Terms & Conditions
ACCEPTANCE
These terms and conditions (Terms) are between Next Level Welding & Fabrication Pty Ltd (ABN: 91 655 529 141), its successors and assignees (Referred to as ‘we’. ‘us’ or ‘our’) and the client described in the quote (referred to as ‘customer’, ‘you’ or ‘your’) and collectively the parties.
You have requested the services and goods set out in your quote (Services). You accept the quote and these terms by:
a) Confirming by email that you accept the Quote;
b) Instructing us to proceed with the services; or
c) Paying a deposit as set out in the quote​
Our agreement with the customer is comprised by the following documents which contain the entire understanding between the parties:
a) These terms and conditions b) Quote
The company has the right to amend your quote if not accepted within thirty (30) days from the date of quote.
You agree that these terms form the agreement under which we will supply services and goods to you. Please read these terms carefully. Please contact us if you have any questions. Purchasing services and products from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and comply with these Terms and that you are 18 years or older, or have consent of a legal guardian who is 18 years or older. You must not order services from us if you are under 18 years of age or do not have a legal guardian who is 18 years or older. If you do not agree to these terms, you should not proceed with the quote of services provided.
A copy of these terms and conditions will be provided in PDF format to you when the quote is provided.
SERVICES & SUPPLY OF GOODS
We agree to perform the services with due care and skill and supply the goods to the customer as detailed in your quote.
All goods are subject to availability, and we reserve the right to substitute or recommend products provided the quality is equal to or better than the one specified.
We may provide the service or installation of goods to you using our employees, contractors and they are included in these terms.
Third parties who are not employees or our direct contractors (Third parties) will be the responsibility of the customer (Customer). We are not responsible for services provided by third parties
If you request amended or additional services, including but not limited to changes in services or goods (Additional Services), we have discretion as to whether we perform this work, or a variation cost is applied to the original quote. If we are unable to accommodate the additional services or goods, we may request we be paid for Services performed or goods supplied to date and terminate these terms.
Next Level Welding & Fabrication Pty Ltd reserve the right to apply additional charges or amend the quote should information supplied to us be incorrect or incomplete to be able to complete the services or works correctly.
PRICE, INVOICING AND PAYMENT
The total amount payable and method of payment by you to us is detailed in your Quote.
You agree to pay us a deposit of amount that is discussed and agreed upon prior to job commencing which will be outlined in writing and the deposit is payable within 5 business days. Works will be scheduled once a remittance advice has been provided or funds have cleared.
The final amount is payable per agreed payment terms outlined in your purchase order or as otherwise discussed which will be confirmed in writing. All amounts payable and due are accepted by direct deposit and will be accepted once we are provided email remittance or at point in time when funds have cleared.
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We reserve the right to follow steps to recover monies owed on any overdue payment. Should we be required to engaged debt recovery you shall be liable for any costs associated with this or any legal fees.
The customer is liable for any additional charges incurred if information supplied is not correct or complete.
DELIVERY AND INSTALLATION
We may conduct a site inspection of the property or job site before fabrication or works are commenced to complete a site scope of access, OHS or any other reason to perform the work correctly as outlined in your Quote.
By accepting the Quote and these Terms, you grant us permission for us to enter the premises any reasonable time as discussed and agreed upon.
You authorise us and any contractors to deliver and install any Goods as purchased in your quote.
You warrant that you are the authorised or appropriate personnel to provide consent to engage works or access this site as required for address listed on the Quote.
Your date of work may be subject to change in certain circumstances and are at the discretion of Next Level Welding & Fabrication Pty Ltd. These circumstances are due to but not limited to, material delivery delays, delays with third parties, inclement weather, or any other reason deemed applicable.
Any presence or concern hindering safety or ability for us to carry out works accurately and to standard will warrant cancellation and reschedule of works when it is safe to return, or we are able to carry out installation correctly.
PERMITS AND INSPECTIONS
Next Level Welding & Fabrication Pty Ltd agree to complete and provide documentation as requested by client such as SWMS, Public Liability and Work Cover Insurances.
You agree to complete and provide any documentation necessary to complete the work required such as purchase orders, permits etc. or as other reasonably required.
You ensure that prior to commencement of any on-site building or work to which the services relate, that all permits in relation to works being carried our has been issue and is aligned with the applicable laws and building acts.
Any works that are required to be signed off by a surveyor or engineer, you will be responsible for costs and fees due unless otherwise discussed and agreed upon. Any costs that are to be undertaken by Next Level Welding & Fabrication Pty Ltd will be outlined in the quote provided to you for these services to be carried out.
WARRANTIES AND WORKMANSHIP
A Warranty and Compliance certificate will be supplied upon request by you upon completion of works outlining material and work is in line with any relevant standards and provisions as required by the Building Code of Australia (BCA).
Next Level Welding & Fabrication Pty Ltd warranty voids includes any manufacturing defects due to third parties works carried out.
All work will be carried out in a proper and workmanlike manner.
All work will be free from defects and if defects are found they are to be notified to us in writing within the agreed and contracted defects liability period (DLP).
We will endeavour to carry out correction work in the timeframe requested. No responsibility or liability will be accepted by us for delays out of our control, these delays are including but not limited to, inclement weather, unsafe work environment, third party delays or any other reason deemed appropriate by us.
INDEMNITY
You are responsible and liable to indemnify us or any of our related parties, employees or subcontractors for and against any damages, and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly and indirectly from:
Any damages or breakages
Any information that is not accurate, up to date or complete or is misleading or a misrepresentation
Any breach of these Terms and;
Any negligence or wilful misconduct
The obligations under this clause will survive termination of these terms.
TERMINATION
Once the Quote has been accepted, you acknowledge that you are unable to cancel, terminate or revoke these services as agreed in your quote, unless mutually agreed by both parties in writing.
Next Level Welding & Fabrication Pty Ltd may terminate this relationship immediately, at our sole discretion should there be reasonable grounds to do so.
GENERAL
Force Majeure: Next Level Welding & Fabrication Pty Ltd will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstances beyond our reasonable control.
Publicity: By accepting our quote, you give us consent to take and use photographs and video for advertising or social media purposes. If you do not wish for us to do so, please let us know upon acceptance of the quote.
Site Signage: You authorise for us to have vehicles that may have our logo and signage that identifies the project or job being designed, completed or documented by us.
Site Clean Up: We guarantee that we complete a full and thorough site clean-up upon completion of works and installation, where possible, all off-cuts, scrap, packaging, rubbish and debris will be removed.
On Site: On site skip bins or placement of rubbish as well as electricity and water are to be provided by you unless otherwise discussed and agreed upon, or in circumstances this cannot be provided, alternative is discussed.
Quote Adjustment: We reserve the right to alter or change the quote under the circumstances where the full quote has not been accepted, or amendments are requested to the services or for any other reason considered valid.
Severance: if any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
Waiver: If we fail to exercise a power, right or remedy under this Agreement, it does not operate as a waiver of that power, right or remedy. No waiver is effective unless it is in writing.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior quote, understanding or arrangement between you and us, whether oral or in writing.