1. General
1.1 ‘Terms and Conditions of Trade’ may also be referred to in this document as ‘Terms and Conditions’ or ‘Terms of Trade’
1.2 These Terms of Trade apply to the exclusion of all others
1.3 Terms and Conditions incorporated in any purchase order or commercial body who procures Tasman Grit’s services are negated.
1.4 Tasman Grit supplies only on these Terms and Conditions and any purchaser taking delivery of goods and products shall by doing so agree to these Terms and Conditions applying to the exclusion of all other Terms and Conditions.
1.5 The ‘purchaser’, ‘client’ or ‘authority’ who has actioned the works to take place can apply to one or multiple bodies. All of which must adhere to these Terms of Trade. A company representative who procures the work on behalf of a company, by doing so submits the company they represent to these Terms of Trade.
1.6 If a provision of these Terms of Trade is wholly or partly invalid or unenforceable by law, that provision, or the part of it that is invalid or unenforceable must, to the extent, be deleted from these Terms of Trade. Nothing affects the validity or enforceability of the remaining Terms of Trade.
2. Prices and Quotation
2.1 Any prices provided by Tasman Grit verbally are only to be used as a guide. Verbal pricing is based on information relayed to Tasman Grit over the phone or in person. This information can change and the particulars of the project may not align with what Tasman Grit has accounted for in their scope of works or verbal estimations. It is for this reason all clients must seek a written quote for projects prior to commencement.
2.2 The cost of the final works for the project will be determined by Tasman Grit’s project labor sheets, where no written quotation has been supplied. It is not compulsory to require a written quotation prior to requesting Tasman Grit to begin works on a project, it is only an advised practice.
2.3 All prices are ex-warehouse at Wagga Wagga unless otherwise stated in writing. Transport and delivery charges (if applicable) are payable by the purchaser in addition to any quoted price.
3. Payment
3.1 Terms of payment will be cash on dispatch of a project; where purchaser has requested Tasman Grit to organize delivery of the project. These terms are non-negotiable to clients who do not hold an account with Tasman Grit.
3.2 Terms of payment will be payment on pick up of a project; where purchaser has come to collect the project themselves from Tasman Grit’s depot. These terms are non-negotiable to clients who do not hold an account with Tasman Grit.
3.3 To obtain a Trade Account, the client must fill in a Trade Account form and undergo a financial background check with business references before being approved to Trade with the Trade Account.
3.4 Tasman Grit reserves the right to refuse the application of a Trade Account to any purchaser
3.5 Once granted a Trade Account, Tasman Grit reserves the right to cancel, suspend or revoke the Trading account if the client does not adhere to the terms agreed to in the Trading account.
3.6 Tasman Grit reserves the right to withhold deliveries or retain possession of projects in circumstances where terms of payment have not been met by the purchaser.
3.7 If the purchaser fails to pay any moneys owing to Tasman Grit within 14 days, such overdue moneys shall accrue interest from day to day at a rate equal to 12% per annum on such moneys after 14 days from the date of invoice, until all moneys are paid in full.
3.8 Any payment or interest due to Tasman Grit in accordance with this clause, the purchaser shall be liable for all reasonable legal and debt collection costs incurred by Tasman Grit in relation to collection of any payment due by the purchaser on a full indemnity basis.
4. Retention of Title and Passing of Risk
4.1 Title in goods and products purchased remains with Tasman Grit until Tasman Grit has received payment in full of all monies owing by the purchaser for the purchase of the products and services. If payment is not made in full by the due date for payment, then Tasman Grit is authorized to re-take possession of the goods and products and to recover any deficiency on resale of the goods and products plus any costs of re-taking possession as a liquidated debt.
4.2 Tasman Grit is authorized to enter any premises under the control of the purchaser to retake possession of the goods and products purchased. Upon resale of the goods and products, whether as part of another good or product manufactured by the purchaser, the purchaser will hold any proceeds of sale in trust for Tasman Grit until payment of the goods and products has been made in full.
4.3 Risk in relation to damage to the goods and products passes to the purchaser upon their dispatch or collection from Tasman Grit’s depot. Tasman Grit will in no circumstances be responsible for delay in delivery. Any purchaser requiring urgent delivery or dispatch of goods and products should make its own arrangements for collection of goods and products from Tasman Grit’s depot.
4.4 Urgent delivery or dispatch of items only applies to goods that have been paid for in full prior to pick up.
5. Warranties / Finished Projects
5.1 All finished products will be checked on site and approved by the purchaser prior to leaving Tasman Grits depot. Once a product leaves Tasman Grit’s depot it is then under the duty of care of the purchaser.
5.2 An application in writing must be made to amend any Warranty conditions, and they must be congruent with Tasman Grit’s products and services. Any amendments to the Warranty conditions must be approved by Tasman Grit prior to commencement of work on the project.
5.3 The purchaser must provide the following information if not approving the finished project
5.3.1 They must reference the part of the scope of works Tasman Grit has not adhered to
5.3.2 They must acknowledge how they wish Tasman Grit to rectify the issue
5.3.3 Subjective assessments of paint works will not be considered, all rectifications must be objective based or relating to the scope of works or standards agreed upon in the quotation
5.3.4 Fair and reasonable requests for reworks on completed projects will be approved, however unreasonable request including any of the following will not be approved;
5.3.4.1 Automotive paint finishes or the expectations of services that don’t pertain to industrial spray painting
5.3.4.2 Requests made with abusive or defamatory language
5.3.4.3 Requests made for works outside of the quotation or scope of works
5.3.4.4 Requests made after project has been picked up or delivered
5.4 Works that take place that do not fulfill any Warranty requirements laid out in this Terms of Trade will be at the added cost of the purchaser and to be paid before works leaves Tasman Grits depot.
5.5 Tasman Grit does not offer warranties under the following conditions
5.5.1 The welding or fabrication works of the steel item(s) contains the following
5.5.1.1 Porosity
5.5.1.2 Weld spatter
5.5.1.3 Sharp edges
5.5.1.4 Uneven or unground welds
5.5.1.5 Seem welded joins that are not fully welded
5.5.1.6 Cast iron steel projects
5.5.1.7 Mild steel mesh
5.5.2 The project is not fixed or stationary in normal service
5.5.3 The project has been damaged in transport
5.5.4 The project does not have a written quote with a scope of works and ITP system in place
5.6 The purchaser relinquishes their right to any warranties or claims should the following occur;
5.6.1 The purchaser refuses or is unable to make themselves available to check finished works prior to pickup or delivery. Any delivery driver or representative who picks up the project inherits the responsibility of being the one responsible for approving the completed project.
5.6.2 The purchaser may elect an authorized representative to act on their behalf and approve the finished project prior to pick up or delivery. If the person picking up the work is not the elected representative then all warranties or claims will be void.
6. Applicator Supply Terms
6.1 All Commercial Protective coatings products or services provided by Tasman Grit will be in accordance with the Tasman Grit ‘Applicator Supply Terms’. The Purchaser will adhere to these terms and must apply in writing to amend any of the clauses of the supply terms.
6.2 The Applicator Supply Terms has been established for Commercial entities
6.3 Any non-disclosures or unknown conditions of the Terms of Trade or the Applicator supply Terms are the responsibility of the purchaser to clarify with Tasman Grit
7. Exclusion/Limitation of Liability
7.1 In so far as is possible all liability whether by statute or common law in relation to the supply of services and products by Tasman Grit are expressly negatived and do not apply.
7.2 Tasman Grit is not liable to the purchaser, and the purchaser releases Tasman Grit, from any breach of contract or duty of care. Written submission must be made for liquidated damage clauses on commercial contractual works prior to the commencement of works. This submission must be approved by Tasman Grit and must align with the written quote or scope of works. If there is no written quotation and no approved liability agreement then there is no liability by Tasman Grit on any products or services.
7.3 The Purchaser acknowledges that Tasman Grit is not responsible for, and releases Tasman Grit from, any direct, indirect, or consequential loss or expense suffered by the purchaser or any third party, howsoever caused from the supply and use of the products and services of Tasman Grit.
7.4 All Abrasive Blast services are conducted without liability against Tasman Grit; The purchaser must hold their own insurance against the item(s) being Abrasively Blasted. The purchaser has engaged Tasman Grit to assist with rust and paint removal; any outcomes occurring outside of these mandates are at the purchasers risk and responsibility.
8. Governing Law
8.1 The supply of goods and products by Tasman Grit is governed by the laws of the State of New South Wales and the parties agree to submit exclusively to the jurisdiction of the courts of New South Wales to any matters arising from this Agreement.