out by the Manufacturer.
This quotation is valid for thirty (30) days from the date of issue by Timberlast W.A. Timberlast W.A is only responsible for the carrying out of works listed and agreed upon in the quotation. Any additional work required, to comply with local authority requirements and regulations, shall be completed at the clients expense.
The client agrees to pay Timberlast W.A in the agreed form between the parties. Timberlast W.A has complete discretion as to how this payment should be made and when. This will be agreed to by the parties upon acceptance of the quotation and the deposit being paid. If the client fails to make payment when due or payable, then all monies owing to Timberlast W.A shall become immediately due and payable and the client will further pay to Timberlast W.A:
a. Interest on the amount outstanding at a rate of 6% per annum, calculated monthly from the date of default to the actual payment.
b. All legal costs and associated expenses and any other expenses whatsoever, including but not limited to the full cost of debt collection, reasonably incurred by Timberlast W.A in consequence of the client's default shall be paid by the client on demand. And the client agrees that such costs shall be assessed on an indemnity basis.
If the client fails to make a due payment to Timberlast W.A then Timberlast W.A reserves the right to lodge a security interest entry for the debt on the Personal Property Security Register (PPSR) in accordance with the Personal Property Securities Act 2009 (Cth) (PPSA). The client understands and accepts that it is at the discretion of Timberlast W.A to either lodge a purchase money security interest (PMSI) or a standard security interest.The client authorises Timberlast W.A to place a security interest over personal property including but not limited to motor vehicles, boats, caravans, trailers, artwork, crops, inventory, livestock, plant and machinery, shares, intellectual property and investment instruments.
The client agrees to do any anything required by Timberlast W.A for the purposes of:
i) Ensuring that the security interest is enforceable, perfected and otherwise effective; and/or
ii) Enabling Timberlast W.A to apply for any Registration, complete any Financing Statement or Financing Change Statement or given notification, in connection with the Security Interest; and/or
iii) Enabling Timberlast W.A to exercise rights in connection with the Security Interest; and/or
iv) Ensuring that Timberlast W.A has priority over all other Security Interests in the goods.
Disputes and/or claims do not constitute grounds for non-payment of amounts other than those in dispute.7. ACCESS
The client warrants that the site will be clear, level and free of hindrance prior to the commencement of any work. The client must provide adequate access to electricity. If Timberlast W.A attempts to access the site and is unable to reasonable do so the charges related to travel and delivery within the quotation will have taken to be spent and any additional attempts will have to be renegotiated and paid for.It is the responsibility of the client to inform Timberlast W.A of any services, examples being but not limited to plumbing, reticulation, septics, drains, electrical wire, that may affect the installation of the deck. No party may access the working area except with approval from Timberlast W.A. If requested by Timberlast W.A to leave the working area the client must agree and comply immediately. The client indemnifies Timberlast W.A against unauthorised trespass to the working area and to the site any person.
If the client provides to Timberlast W.A the measurements of the site where the product is to be installed it takes all responsibility for these measurements being correct. The risks of any costs associated with the failure of measurement lies entirely with the client.
The work of making and installing the product will be carried out in accordance with the quotation. Specifications of materials and hardware are available from both the Timberlast W.A website and the Manufacturer's website. It is the clients responsibility to obtain there specifications and conduct due diligence to ensure the product is appropriate and suitable. These specifications include, but are not limited to:
a. Variations in the pattern, the stain and the grain or variations from the sample, are not defects.
b. Weight rating
c. Warranties (including manufacturers warranties)
d. Templating specifications
g. Joints and tolerances
h. Durability and reparability
i. Care and cleaning
j. No responsibility for items not supplied by Timberlast W.A
The warranty is limited to the original purchaser and property owner and cannot be transferred. The product is covered by a 10 year manufacturer's warranty which is subject to the installation guidelines and subject to inspection. For the details of that warranty contact the Manufacturer.The installation of the product is covered with a 12 month labour only warranty. If the client claims the installation is defective the client must advise Timberlast W.A by written notice as soon as possible. Timberlast W.A will rectify, at their costs, defects in the installation works notified in writing within a period of 28 days (subject to material availability and remanufacture time) commencing on the day that Timberlast W.A receive notification PROVIDED THAT the client offers reasonable access to allow Timberlast W.A to rectify such defects.
Reasonable access is defined as access during the hours of 8.00 am to 5.00 pm Monday to Friday excluding public holidays.The client agrees not to request compensation for loss of wages due to this reasonable access. However, subject to law, Timberlast W.A do not have to rectify:
The maximum period of Warrantee is 10 Years and for each year or part thereof (shorter than a year) that expires since installation a 10 percent deduction per year (or part thereof) shall apply being calculated as a deduction against the original purchase price. As an example if the product has been installed for 7 years only a 30% of original price remains warrantied.11. FAILURE TO COMPLY WITH QUOTATION
12. QUOTATION IS SUBJECT TO CHANGE IF NOT ACCEPTED WITHIN 30 DAYS13. INTEREST
14. RISK AND INDEMNITY
All risks in any product ordered by the client shall pass to the client from the time the goods are received or installed in the client's premises. If the client receives the goods at the office of Timberlast W.A they are responsible for all risks associated with the transporting of the product. The client may, within 3 working days of receiving the product or installation, examine the products and notify Timberlast W.A of any damage. If the damage is a result of the client transporting of the goods Timberlast W.A takes no responsibility. Damage reported after 3 days will be deemed to be post-delivery/post-installation and the client may be charged for the cost of replacement.
When any price quoted or price for an item does not contain a goods or services tax amount and goods and goods and services tax is assessed on said supply, the goods and services tax component shall be added to the price calculated under the terms of the contract. If it is agreed for an additional charge or omission from the work, the amount of goods and services tax attributable to the value for that supply is to be added or deducted as is relevant to/from the price calculated under the terms of his contract.
18. APPLICABLE LAW
The client and any guarantors of the client agree that the law of Western Australia shall apply to this agreement and its/their dealings with Timberlast W.A and consent to the jurisdiction of the relevant court in Western Australia or any court of the Commonwealth of Australia having jurisdiction in the matter, HOWEVER, this clause does not force Timberlast W.A to litigate. Timberlast W.A may in its discretion, submit the matter by agreement with the client to arbitration, expert determination or mediation.
Timberlast W.A is not responsible for any problems with the site which are only revealed when installing the product. Any materials specified on any quotation shall be materials used and any amendments to such quotation shall constitute a variation of the agreement.20. DELAY
Timberlast W.A is not responsible for any delay caused by anything beyond its control including but not limited to any failure by the client to make a selection, have the site ready for installation or notify Timberlast W.A that the site is ready. Delivery and installation dates on the contract will be put back to whatever time is reasonable if there is such a delay.Whilst every endeavour will be taken there is no guarantee by Timberlast W.A that it will complete the contract by the date nominated by the customer. When a nominated date is given by Timberlast W.A it is an estimate only.
The client accepts that Timberlast W.A is not responsible for any consequential loss or any costs or damage to the client arising from any delays of supply to installation of the product.If Timberlast W.A is prevented from completing the work or supplying the product within three months of the deposit being paid and the delays are caused because of any reason outside Timberlast W.A's control then Timberlast W.A reserves the right to requote the project against their current published price.
21. ACCIDENTAL DAMAGE
The client agrees not to request compensation for minor damage to the gardens, lawns or property caused by the delivery or installation of Timberlast W.A's product. Such damage is generally unavoidable despite reasonable steps being taken.
If it is necessary to sever a condition, covenant or stipulation from the contract to allow the rest of the contract to remain valid and enforceable, only so much as is necessary to severed. All remaining clauses shall be read as if the severed part had never been part of the agreement.23. ACTS OF DEFAULT
If the client is in serious breach of its obligations, Timberlast W.A may give the client a written request to remedy the breach within 14 days. If the breach is not remedied within 14 days, Timberlast may terminate the contract by providing the client with written notice.
26. WEBSITE AND INVOICE INFORMATION
The client understands that the manufacturers of the product and its website sets out the specifications of the product and the manufacturer's warranty.
It is the clients responsibility to do due diligence concerning the type, quality and use of the materials based on the information provided on the website.