The customer is taken to have accepted these terms and conditions if the customer places an order for, makes a deposit, submits a work order or accepts services provided by Bennett’s Group. This acceptance acknowledges that you have read, understood and agree to theses terms and conditions.
Price and quotation
Bennett’s Group quoted price will be valid for thirty (30) days from the date stated in the quote. Any work not written in the quotation is not included in the job or price.
Bennett’s Group reserves the right to change the quoted price:
- if a variation to the services originally scheduled (including any applicable plans or specifications) is requested
- if additional services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery and /or raw materials, safety considerations including the removal of hazardous material eg asbestos, prerequisite work by a third party not being completed, change of design, on-costs etc) which are only discovered on commencement of the services.
Variations will require a revised quote to be issued by Bennett’s Group. The revised quote issued in respect of the requested variation supersedes the original quote.
Delivery of services
Any time specified by Bennett’s Group for delivery of the services is an estimate only and Bennett’s Group will not be liable for any loss or damage incurred by the customer as a result of delivery being late. The delivery of the services may be affected by unforeseeable events, including but not limited to, illness, inclement weather, difficulties experienced in obtaining materials and\or labour etc. However, both parties agree that they shall make every endeavour to enable the services to be supplied at the time and place as was arranged between both parties.
In the event that Bennett’s Group is unable to supply the services as agreed solely due to any action or inaction of the customer then Bennett’s Group shall be entitled to charge a reasonable fee for re-supplying the services at a later time and date.
Uneventful call-out fee
The customer must be present at the premises during the time scheduled for the delivery of services unless otherwise arranged and agreed with Bennett’s Group. We reserve the right to charge you an uneventful call-out fee if you are not at the premises at the scheduled time.
If you are not at the premises during the time scheduled, your delivery of services may be cancelled, by which the terms under ‘Cancellation’ will apply including, but not limited to, loss of profits and cost of materials.
The customer shall ensure that Bennett’s Group has clear and free access to the nominated site at all times to enable them to supply the services. Bennett’s Group shall not be liable for any loss or damage to the site unless due to the negligence of Bennett’s Group.
When we are not at the job-site, all materials delivered to the job-site are your responsibility. Bennett’s Group reserves its right to seek compensation and costs for any damage, destruction or loss suffered in relation to the materials as a result of the customer’s neglect.
Payment may be made by cash, electronic/online banking, or by any other method as agreed to between the customer and Bennett’s Group.
The customer agrees to pay a non-refundable 50% deposit of the quoted amount to commence any work.
Upon completion of the delivery of the services the final payment will be payable by the customer by the date specified on any invoice or other form as being the date for payment.
The customer shall not be entitled to withhold payment of any invoice because part of that invoice is in dispute.
Late payments and Default
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month.
If an account
remains unpaid after seven (7) days Bennett’s Group is entitled to take further action to recover the debt including all costs and disbursements incurred by Bennett’s Group in recovering the debt (including but not limited to administration fees, legal costs on a solicitor and own client basis, and bank dishonour fees).
If at any time the customer is in breach of any obligation (including those relating to payment) under these terms and conditions Bennett’s Group may suspend or terminate the supply of services to the customer. Bennett’s Group will not be liable to the customer for any loss or damage the customer suffers due to this breach.
Bennett’s Group may cancel any contract to which these terms and conditions apply or cancel delivery of services at any time before the services are commenced. Bennett’s Group shall repay to the customer any money paid by the customer for the services. Bennett’s Group shall not be liable for any loss or damage arising from such cancellations.
In the event that the customer cancels delivery of the services the customer shall be liable for any and all loss incurred (whether direct or indirect) by Bennett’s Group as a direct result of the cancellation (including, but not limited to, any loss of profits, cost of materials).
Defects and warranties
Generally unless otherwise stated, Bennett’s Group provide a warranty on labour for ninety (90) days.
Products and materials are covered by the manufacturer’s warranty.
Bennett’s Group maintains adequate insurance for:
- public liability to cover for third parties deaths or personal injuries or damage to property
- workers compensation insurance in accordance with Australian laws.
Errors and omissions
The customer acknowledges and accepts that Bennett’s Group shall accept no liability in respect of any alleged or actual error or omission:
- resulting from an inadvertent mistake made by Bennett’s Group in the formation or administration of this contract
- contained in/omitted from any documentation (hard copy or electronic) supplied by Bennett’s Group in relation to the services.
In the event such an error or omission occurs that is not attributable to the negligence or willful misconduct of Bennett’s Group, the customer shall not be entitled to treat this contract as repudiated nor render it invalid.
Compliance with laws
The customer and Bennett’s Group shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable, including any work health and safety (WHS) laws relating to building/construction sites and any other relevant safety standards or legislation that may be applicable.
The customer shall obtain (at the expense of the customer) all licenses and approvals that may be required.