Weigh-More Solutions Pty Ltd standard terms and conditions of sale:
Parties to Agreement:
These terms and conditions shall apply to the agreement for the provision of services between Weigh-More Solutions Pty Ltd and the client as referred to in the sales and order acknowledgment.
Project:Supply and Work as per sales and order acknowledgment.
Scope of works:The scope of works provided by Weigh-More Solutions Pty Ltd may include weighbridge sale, service, and installation, weighing systems and software sales and commissioning and certification by licensed technicians.
Professional standard of care: Weigh-More Solutions Pty Ltd shall provide and perform the services exercising due skill, care, diligence and judgment to a standard of competence regarded as acceptable by the National Measurement Institute and Office of Fair Trading. However, Weigh-More Solutions Pty Ltd does not accept responsibility for minor errors or omissions. It is an inevitable factor of the relationship between client and consultant and between consultants that minor errors and omissions may occasionally occur.
Information to be provided by the client:The client shall define the scope of works and services to be provided by Weigh-More Solutions Pty Ltd and supply Weigh-More Solutions Pty Ltd with all information and basic data required for the performance of the services and where necessary clarify the scope of work and services to be provided. Weigh-More Solutions Pty Ltd shall be entitled to rely upon such information and data. The client shall advise Weigh-More Solutions Pty Ltd immediately if it becomes aware of any matter which may change the scope or timing of the project. Changes from the original specifications on which an accepted order is based will not be accepted unless approved in writing by an authorised Weigh-More Solutions Pty Ltd official. If such changes increase the cost of any product or work, then such additional expenses shall be in addition to the originally accepted order.
Responsibilities of the client:The client shall promptly arrange site access and, unless otherwise specifically stated, shall as soon as practicable, obtain all necessary approvals, authorities for the lawful implementation and completion of the project. The client may submit to Weigh-More Solutions Pty Ltd an official order of acceptance against the provided quote or tender from Weigh-More Solutions Pty Ltd. The cover sheet of Weigh-More Solutions Pty Ltd terms and conditions must also be signed and returned to Weigh-More Solutions Pty Ltd prior to the commencement of works or sale.
Payments:The client shall pay Weigh-More Solutions Pty Ltd a 30% deposit fee in advance to initiate the order/works. The deposit fee will be payable net, seven (7) days on presentation of invoice. In relation to progress claims, an invoice will be submitted to the client monthly or fortnightly or as agreed with Weigh-More Solutions Pty Ltd and the client. Progress invoices not paid within fourteen (14) days of receipt may result in Weigh-More Solutions Pty Ltd placing progress work on hold until payment is received. All quotations are submitted ex GST. A restocking fee will be charged for items returned to Weigh-More Solutions Pty Ltd. An administration fee and late fee of $5.00 will be charged each month on invoices not paid within their account terms due to disputes that have not been notified to Weigh-More Solutions Pty Ltd in writing within fourteen (14) days. The title of goods on the invoice remains with Weigh-More Solutions Pty Ltd until the invoice is paid in full. In the event of payment default, the purchaser grants Weigh-More Solutions Pty Ltd unrestricted entry rights to reclaim the goods. Goods delivered are a strictly firm sale. Damage or shortages to be reported within 14 days or claims must be disallowed.
Delay of works: Weigh-More Solutions Pty Ltd has the right to place progress work on hold until all monies owing to date are paid. If the progress of a job is on hold and delayed due to payment issues, Weigh-More Solutions Pty Ltd will not be responsible for meeting deadline dates. The client will accept this, as their progress delay, breaching Weigh-More Solutions Pty Ltd Terms and Conditions and cannot hold Weigh-More Solutions Pty Ltd responsible. Neither will they be entitled to enforce liquidated damage on Weigh-More Solutions Pty Ltd.
Cancellation charges:The purchaser may cancel any order only upon payment of charges accrued at the date of cancellation. The minimum cancellation charge will be 15% of the gross sales price.
Warranties:Warranty for equipment and hardware and software programming is for a period of 12 months from the date of purchase. Warranty repair/replacement of equipment does not include travel or freight charges.
Claims:Claims for shortages, incorrect equipment or poor quality of work performed must be made in writing within 14 days after the receipt of goods or services by the purchaser. Failure to give such written notice within 14 days shall be an unqualified acceptance of the equipment and a waiver by the purchaser of all such claims.
Reimbursement of expenses:The client agrees to reimburse Weigh-More Solutions Pty Ltd for all incidental costs and expenses incurred by Weigh-More Solutions Pty Ltd in connection with the project. Payment for such is to be made within fourteen (14) days of written request or on presentation of invoice.
Variation:All variations will only be taken into consideration with notification in writing received from the client and carried out after analysing the capabilities and negotiating the price. All materials charged under variations will be charged at current prices and will be payable as per agreement item 7.
Limitation of liability: Weigh-More Solutions Pty Ltd shall be under no liability to the client in regards to any work outside of the agreed contract.
Workplace agreements: Weigh-More Solutions Pty Ltd technicians and subcontractors quote, wages, and terms and conditions under Weigh-More Solutions Pty Ltd Workplace Agreements. Any additional charges in relation to EBA or Workplace Agreements if enforced will be additional to contract price.
Copyright:The ownership and copyright of the project consisting of all intellectual property, reports, specifications and software prepared by Weigh-More Solutions Pty Ltd shall be and shall always remain the property of Weigh-More Solutions Pty Ltd. Provided the client is not in default under the agreement, the client shall have a license to use the documents and software for the purpose of completing the project. The client shall not use, or make copies of such documents in connection with any work not included in the project.
Termination of Agreement: Weigh-More Solutions Pty Ltd may by notice in writing served on the client terminate the agreement: If the client is in breach of the provisions of Clause 7 hereof. If the client is otherwise in breach of the agreement and the breach has not been remedied within fourteen (14) days (or as Weigh-More Solutions Pty Ltd may allow) of the service by Weigh-More Solutions Pty Ltd on the client of a notice requiring the breach to be remedied. If the client is a company that is wound up or goes into liquidation, or if a Provisional liquidator, receiver, and/or manager are appointed to the client in respect of its undertaking or property or any part thereof or, if being a person, the client dies or becomes bankrupt or mentally incompetent. The client may by notice in writing served on Weigh-More Solutions Pty Ltd terminate the agreement if Weigh-More Solutions Pty Ltd is in breach of the agreement and the breach has not been remedied within fourteen (14) days (or such longer period as the client may allow) of the service by the client on Weigh-More Solutions Pty Ltd of a notice requiring the breach to be remedied.
Disputes:In the event of a dispute between the client and Weigh-More Solutions Pty Ltd regarding any matter arising out of these Terms and Conditions, notice of the dispute shall be put in writing. If the parties fail to agree within one month of the notice of dispute being served, then Weigh-More Solutions Pty Ltd and the client shall place the job on hold until a decision has been made. The cost of all arbitration proceedings shall be borne as the arbitrator may direct.
Time Limit:The price quoted in the tender is valid for 90 days only. If work is not commenced within that period, the contractor reserves the right to withdraw the tender or re-quote.
A privately owned Australian company that has grown to become one of Australia’s largest and most respected industrial weighing specialist suppliers.