CONSTRUCTION AND LEGAL EFFECT:
1) This quotation is not a contract. It is a good faith estimate of the client’s cost quoted from JD Building & Xcavation Pty Ltd based on the information known by and available to JD Building & Xcavation Pty Ltd at the date of quotation. No contract shall result until acceptance of this quotation is received and acceptance is acknowledged by JD Building & Xcavation Pty Ltd.
2) Any acceptance of this quotation must be limited to these terms and conditions. Inconsistent terms and conditions in the client’s acceptance shall not be binding on JD Building & Xcavation Pty Ltd and therefore any exceptions or modifications desired by the client must be specifically instructed to JD Building & Xcavation Pty Ltd in writing. No waiver or modification of any of these terms and conditions shall be considered effective unless in writing and signed by an authorised representative of JD Building & Xcavation Pty Ltd.
3) This quotation conclusively supersedes all prior written and oral negotiations concerning the goods and services which it describes and there are no outside conditions or agreements. Further, this quotation is subject to subsequent correction by JD Building & Xcavation Pty Ltd in case of clerical or administrative error.
4) The rights and duties of the parties to any contract resulting from this agreement and any business relationship that results from this agreement shall be governed by the Laws of the Commonwealth. Any claims arising from any resulting contract shall, at the election of JD Building & Xcavation Pty Ltd, be prosecuted in the appropriate Court. By accepting this quotation and signing an agreement, the client agrees to the jurisdiction and judgment of the Court and agrees that judgment shall be enforceable.
1) JD Building & Xcavation Pty Ltd shall reserve the right to withdraw the offer made in this quotation at any time prior to its acceptance by the client. Further, this offer shall only remain valid for fourteen (14) days and should be considered invalid or withdrawn if any of the terms and conditions of this quotation are unacceptable to the client.
2) The client’s acceptance shall incorporate by reference, or have attached thereto, the approved plans, drawings and specifications for the proposed works.
3) If this quotation does not expressly provide otherwise, any and all necessary components to be supplied by the client must be supplied in sufficient time and quantity to warrant continuous operation of the equipment and processes of JD Building & Xcavation Pty Ltd.
PRICING AND PAYMENT:
1) All quoted prices are based on current costs, availability of raw materials and labour. JD Building & Xcavation Pty Ltd reserves the right to adjust the prices to reflect any increase in these costs.
2) JD Building & Xcavation Pty Ltd is not wholly accountable for any specialised expertise provided by a third party. The price quoted does not include payment for any unforeseeable circumstances which may require additional tooling, fixtures, engineering, and/or manufacturing expertise.
3) JD Building & Xcavation Pty Ltd requires 15% part payment before any quoted job/contract start date commences.
4) Unless otherwise specified, full payment is due according to the terms on the acceptance of this quotation, but in no case later than fourteen (14) days from the date of completion by JD Building & Xcavation Pty Ltd. In the event of default of payment when due, the client shall pay all of JD Building & Xcavation Pty Ltd costs of collection including carrying charges of 1.5% per month (18% per annum), court costs, and attorney’s fees.
5) Unpaid balances for any invoice may result in cessation of work and/or any materials. Such cessation shall not be a breach of any agreement arising out of this quotation.
CANCELLATION OR MODIFICATION:
1) Cancellation of an accepted quotation or any waiver or modification of its terms or conditions will not be binding on JD Building & Xcavation Pty Ltd unless made in writing by the client, and signed by a JD Building & Xcavation Pty Ltd authorised representative. The client agrees to be responsible for Cancellation Charges which may result from any modification or cancellation
1) JD Building & Xcavation Pty Ltd warrants that product(s) produced pursuant to this quotation were produced according to the approved plans, specifications, drawings and samples (signed and dated) that are incorporated in this quotation, according to the mandated specifications and standards, using good workmanship. This warranty shall remain in effect for thirty (30) days from the date of completion by JD Building & Xcavation Pty Ltd.
2) JD Building & Xcavation Pty Ltd’s sole liability under the warranty contained herein shall be the repair, rework, or replacement of products or parts or the extension of credit to the client for all nonconforming products. JD Building & Xcavation Pty Ltd shall not assume liability or be responsible for any third party products or parts which fall under the manufacturers warranty and/or are deemed faulty in design or workmanship. JD Building & Xcavation Pty Ltd reserves the right to refuse any warranty claims.
3) THE ABOVE WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. JD BUILDING & XCAVATION PTY LTD SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
COMPLETION & DELIVERIES:
1) Commencement of work and the delivery of materials will be determined from the date JD Building & Xcavation Pty Ltd receives the client’s written acceptance or upon receipt of any material or information the client is required to supply JD Building & Xcavation Pty Ltd, whichever occurs later. While every effort will be made to deliver as indicated, the delivery and completion date(s) expressed in this quotation or otherwise are merely approximations and are not binding upon JD Building & Xcavation Pty Ltd.
2) Force Majeure: JD Building & Xcavation Pty Ltd assumes no obligation whatsoever for disruption or delay of delivery resulting directly or indirectly from the occurrence of any contingency beyond its reasonable control whether caused by the forces of nature, people, or governments.
3) JD Building & Xcavation Pty Ltd shall have the right, during shortages of raw materials or finished products, to pro-rate its supply of such products among its clients in an equitable manner.
4) Materials and/or samples delivered by JD Building & Xcavation Pty Ltd shall be deemed accepted unless a written or verbal notice of rejection by the client is received within 24 hours from the date of delivery.
1) These terms and conditions are binding upon and for the benefit of the parties, their successors and assigns.
2) Failure to enforce any provision of these terms and conditions shall not constitute a waiver of any term hereof.
3) The client is herein notified that JD Building & Xcavation Pty Ltd considers these terms and conditions and any additional terms listed on the face of the quotation to be included as an addition to any further requests or changes subsequently placed by the client based upon this quotation. This quotation and all terms and conditions it contains are a part of any notice of acceptance to JD Building & Xcavation Pty Ltd resulting from this quotation.
4) Where these terms and conditions conflict with any general terms and conditions listed on any further requests or changes resulting from this quotation, JD Building & Xcavation Pty Ltd hereby makes its acceptance of the work conditional on the client’s acceptance of all terms and conditions in this quotation agreement and that they supersede any conflicting conditions.
5) JD Building & Xcavation Pty Ltd is not liable for any loss or damage of any kind whatsoever and howsoever arising, including (without limitation) any indirect or consequential loss (including without limitation loss of profit, loss of revenue, loss of contract, loss of goodwill or increased cost of workings), arising out of or in connection with the supply of goods or services, even if due to the negligence of JD Building & Xcavation Pty Ltd or any of its employees or agents.