(a) Quotation is based on a physical inspection by Micron Group or its nominated sub-contractor (“Micron”) of the site where work is to be carried out, or upon details provided by the customer (“Customer”).
(b) The Quotation is based on the work being carried out from Monday to Friday from 9am to 5pm. Work carried out outside this period will incur additional fees and charges to be paid by the Customer.
(c) The Quotation does not include any charges or fees to supply authorities or any other authority.
(d) The Customer must accept or reject the Quotation within thirty (30) days of its receipt. If not accepted within the specified time, the Quotation will no longer be valid. MICRON may, at its option, extend this period by notification in writing to the Customer.
(e) The Customer may accept the Quotation by sending to MICRON a letter acknowledging and agreeing to the terms of the Quotation or by signing and returning a copy of the Quotation to MICRON (the “Contract”).
(a) The Customer shall pay to MICRON in full within 14 calendar days from the date of invoice.
(b) MICRON shall issue invoices to the Customer upon completion of each stage of the performed work. The Building and Construction Industry Security of Payment Act 1999 (NSW) shall apply in respect to progress payments.
(c) If the Customer does not pay within the period mentioned in Clause 2(a), the Customer shall pay interest on the outstanding amount from the date the payment becomes due until the date the payment is made at a rate equal to 1.5% per calendar month, compounded monthly.
(d) MICRON shall be entitled to recover all (legal) costs (including but not limited to debt collector costs) from the Customer in the event that the Customer does not pay within the period mentioned in Clause 2(a) or does not fulfil any of other obligations under the Contract.
(e) Unless otherwise stated, the amounts mentioned in the Quotation or any other documentation from MICRON do not include GST.
In consideration for MICRON performing work to the Customer, the director signing the Quotation on behalf of the Customer (jointly and severally, if there is more than one director, and) unconditionally guarantees the payments of all amounts by the Customer under the Contract. MICRON may recover the amounts from the guarantor as a liquidated debt.
(a) MICRON will carry out work in a good and workmanlike manner and supply material of the kind described in the Quotation and comply with all relevant Australian standards and requirements of all statutory authorities related to the work.
(b) If the Customer is not a consumer within the meaning of the Competition and Consumer Act 2010 (Cth), MICRON’s liability for any defect or damage in the work carried out is:
(i) limited to the value of any express warranty or warranty card provided to the Customer by MICRON;
(ii) limited to any warranty to which MICRON is entitled, if MICRON did not manufacture the goods used in the work carried out; or
(iii) limited to the value of the work carried out by MICRON.
(c) MICRON is not liable for any loss or damage to the Customer’s or any other third party’s personal property that remains on the site during the performance of the work.
(a) Any variation of the Contract shall be made in writing and must be approved in writing by MICRON.
(b) The Customer acknowledges that a variation of the Contract shall never decrease the price mentioned in the Quotation, however such variation may increase the price mentioned in the Quotation.
(a) Risk of loss, damage or destruction to the materials, equipment and other goods or any part thereof shall pass to the Customer on installation.
(b) MICRON shall remain the owner of all installed materials, equipment and other goods until the Customer has fully paid MICRON all amounts owed to MICRON and the Customer has fulfilled all other obligations to MICRON.
(a) The Customer acknowledges that the Contract constitutes a security agreement for the purposes of section 20 of the Personal Property Securities Act 2009 (“PPSA”) and that a security interest exists in all materials, equipment and other goods and services previously supplied or installed by MICRON to the Customer and in all future materials, equipment and other goods and services of the Customer.
(b) The Customer will execute documents and do such further acts as may be required by MICRON to register the security interest granted to MICRON under the Contract under the PPSA.
(c) Until ownership of the materials, equipment and other goods passes, the Customer must not give to MICRON a written demand or allow any other party to give MICRON a written demand requiring MICRON to register a financing change statement under the PPSA or enter into or allow any other party to enter into the register of personal property securities a financing change statement under the PPSA.
(d) The Customer acknowledges that it has received value as at the date of first delivery of the materials, equipment and other goods and has not agreed to postpone the time for attachment of the security interest (as defined in the PPSA) granted to MICRON under the Contract.
(e) The Customer irrevocably grants to MICRON the right to enter upon the Customer’s property or premises, without notice, and without being in any way liable to the Customer or to any third party, if MICRON has cause to exercise any of MICRON’s rights under section 123 and/or section 128 of the PPSA, and the Customer shall indemnify MICRON from any claims made by any third party as a result of such exercise.
(a) Should the Customer fail to fulfil its payment or other obligations to MICRON, MICRON may cancel the Contract by giving written notice to the Customer. On giving such notice, MICRON shall not have to repay to the Customer any money paid by the Customer for work that has not yet been performed. MICRON shall not be liable for any loss or damage whatsoever arising from such cancellation.
(b) In the event that the Customer cancels the Contract, the Customer shall be liable for the balance of the price under the Contract and any other loss incurred (whether direct or indirect) by MICRON as a direct result of the cancellation (including, but not limited to, any loss of profits).
On completion of the work performed by MICRON, MICRON will remove from the site all goods, plant and equipment, rubbish and surplus material relating to the work performed. All such goods, plant and equipment, rubbish and material remain property of MICRON unless otherwise agreed.
(a) MICRON may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
(b) These terms and conditions and the Contract to which they apply shall be governed by the Laws of the State of NSW, Australia, and are subject to the jurisdiction of the Courts of the State of NSW, Australia