SUPPLEMENTARY TERMS AND CONDITIONS OF SALE FOR SUPPLY OF: FRAME DOCUMENTATION, STEEL FRAME AND TIMBER MATERIALS, 3RD PARTY ENGINEERING, 3RD PARTY INSTALLATION, AND 3RD PARTY SUPPLY AND INSTALLATION OF STRUCTURAL STEEL

Supply of 3^rd Party Steel Frame walls, joists, roof trusses and site installation

In terms of which 3MT Solutions PTY LTD (We/Us/Our) agrees to supply goods and services to Purchasers (You/Your)

ACCEPTANCE 

We will contract on these terms only. Receipt of an Order in the form of email or any type of quote acceptance provided in writing will be deemed to have acceptance by you of these terms and conditions, notwithstanding anything that may be stated to the contrary in your inquiries or on Your Order. These terms take precedence over any terms and conditions in any Order or in any other document or elsewhere to the fullest extent permitted by the law. No variation or modification of these terms and conditions will be binding on us unless accepted by us in writing.

OUR LIABILITY 

1. We will not be liable for any loss or damages (including consequential loss, indirect or special damages or loss of any kind whatsoever and howsoever arising, whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly from:
   1. Any factor beyond our control.
   2. Any act or omission of ours arising out of or in connection with the provision of services or goods by us.
   3. Failure by Us to deliver on or before the quoted date for delivery, or by any specified dates. Any date quoted for delivery is an estimate only and we will not be liable to you for any loss or damages even if arising out of our negligence.
   4. any damage to, or defectiveness or malformation in any part or parts of the finished article eventually supplied to You which may arise as a result of the Goods supplied to You being unsuitable for the treatment or processing carried out by You.
   5. A percentage of the goods to be treated or processed becoming wastage or scrap.
   6. Testing the Goods.
   7. The loss or damage to any of your chattels left within our possession or control (whether such loss or damage results from our negligence or default or otherwise).
   8. The loss or damage to Goods while in transit (whether such loss or damage results from our negligence or default or otherwise),
      1. deterioration of goods as a result of exposure to the elements, after you have accepted delivery of the Goods.
   9. Any act or omission by any subcontractor of ours.
   10. any technical advice or assistance given or rendered by Us to You whether or not in connection with the manufacture, preparation and supply of the Goods and/or Services to You, provided that We have provided such technical advice or assistance with reasonable care and skill.
2. No claims based on defective Goods and/or Services will be entertained or allowed unless
   1. We are notified of the potential claim within seven days of delivery to you, and
   2. We are given a reasonable opportunity to investigate the claim
   3. In respect of defective Goods not manufactured by Us, We shall in no event be liable to pay to you any amount in excess of such amount (if any) as we shall have received from our supplier in respect thereof,
3. Our liability for shortages in quantity and loss consequential to shortages in quantity is limited to making up such shortages. No claim for shortages in quantity will be entertained or allowed unless
   1. We are notified of the potential claim within seven days of delivery to you, and
   2. We are given a reasonable opportunity to investigate the claim

PRICING AND PAYMENT 

1. All prices in our price list are:
   1. Subject to alteration by us without notice to any Purchaser 
   2. Exclusive of sales tax or any other tax or government impost. Such charges will be shown as a separate amount on our invoice if applicable. The Purchaser shall be liable for all excise, sales, goods and services tax or any other taxes or charges which may be established or levied by any governmental authority (domestic or foreign) upon the Goods or any part thereof, or upon the manufacture, use, sale or delivery of same.
2. Recommended prices only for Goods ordered on or after the date on which we state the prices shall take effect. There is no obligation to, and we are not bound to sell at these prices.Payment for goods and services supplied by us shall be made 30 days from the date of invoice. Any overdue amount shall attract interest at the rate of 7.5% per annum from the due date to the date of payment. In addition you shall be liable for all costs and expenses incurred in the exercise of collecting any overdue amounts including all legal fees and disbursements

CHANGES 

We shall not be bound to accept any change in product dimension, materials or finish, a reduction in the quantity ordered or other particulars of an order for Goods after we have ordered special materials or commenced manufacturing.

OWNERSHIP AND TITLE 

1. Notwithstanding delivery, at which point risk in the goods shall pass to You, We shall remain the legal and equitable owner of Goods supplied by us until the purchase price in respect of such Goods has been received in full. In the case of payment by cheque, payment shall not be deemed to be received by us until the same has been cleared by the bank on which it is drawn.
2. If the Goods are in the possession of the Purchaser at any time prior to title therein passing to the Purchaser, the Purchaser shall retain them in good and merchantable condition until either paid for or collected by us.
3. If:
   1. The Purchaser fails to make any payment of the purchase price in respect of the Goods by the due date; or
   2. The Purchaser commences to be wound up or is placed under official management or into liquidation or suffers a receiver and/or manager to be appointed in respect of any of its assets or becomes insolvent or commits an act of bankruptcy; or
   3. In Our reasonable opinion the payment of any amount in respect of the Goods supplied by us is in jeopardy then the Purchaser by accepting delivery for the Goods shall be deemed to have irrevocably authorised Our representative to enter upon any site where the Goods are located to take possession of the Goods without any previous notice, and the Purchaser indemnifies Us against any action, claim or demand arising out of any act lawfully done by Us in the exercise of Our powers hereunder and We shall be further entitled to resell any Goods which We have so taken into possession. Where we have taken possession of any Goods in accordance with this clause we shall be released from all our obligations under the contract of sale in respect of the Goods
4. Where the Purchaser sells Goods to which it does not have title, the Purchaser shall receive the proceeds of sale of those Goods as trustee for us and shall keep such proceeds in a separate account.

SITE ACCESS AND DELIVERY CHARGES 

1. The Purchaser shall ensure that the delivery vehicle has clear access to site to the point of delivery. All quotations are based on satisfactory site access for articulated crane trucks. In unsuitable site conditions, we reserve the right to vary the contract price, at the rate of $200.00 per half hour or part thereof for lost time resulting from such unsuitable site conditions.
2. Any additional costs incurred by us for supplementary or larger capacity lifting units deemed necessary for placement of fabricated components to be borne by the Purchaser.

DIVISIBILITY CLAUSE

This contract/quote is divisible. Each delivery made under it will be deemed to arise from a separate contract/quote and will be separately invoiced. Each invoice for goods delivered will be payable in full in accordance with the terms of payment provided in this agreement without reference to and despite any defect or default in the delivery of any goods.

PROOF OF DELIVERY

1. Dispatch From our premises shall constitute delivery of the goods to the purchasers possession. Upon each dispatch the purchaser as bailee accepts responsibility for the safety of the goods and takes the risk of any loss or injury thereto, however caused, which may occur before the property in the goods passes to the purchaser. The purchaser shall keep the goods fully insured and shall indemnify the us against any such loss or injury.
2. Our delivery records shall be prima facie proof of the delivery of the goods of the quality and description stated herein in good order to the purchaser and the purchaser receipt thereof notwithstanding the absence of any representative of the purchaser at the delivery site upon delivery. It is the responsibility of the purchaser to provide adequate signs and direction to enable us to affect delivery. Failure to do so will render the purchaser liable for any additional cartage charges incurred.
3. Our responsibility for delivery of the goods shall cease at the kerbside of the job address stated. However we may in its absolute discretion agree to deliver to a site other than the kerbside of the job address provided always that it is hereby acknowledged and agreed that any increases in cost to us of making such delivery shall be met by the purchaser and, if it is necessary for a vehicle to cross the footpath or to enter upon private property in the course of affecting delivery, the purchaser shall provide safe and adequate access and notwithstanding will indemnify us against all damage to public or private property or to any person which may arise as a result of us making such delivery.

LIQUIDATED DAMAGES

3MT Solutions PTY LTD will not accept any recourse for liquidated damages

RETENTIONS

3MT Solutions PTY LTD does not accept any retention clauses