Shade Sails Sydney award winning designs 

Trading Terms

BUILDING LICENCE DETAILS    Contractor Licence issued to Hytech Plastics Pty Ltd  - Awnings, Pergolas & Sun Screens 55227C,                                                                    Supervisor Licence issued to Eric Moonen  - 13626S.                                   

      A.         PRICE

1.       A deposit of 30% (commercial) or 10% (domestic) is to be paid to Abacus Shade Structures upon written acceptance of this contract.

2.       This contract has a cooling off period of five business days.

3.       On projects below $20,000.00, after an initial deposit is made, an instalment payment of 50% will be required for work in progress  usually upon steel installation stage,      with the balance due and payable on the final day of works. This is in accordance with the Building and Construction Industry Security of Payment Act 1999 NSW and the NSW Fair Trading Act. An instalment schedule will be supplied if different to this contract.

4.       On commercial work above $20,000.00, an instalment payment schedule will be determined consisting of an initial deposit of 30%, instalments for work in progress, with a balance due upon satisfactory completion. This is in accordance with the Building and Construction Industry Security of Payment Act 1999 NSW.

5.       The quoted price is in Australian dollars and is valid for one calendar month.

6.       All variations to original contract price and this contract shall be in writing.

7.       Payments are due within 10 days of invoice date for any deposit, instalment or final payment unless otherwise agreed in writing at the time of quotation.

8.       Tax Invoices are payment claims made under the Building & Construction Industry Security of Payment Act 1999 NSW.

9.       Any retention will not exceed 2.5% for 60 days, after which time collection costs will apply (see clause 7)

10.    All goods remain the property of Hytech Plastics Pty Ltd until paid in full.

11.    We have the right to enter premises & remove the structure made by our company if payment is not received within the agreed period.

12.    Collection costs will be incurred at a rate of 20% per annum or part thereof, of outstanding amounts due if trading terms are exceeded. Further legal and court costs may apply.                                                                                                                                                                                                                                                                                                     B.          ACCESS & FACILITIES

1.       We have assumed delivery using a small truck within 10m of true position.  Structure will not be carried up stairs, in lift shafts or through finished buildings unless       specifically agreed to at the time of quotation.

2.       Protection to finished surfaces or working over established plant, or loss of access to easily install our product, that was not identified on the drawing or highlighted at  the time of quotation, that causes construction delays will be charged out as a variation.

3.       We will take reasonable care to prevent damage to existing paths, driveways etc. but will not accept any responsibility for damage to existing paths, driveways etc. in  the course of erecting structure. Specialist services eg paving, plumbing, electrics or concreting, if required, are outside the scope of our skills and will need to be arranged      separately unless specified within our quotation

4.       It is an assumption of being on your premises to do the work described above, that any vehicles or machinery used on the site are there with your approval.

5.       Single-phase power, water, toilet facilities, barricades (if required) and suitable rubbish receptacles are to be provided during installation.

6.       We have assumed unrestricted access to the site from 7.00am to 6.00pm Monday to Friday. Work performed outside these hours may incur a labour surcharge.

7.       The safety of the public during construction means the site and access to the site must be barricaded off.  The hire of suitable barricades, and restrictions on access,         must be agreed prior to the commencement of construction.

C.                  FOUNDATIONS

1.       Foundations are to be dug by machine (bobcat and auger or drilling rig) and the concrete placed by truck.

2.       The price quoted is for a clear, level site and any filling, compacting, leveling, hand digging etc. will be charged an extra  $100.00 + GST per man hour plus rock drills, special excavation plant, cranes or concrete pumps.

3.       Soil from excavations will be left on site unless otherwise agreed. Mini Skip bins or tipper trucks are not supplied unless specified in our quotation. The customer is to arrange for removal of soil and other spoils from the site.

4.       The location of any footings, foundations or holes to be dug will be discussed with the client.

5.       The client is responsible for identifying all underground services prior to foundations being dug. The client is to satisfy Abacus that neither Abacus staff nor sub–contractors are at risk of injury from unidentified services.

6.       Abacus may undertake its own underground searches if the client is unable to supply suitable, recent & authorised documents identifying underground services and assets. The most common and thorough search identifies services emitting an electrical charge. A fee of around $300 applies for this search. While searches are generally accurate they do not offer a 100% guarantee but in combination with the client’s underground service site maps, accuracy can be higher.

7.       Any repairs and consequential damage caused by unidentifiable services that are damaged during excavation are to be paid for by the client, including machine hire costs, labour down time or overnight accommodation.

8.       Any relocation of footings and foundations as a consequence of section 7 or for any other reason as decided by the client will be charged to the client, including machine costs, labour time, and accommodation costs and waiting time as applicable.ound services prior to foundations being dug. The client is to satisfy Abacus that neither Abacus staff nor        sub–contractors are at risk of injury from unidentified services.  

        D.                  EXCLUSIONS

1.         There has been no allowance for gutters, down-pipes, drainage or detailed services unless specified in the quotation.

2.         We have assumed that any existing foundation or structural attachment point will take the applied load strength.  The client is responsible for confirming this with their engineer.

3.         The job is as quoted. Any modifications, additional work that was not quoted for may be charged back to the client. This will be documented and invoiced.

4.         Poles are galvanised for long life rust protection, however this process does not guarantee a smooth surface finish. If a smooth finish is desired optional  processes of shot blasting, etching, priming & painting need to be added into the price of the project

5.         If the client chooses to paint any galvanised steel  supplied by Abacus, the client must ensure that the galvanised surface has been adequately degassed in a heat            oven prior to painting or powder coating.

E.            APPROVALS

1.       The Client shall be responsible for making enquiries into, and shall be liable for the cost of obtaining from the relevant local authority, any building permit, licence or the like required pursuant to the laws of New South Wales in respect of the works the subject of this contract.

        F.          GUARANTEES

1.       All manufacturers’ material warranties will be passed to the client. The client cannot pursue Abacus Shade Structures for product warranties beyond that offered by the manufacturer.

2.       A small name tag (100mm x 140mm) appears at the bottom of  work to identify Abacus Shade Structures as the manufacturer for warranty claims.

3.       The vendor is limited to the replacement of defective materials or faulty workmanship.

4.       The client shall do all in their power that is reasonable to mitigate losses occurring from any perceived or actual defect. 

5.       Alterations, additions or damage made by others invalidate the guarantee.

6.       Failure to maintain sails and structures with cleaning and annual inspections may void warranty claims.

7.        Home Owners Warranty (HOW) is required on all domestic projects over $12,000.00. The HOW insurance charge is calculated on a project specific basis and once determined by the insurer is invoiced to the client for payment. This charge applies after  quotation and may not appear in the quotation.

8.       Poles are galvanised for long life rust protection, however this process does not guarantee a smooth surface finish. If a smooth finish is desired optional  processes of shot blasting, etching, priming & painting need to be added into the price of the project.

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  • Abacus Shade Structures
  • Level 14, Lumley House,
  • 309 Kent Street,
  • Sydney NSW 2000
  • Australia: 02 9831 1218
  • Int: 61 2 9831 1218
  • [email protected]
  • © Copyright 1999-2016, Abacus Shade Structures. All rights reserved. Trading TermsShade Sails - Sydney based supplier