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Terms and Conditions

AWS, “The Scale House” Pty Ltd Standard Terms & Conditions of Sale:

  1. Parties to Agreement: These Terms and Conditions shall apply to the agreement for the provision of services between AWS, “The Scale House” Pty Ltd and the Client as referred to in the Sales & Order Acknowledgement.
  2. Project: Supply & Work as per Sales & Order Acknowledgement.
  3. Scope of Works: The scope of works provided by AWS, “The Scale House” Pty Ltd may include weighbridge sale, service & installation, weighing systems & software sales and comissioning and Certification by Licenced Technicians.
  4. Professional Standard of Care: AWS, “The Scale House” Pty Ltd shall provide and perform the services exercising due skill, care, diligence and judgment to a standard of competence regarded as acceptable by the National Measurement Institute and Office of Fair Trading. However AWS, “The Scale House” Pty Ltd does not accept responsibility for minor errors or omissions. It is an inevitable factor of the relationship between client and consultant and between consultants that minor errors and omissions may occasionally occur.
  5. Information to be Provided by the Client: The client shall define the scope of works and services to be provided by AWS, “The Scale House” Pty Ltd and supply AWS, “The Scale House” Pty Ltd with all information and basic data required for the performance of the services and where necessary clarify the scope of work and services to be provided. AWS, “The Scale House” Pty Ltd shall be entitled to rely upon such information and data. The client shall advise AWS, “The Scale House” Pty Ltd immediately, if it becomes aware of any matter which may change the scope or timing of the project. Changes from the original specifications on which an accepted order is based will not be accepted unless approved in writing by an authorised AWS, “The Scale House” Pty Ltd official. If such changes increase the cost of any product or work, then such additional expenses shall be in addition to the original accepted order.
  6. Responsibilities of the Client: The client shall promptly arrange site access and, unless otherwise specifically stated, shall as soon as practicable, obtain all necessary approvals, authorities for the lawful implementation and completion of the project. The client may submit to AWS, “The Scale House” Pty Ltd an official order of acceptance against the provided quote or tender from AWS, “The Scale House” Pty Ltd. The cover sheet of AWS, “The Scale House” Pty Ltd Terms and Conditions must also be signed and returned to AWS, “The Scale House” Pty Ltd prior to commencement of works or sale.
  7. Payments: The client shall pay AWS, “The Scale House” Pty Ltd a 30% deposit fee in advance to initiate the order/works. The deposit fee will be payable net seven (7) days on presentation of invoice. In relation to progress claims, an invoice will be submitted to the client monthly or fortnightly or as agreed with AWS, “The Scale House” Pty Ltd and the client. Progress invoices not paid within fourteen (14) days of receipt, may result in AWS, “The Scale House” Pty Ltd placing progress work on hold until payment is received. All quotations are submitted ex GST. A restocking fee will be charged for items returned to AWS, “The Scale House” Pty Ltd. An administration fee and late fee of $5.00 will be charged each month on invoices not paid within there account terms due to disputes that have not been notified to AWS, “The Scale House” Pty Ltd in writing within fourteen (14) days. Title of goods on the invoice remains with AWS, “The Scale House” Pty Ltd until the invoice is paid in full. In the event of payment default, the purchaser grants AWS, “The Scale House” Pty Ltd un-restricted entry rights to reclaim the goods. Goods delivered are strictly firm sale. Damage or shortages to be reported within 14 days or claims must be disallowed.
  8. Delay of Works: AWS, “The Scale House” Pty Ltd have the right to place progress work on hold until all monies owing to date are paid. If the progress of a job is on hold and delayed due to payment issues, AWS, “The Scale House” Pty Ltd will not be responsible for meeting deadline dates. The client will except this, as their progress delay, breaching AWS, “The Scale House” Pty Ltd Terms and Conditions and cannot hold AWS, “The Scale House” Pty Ltd responsible or enforce liquidated damage on AWS, “The Scale House” Pty Ltd.
  9. Cancellation Charges: The purchaser may cancel any order only upon payment of charges accrued at date of cancellation. The minimum cancellation charge will be 15% of the gross sales price.
  10. Warranties: Warranty for equipment and hardware and software programming is for a period of 12 months from date of purchase. Warranty repair/replacement of equipment does not include travel; or freight charges.
  11. Claims: Claims for shortages, incorrect equipment or poor quality of work performed must be made in writing within 14 days after the receipt of goods or services by the purchaser, and failure to give such written notice within 14 days shall be an unqualified acceptance of the equipment and a waiver by the purchaser of all such claims.
  12. Reimbursement of Expenses: The client agrees to reimburse AWS, “The Scale House” Pty Ltd for all incidental costs and expenses incurred by AWS, “The Scale House” Pty Ltd in connection with the project. Payment to be made within fourteen (14) days of written request, or on presentation of invoice.
  13. Variation: All variations will only be taken into consideration with notification in writing received from the client and carried out after analyzing the capabilities and negotiating the price. All materials charged under variations will be charged at current prices and will be payable as per agreement item 7.
  14. Limitation of Liability: AWS, “The Scale House” Pty Ltd shall be under no liability to the client in regards to any work outside of the agreed contract.
  15. Workplace Agreements: AWS, “The Scale House” Pty Ltd technicians and subcontractors quote, wages, and Terms and Conditions under AWS, “The Scale House” Pty Ltd Workplace Agreements. Any additional charges in relation to EBA or Workplace Agreements if enforced will be additional to contract price.
  16. Copyright: The ownership and copyright of the project consisting of all intellectual property, reports, specifications and software prepared by AWS, “The Scale House” Pty Ltd shall be and shall always remain the property of AWS, “The Scale House” Pty Ltd. Provided the client is not in default under the agreement, the client shall have a license to use the documents and software for the purpose of completing the project, but the client shall not use, or make copies of such documents in connection with any work not included in the project.
  17. Termination of Agreement: AWS, “The Scale House” Pty Ltd may by notice in writing served on the client terminate the agreement: If the client is in breach of the provisions of Clause 7 hereof. If the client is otherwise in breach of the agreement and the breach has not been remedied within fourteen (14) days (or as AWS, “The Scale House” Pty Ltd may allow) of the service by AWS, “The Scale House” Pty Ltd on the client of a notice requiring the breach to be remedied; or If the client being a company is wound up or goes into liquidation or if a Provisional Liquidator, Receiver and/or Manager is appointed to the client in respect of its undertaking or property or any part thereof or, if being a person, the client dies or becomes bankrupt or mentally incompetent. The client may by notice in writing served on AWS, “The Scale House” Pty Ltd terminate the agreement if AWS, “The Scale House” Pty Ltd is in breach of the agreement and the breach has not been remedied within fourteen (14) days (or such longer period as the client may allow) of the service by the client on AWS, “The Scale House” Pty Ltd of a notice requiring the breach to be remedied.
  18. Disputes: In the event of a dispute between the client and AWS, “The Scale House” Pty Ltd regarding any matter arising out of these Terms and Conditions, notice of the dispute shall be put in writing. If the parties fail to agree within one month of the notice of dispute being served, then AWS, “The Scale House” Pty Ltd and the client shall place job on hold until a decision has been made. The cost of all arbitration proceedings shall be borne as the arbitrator may direct.
  19. Time Limit: The price quoted in the tender is valid for 90 days only. If work is not commenced within that period, the contractor reserves the right to withdraw the tender or re-quote.