The following Clauses are the supply terms by which Tasman Grit ‘the coating applicator’ deliver their protective coating products. The client or vendor who undertakes Tasman Grits protective coating services are held legally responsible to these clauses, and those outlined in the standard terms and conditions of trade.
Definitions
1.1 The ‘coating applicator’ is Tasman Grit Steel Cleaning Pty. Limited
1.2 The ‘client’ is the entity or business responsible for the project and/or the party who has procured the services of the coating applicator.
1.3 The ‘sub-client’ or ‘subsidiary’ are those entities who are the client of the client, or who are working for or with the client on the project.
1.4 The ‘paint supplier’ is the entity who has supplied the paint products and/or paint specification for the project.
1.5 The ‘vendor’ is any other entity or businesses who are involved with the project
Quotation
1.6 All clients who are issued a Quotation for works from the coating applicator are bound to the terms of the quotation.
1.6.1 The client must submit alternative arrangements in writing before the project has started if they wish to alter these terms.
1.6.2 Once work has begun on a project all of the terms of the Quotation become non-negotiable.
1.6.3 If the project does not proceed or is cancelled after the coating applicator has begun paid works, the client will be due
and payable for the percentage of the works carried out.
1.7 A project has begun when one or more of the following has taken place;
1.7.1 The client has sent through a purchase order for the project
1.7.2 The client has sent steelworks, accessories or supplies for the project to the coating applicators warehouse.
1.7.3 The coating applicator’s staff have undertaken paid works on the project; handling, unloading, abrasive blasting, painting, project organisation or job specific procurement.
1.7.4 Failure to send through a purchase order for a project does not negate the client from the responsibilities of the quotation and the coating applicators terms and conditions of trade.
1.7.5 Failure to clarify information disclosed in the quotation, the ‘terms and conditions of trade’ or the ‘applicator supply terms’ will not negate the client from the terms these documents hold the client to.
1.7.6 Any verbal requests or exchanges from the client to the coating applicator must be supported by a formalised written document or email. The client must confirm all correspondence has be transmitted successfully and has not landed in junk folders or bounced back from incorrect mailing address issues.
Completion
1.8 A client is due and payable 21 days after the completion of the project. The project is deemed complete when the client has inspected the project and the project has left the coating applicators paint area.
1.8.1 If the client instructs the coating applicator to dispatch the project or remove the project from the paint area, it is deemed that they accept the project as it is and wave their right to scrutinize or make changes to the completed works once this has taken place.
1.8.2 ‘Completion’ refers to the physical works being completed; The period immediately after the project has left the coating applicators paint area is the period which the client is 21 days due and payable. All administration and QA documentation fall into the additional components of the project which are handed over after payment has been submitted by the client. Once the project has been handed over following payment, the coating applicator is released from all obligations of the project.
1.8.3 Should the client wish to engage the coating applicator for additional services past project completion or hand over, this will be priced as a variation or classified as a different project.
Indemnities
1.9 Projects where the coating applicator does not arrange the transport or manage the site installations for are excluded from any or all indemnities sought from the client, sub-client, subsidiary, paint supplier or other vendor occurring from coating failure or breaches of the paint specification.
1.10 Projects where the coating applicator does not procure or supply the paint products for are excluded from any or all indemnities sought from the client, sub-client, subsidiary, paint supplier or other vendor occurring from coating failure or breaches of the paint specification.
1.11 False, misleading or undisclosed information from the client in relation to coating specifications or job specifics will exclude the coating applicator from any or all indemnities sought from the client, sub-client, subsidiary, paint supplier or other vendor occurring from coating failure or breaches of the paint specification.
1.12 Unrealistic or inadequate lead times set by the client will render all protective coatings supplied to be at the client’s risk and responsibility. Dispatching projects prior to appropriate cure times will also render protective coating products supplied to be at the client’s risk and responsibility.
1.13 False, misleading or undisclosed information from the paint supplier in relation to coating specifications or job specifics will exclude the coating applicator from any or all indemnities sought from the client, sub-client, subsidiary, paint supplier or other vendor occurring from coating failure or breaches of the paint specification.
1.14 All projects that leave the coating applicators paint area become the client’s responsibility. The only window the client has to rectify unsatisfactory coatings is at the coating applicators Warehouse in the coating applicators paint area. The coating applicator is excluded from any or all indemnities sought from the client, sub-client, subsidiary, paint supplier or other vendor occurring from coating failure or breaches of the paint specification after project has left the paint area.
1.15 Coating failure could occur from, but is not limited to the following;
1.15.1 Handling or loading project components onto freight or transport
1.15.2 Wear and tear from transportation, unloading or installation
1.15.3 Dullness, peeling, blistering, cracking, chalking on substrate from exposure to environmental conditions
1.15.4 Overspray, dust or debris from plant operations
1.15.5 Vandalism or graffiti of any kind
1.15.6 Prolonged storage at coating applicators warehouse
1.15.7 Failure to touch up damaged components if/where applicable to the paint specification of the project
Supply
1.16 The paint supplier must supply the correct paint products to achieve the outcomes they have outlined in the project paint specification; all thinners, hardeners, accelerators and applicable paint products must suit the spray conditions of the coating applicator’s warehouse in Wagga Wagga at the time of year the project is being completed. Failure by the paint supplier to supply the correct products will exclude the coating applicator from any indemnities or reworks occurring from coating failure, project delay or breaches to the paint specification.
1.16.1 The coating applicator does not manufacture the paints or paint materials used for protective coating products. The paint supplier will deliver a duty or care to supply the correct products for the correct applications.
1.16.2 The client and the coating applicator depend on reliable advice and product support from the paint supplier. Failure to respond to inquiries or requests or non-disclosure on the part of the paint supplier may subject the paint supplier to damages or indemnities should the client or coating applicator seek them.
1.16.3 The coating applicator will adhere to the paint specification as close as practicable to the paint suppliers written requests. In good faith the coating applicator will supply the project to the client with the intentions of superior coating performance. However, the coating applicator negates themselves from any breaches of the paint specification.
1.16.4 Incorrect product supply, product advice or product suitability for a project from the paint supplier will exclude the coating applicator from any or all indemnities sought from the client, sub-client, subsidiary, paint supplier or other vendor occurring from coating failure or breaches of the paint specification.
Coating Performance
1.17 Dry Film thickness (DFT) or ‘total required DFT’ of the paint specification will be measured and recorded by the coating applicator as a part of Q.A Protocol.
1.17.1 *The coating applicator will be afforded a single point test tolerance of 50% higher than the maximum and 50% lower than the minimum values nominated in the paint specifications minimum and maximum DFT ranges.
1.17.2 The single point test tolerance will supersede any requirements specified by the paint supplier or paint specification.
1.17.3 Values outside this range will be tested within 100mm of the original point for verification.
1.17.4 The coating applicator must witness calibration documentation of any independent or third-party test personnel that the client or other vendor provides to test the protective coating product(s). Failure to demonstrate calibration will void all subsequent test findings.
1.17.5 *The coating applicator will be afforded a ‘mean’ or average total DFT tolerance of 40% plus or minus the value which is halfway between the required minimum and maximum DFT ranges of the paint specification.
1.17.6 The ‘mean’ total DFT tolerance will supersede any requirements specified by the paint supplier or the paint specification. This average is individual to each item of the project; items which fall under the 40% tolerance average will be brought up to coating requirements provided the item has not been dispatched from the coating applicators warehouse. Once project components are dispatched from the coating applicators warehouse, they become the responsibility of the client to rectify.
1.17.7 The client or other vendors are welcome to be a part of the Q.A procedure and recording processes that the coating applicator conducts. However, once the project is dispatched from the coating applicators warehouse, the testing and coating results become the responsibility of the client.
1.17.8 The coating applicator derives the specified tolerance ranges from the notion that all operators are human and at no point is spray automation part of our production line or paint processes. Coatings are applied to varying shapes, sizes and materials and do not have the control conditions which are afforded to paint supply laboratories, factories or outlets. The coating applicator will always strive for accuracy with coating parameters, and when provided the correct feedback from the client or vendors will rectify if and where applicable coatings outside of the coating applicators parameters. This is only provided the project remains or is still located at the coating applicators warehouse in Wagga Wagga.
*Single Point Test Example
DFT Range Minimum = 300 Micron Maximum = 400 Micron
Tolerance Value: Minimum = 150 Micron Maximum = 675 Micron
*Mean (Average) Test Example
DFT Range 300-400 Micron Halfway Value = 350 Micron Tolerance = 210-560 Micron
Colour
1.18 Any colour specified on a project must be in writing and carry a recognised paint code with an authorised paint distributor. The coating applicator is negated from any colour variance, shade, tone or texture which is not to the satisfaction of the client. The coating applicator will not choose project colour options unless instructed by the client; the coating applicator will not be held to account for incorrect or unsatisfactory colour supply or coating.
Contracts
1.19 Any contract the client has entered into with another vendor do not apply, or the conditions thereof to the coating applicator. This includes but is not limited to;
1.19.1 The client agreeing to liquidated damages clauses set out by a sub-client or other project vendor
1.19.2 The client agreeing to payment schemes which don’t align with the coating applicators requirements
1.19.3 The client agreeing to project lead times which don’t suit protective coating lead times and/or environmental conditions.
1.19.4 The client withholding payment in order to finance other vendors ahead of the coating applicator
Quality Assurance
1.20 Quality Assurance documentation will only be made available to the client following payment in full of corresponding completed project. This is subject to approval and may incur additional administration fees for document completion, processing and submission.
1.20.1 The coating applicator holds no liability if the QA documentation is not in accordance with the clients QA protocol; The client must apply in writing to the coating applicator before the project has begun to implement a job specific QA protocol and recording system(s).
1.20.2 The coating applicator will not release QA documentation until full payment is processed for the project. The documentation is confidential and forms part of the coating applicators intellectual property.
1.20.3 The release of documents or intellectual property of the coating applicator supersedes any requirements set out in the paint specification or contractual agreements the client is held too.
Client Inspection
1.21 Every client is afforded the opportunity to inspect the protective coatings products nearing the completion of the project. Whether the client takes this opportunity or not is at the client’s individual discretion.
1.21.1 Once the Project have left the paint area the client will no longer have the option to scrutinizer or request changes to the project.
1.21.2 Projects with several batches or shipments will be inspected on a batch by batch means. If a batch has already left the paint area is has moved past the window of opportunity for scrutiny or changes to be made.
1.21.3 If it is not the client inspecting the project, it must be a nominated representative by the client which must be formalised in writing. This representative must make themselves available for inspection to align with production schedules of the coating applicator.
1.21.4 All nominated inspectors must log in and out of the coating applicators site register each visit to site
1.21.5 The inspector must sign and lodge any applicable QA documentation to state they approve of completed coatings.
1.21.6 If the inspector does not approve the works, they must provide written reason why the project does not meet the requirements of the paint specification. If the inspector’s reasons do not adequately support the paint specification requirements production will cease on the project until transparency is reached by both inspector and the coating applicator. If it is found that the inspector has incorrectly rejected works, a variation will be charged for lost productivity to the client if and where applicable.
1.21.7 All damage or non-compliant coatings become the responsibility of the client to rectify after it has left the paint area.
1.21.8 The coating applicator extends no tolerances or allowances to fix surface coatings after the project has left the paint area.
Warranty
1.22 QA Documentation processed from the coating applicator will form part of a Paint supplier’s warranty. The paint supplier’s warranty is subject to the conditions of the ‘applicator supply terms’. If the client wishes to amend the conditions of this document, they must submit amendments in writing before the project has begun. These conditions are subject for approval and must also comply with the coating applicators ‘standard terms and conditions of trade’.
1.22.1 The coating applicator does not provide warranties; the coating applicator is only to act in conjunction with a paint supplier to support their warranty services.
1.22.2 The coating applicator will not execute any warranty conditions or reworks; this is strictly the role of the paint supplier to arrange, procure and finance.
1.22.3 The coating applicator will not support warranties on any substrates which are likely to move in normal service.
1.22.4 The coating applicator will not support warranties on projects where unqualified personnel have made alterations to the project. Only approved applicators by the paint supplier will make changes or perform touch ups if and where applicable. Other changes may include but are not limited to the following;
1.22.4.1 Cutting, welding or grinding the protective coating
1.22.4.2 Applying additional coatings to the project
1.22.4.3 Washing the coating with solvents or cleaners
1.22.4.4 Marking or writing on the coating
1.22.5 QA documentation once submitted to the client is then the responsibility of the client to archive and maintain records
for. The coating applicator will not process requests to reproduce or store client’s records past the project hand over.
Copyright 2017 Tasman Grit Steel Cleaning Pty Limited A.B.N. 89 003 673 989