Terms and conditions as they relate to quotations and/or projects undertaken by Automatic Gates & Doors (some or all may apply).
- All quotations are valid for a period of 30 (thirty) days from the quote date.
- This quote covers the supply and/or installation of the items as specified in the quote only.
- This quote supersedes any previous quotes provided by Automatic Gates and Doors.
- The client is responsible for compliance with property boundaries and council regulations.
- All reasonable care will be taken by Automatic Gates and Doors although no responsibility will be taken for existing equipment, electrical wiring, plumbing, conduit and cables or any other surfaces.
- If any cable or conduit is required to complete this installation, a variation to the quoted contract price will be required.
- All gate operations and functions are tested to the manufacturer’s standards.
- A 10% deposit is required on quote acceptance. Final payment is required on completion.
- Scheduling of work and technician appointments will be discussed at the time of order acceptance.
- All goods remain the property of Automatic Gates and Doors until full payment is received.
- Automatic Gates and Doors will remove existing equipment/gate operators from your premises once the installation is complete (excluding gates).
- Some areas may be prone to excessive radio interference brought on by devices such as cordless telephones, wireless stereo headphones and baby monitors. Automatic Gates and Doors are unable to ascertain interference that may occur in your area. This is not a warranty issue – charges may apply if there is a requirement to change to an alternate frequency.
- Pricing is calculated for standard soil types and compaction. No allowance has been made for the removal of rock or tree roots. Additional costs will apply if these conditions are encountered.
- No responsibility will be taken for the existing automation equipment or induction loop cabling.
- No responsibility will be taken for existing intercom or access control equipment and any faults found with this equipment will incur a variation to the contract price.
- No responsibility will be taken for any existing foundations or foundation coverings i.e. pavers, exposed aggregate, stencilled driveways etc.
- No responsibility will be taken for the existing sliding or swing gates and fixings.
- No responsibility will be taken for pest control. Automatic Gates and Doors will not be liable for damage caused to automation by insects or animals. It is up to the customer to ensure that they conduct the appropriate pest control measures for their automation to function without failure.
- No responsibility taken for ground movement, flooding, excessive water damage, degrading or damaged parts from inclement weather.
- Automatic Gates and Doors will not be liable for any loss or damage whatsoever incurred to gates or hardware on collection and dispatch from our premises.
- Supply only cost does not include delivery. Pickup from our office is welcome.
- Choosing powder coating colours is the responsibility of the customer. Any colour selection brochures are a guide only, colours may vary.
- Choosing the gate design is the responsibility of the customer, all gate designs are confirmed with the customer before production starts.
- This quote references the Automatic Gates and Doors standard terms and conditions. A copy of this document is available on request.
- Quotation based on unrestricted access during normal working hours (additional cost if required to carry out works after hours).
- One (1) half hour per employee has been allowed for site induction if required, additional time will incur additional costs.
- If any trenching works are required, the customer will be responsible for locating any affected services that may be located below the ground, and responsibility for these items remains with the customer.
- No guarantees are offered on solar panel performance if panels are in areas that do not receive adequate sun exposure.
- The cost of removal of vegetation and soil from site is not included in this quote unless specified.
- Additional power points if required will be the responsibility of the customer.
- Optional accessory prices are based on carrying out the works on the same day as the gate and operator installation.
Warranty: Unless otherwise specified, any new parts and equipment installed by Automatic Gates and Doors is covered by a two (2) year warranty as governed by the manufacturer. All Gates/operators require a minimum of one (1) service* per year by Automatic Gates and Doors for the two (2) year warranty to be honoured (*a service call out fee will apply.) If lodging a warranty claim, please note that warranty will be null and void if anyone other than an employee of Automatic Gates and Doors, or a representative of the manufacturer concerned, carries out any works on any warranted equipment.
Warranty supply only equipment: Two (2) year Manufacturers Warranty to be taken up directly with the Manufacturer (conditions apply). No warranty offered on solar powered batteries that may run flat during periods of inclement weather.
Warranty repair works: Three (3) months labour and manufacturer’s warranty on equipment. Supply and installation jobs: Two (2) years. Gates/operators require a minimum of one (1) service* per year by Automatic Gates and Doors for the two (2) year warranty to be honoured (*a service call out fee will apply.) No warranty offered on solar powered batteries that may run flat during periods of inclement weather.
GENERAL TERMS AND CONDITIONS
- DEFINITIONS Automatic Gates And Doors PTY LTD : “Automatic Gates And Doors PTY LTD”. (The) Customer: “The person or firm or company purchasing equipment from Automatic Gates And Doors PTY LTD. (The) Equipment: “The Equipment means the products that are the subject of a contract of sale to which these Terms and Conditions of Sale apply. (The) Conditions: “The Terms and Conditions of Automatic Gates And Doors PTY LTD herein contained relating to the supply of the Equipment. (The) Order: “The order placed by the Customer for the supply of the Equipment”. GST: “Goods and Services Tax payable under “A New Tax System (Goods and Services Tax) Act 1999. Reseller means “a person who sells to end users”.
- ORDERS All orders are deemed to have been made by the Customer and accepted by Automatic Gates And Doors PTY LTD upon and subject to these Conditions as augmented by any express terms and conditions which accompany the Equipment or are contained in any distribution agreement between Automatic Gates And Doors PTY LTD and the Customer. Subject to Clause 12 below all other terms and conditions, warranties, guarantees and reservations (express or implied, statutory or otherwise) are hereby expressly excluded.
- PRICES The total price to be paid by the Customer is the total of the GST exclusive value and the GST.
- PAYMENT 4.01 The Customer shall make payment in full without any deduction or withholding whatsoever on any account within that period shown on the face of this invoice or at some later date following invoicing which must be clearly evidenced in writing as having been agreed between Automatic Gates And Doors PTY LTD and the Customer. 4.02 If payment is not received in full when due, the Customer shall pay interest on the unpaid amount at a rate per annum which is 5% (five per cent) above the National Australia Bank Limited’s benchmark rate from time to time. 4.03 If payment is to be made by instalments the failure of the Customer to pay an instalment in due time shall entitle Automatic Gates And Doors PTY LTD to treat such failure as a repudiation of the whole contract by the Customer and to recover damages for breach of contract. 4.04 Automatic Gates And Doors PTY LTD reserves the right to defer without penalty delivery of any Equipment which has been ordered by the Customer so long as any amount remains overdue for payment or any credit limit is exceeded. 4.05 No claim by the Customer in respect of the Equipment comprised in one delivery of Equipment shall entitle the Customer to withhold payment of the whole or any part of the price payable in respect of any other delivery of Equipment. 4.06 All sums unpaid by the Customer shall become immediately due and payable and any permission granted to the Customer under sub-clause 5.07 to sell the Equipment shall forthwith terminate in the event that the Customer fails to observe any of the terms of the contract or compounds with its creditors or becomes bankrupt or has a receiver appointed on all or any part of its assets or business or suffers the presentation of a winding up petition, or passes a resolution for its winding up (otherwise than for the purpose of amalgamation or reconstruction) or suffers any distress or execution to be levied or threatened on any of its assets or fails to satisfy any judgement against it within 14 (fourteen) days or in the opinion of Automatic Gates And Doors PTY LTD is unable to pay its debts.
- PROPERTY AND RISK 5.01 Upon delivery, the Equipment shall be at the Customer’s risk and the Customer shall insure and keep insured the Equipment for its full insurable value. 5.02 Notwithstanding sub-clause 5.01 above property and ownership in the Equipment will not pass to the Customer but will remain with Automatic Gates And Doors PTY LTD until Automatic Gates And Doors PTY LTD has received payment in full of the total price of the Equipment including any GST and interest payable and all other amounts owing to Automatic Gates And Doors PTY LTD (and all amounts owing to any related body corporate of Automatic Gates And Doors PTY LTD) by the Customer on any account whatever, whether or not such sums shall have become due for payment. 5.03 Where payment is to be made by instalments the full purchase price of the Equipment will be deemed not to have been paid until such time as all instalments together with any amounts due in respect of GST and interest have been made. 5.04 Until property and ownership in the Equipment pass to the Customer in accordance with this clause 5, the Customer shall hold the Equipment as fiduciary bailee and agent for Automatic Gates And Doors PTY LTD and the Equipment shall be stored separately from any other assets, marked in such a way that it is clearly identifiable as Automatic Gates and Door’s property and kept in a manner which enables it to be identified and cross referenced to particular invoices. 5.05 Without prejudice to any other rights held by Automatic Gates And Doors PTY LTD under these Conditions or at law, in the event of any default in payment of the amounts referred to in sub-clause 5.02 above, Automatic Gates And Doors PTY LTD shall have the right by its employees, servants or agents to enter without notice at any time upon any land or building, vehicle or vessel or other place upon which the Equipment is reasonably thought to be situated to do all things necessary in order to take possession of the Equipment, including dismantling anything into which the Equipment or any of it has been incorporated. The Customer shall be liable for all Automatic Gates and Door’s costs of whatsoever nature of and associated with the exercise of this right and such costs shall be payable on demand. 5.06 The Customer may not deal with, sell, part with possession of, change the character of, convert or otherwise dispose of or handle any of the Equipment sold hereunder until property and ownership therein have passed to the Customer in accordance with this clause 5, unless the Customer is a Reseller in which case clause 5.07 will apply. 5.07 If the Customer is a Reseller then unless otherwise notified in writing, the Customer may sell the Equipment by way of bona fide sale in the ordinary course of business on its standard terms and conditions but may not otherwise deal with, sell, part with possession of, change the character of, convert or otherwise dispose of or handle any of the Equipment sold hereunder until property and ownership therein have passed to the Customer in accordance with this clause 5. 5.08 Where any of the Equipment is sold by the Customer before property and ownership therein have passed to the Customer in accordance with this clause 5, that sale will constitute a sale by the Customer of Automatic Gates and Door’s property. The proceeds of any Equipment sold shall be kept in a separate bank account and shall not be mixed with any other monies, including funds of the Customer. 5.09 This clause 5 shall apply notwithstanding the granting of any credit to the Customer by Automatic Gates And Doors PTY LTD.
- CLAIMS No claims in reference to items on this invoice will be recognised unless such claim is made in writing within 7 (seven) days of delivery.
- CONSEQUENTIAL LOSS Automatic Gates And Doors PTY LTD hereby expressly excludes to the extent permitted by Law any liability (arising in contract or in tort or however otherwise arising) for: Consequential loss or damage caused by or arising out of the use of the Equipment or occurring in respect of the Equipment; Loss or damage due to fair wear and tear or negligence or improper use, operation, storage or handling of (without prejudice to the generality of the foregoing) the use or operation of the Equipment other than strictly in accordance with Automatic Gates and Doors’ written instructions as supplied with the Equipment; (iii)Loss, injury or damage (including consequential loss) arising from fire, accident, industrial dispute, civil disturbance or any other act of accidental default interfering with the manufacture, dispatch or delivery of the Equipment and beyond the control of Automatic Gates And Doors PTY LTD.
- NO WAIVER A failure to exercise or enforce, a delay in exercising or enforcing, or conduct which is inconsistent with the exercising or enforcing any right or remedy held by Automatic Gates And Doors PTY LTD in relation to these Conditions will not in any way preclude or operate as a waiver of the exercise or enforcement of that right or remedy.
- ASSIGNMENT Unless otherwise agreed in writing the Customer will not assign either the benefit or the burden of any contract with Automatic Gates And Doors PTY LTD.
- SEVERABILITY If one or more of the provisions of these Conditions should be void, unenforceable or invalid, the remaining provisions of these Conditions shall not thereby be affected and shall continue in full force and effect.
- RELATIONSHIP OF THE PARTIES Subject to clause 5, the parties acknowledge that neither of them is an agent or partner of the other for any purpose, and that each of them is entirely without authority to act on behalf of the other in any manner. Automatic Gates And Doors PTY LTD shall not be responsible to third parties for any claim arising out of the activities of the Customer and the Customer shall hold Automatic Gates And Doors PTY LTD harmless against any claim arising in connection herewith and indemnify and hold harmless Automatic Gates And Doors PTY LTD for any amount which Automatic Gates And Doors PTY LTD may be required to pay as a result of any claim.
- CONSUMER RIGHTS The Trade Practices Act and other statutes may imply warranties or conditions or impose obligations upon Automatic Gates And Doors PTY LTD which cannot, or can only to a limited extent, be excluded, restricted or modified. Such of these Conditions that exclude or limit Automatic Gates and Door’s liability shall apply only to the extent permitted by law and these Conditions shall be construed subject to such statutory provisions. If such statutory provisions apply to the extent lawfully permitted, Automatic Gates and Door’s liability there under shall be limited to: the replacement of the Equipment or the supply of equivalent goods; the payment of the cost of replacing the Equipment or the supply of equivalent goods; the repair of the Equipment; or the payment of the cost of having the Equipment repaired.
- GOVERNING LAW These Terms and Conditions of Sale shall in all respects be governed by and construed with the Laws of Queensland, and each party irrevocably and unconditionally submits to the jurisdiction of the Courts of that State.
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