1. This contract is entered into and will be binding on G Child Earthworx Pty Ltd (GCE) and the Client upon the Client’s acceptance of the supplied quotation.
2. Once the Client has accepted the quotation supplied and returned written acceptance of these terms and conditions, a commencement date will be set.
3. GCE will provide a Tax Invoice to the Client upon completion of the works detailed in the supplied quotation. The Client must also pay the GST as stated in the Tax Invoice.
4. Full payment of the Tax Invoice is to be made within 14 calendar days from the date of Invoice.
5. Monthly Interest may be charged at the rate of 10.0% per annum on any Tax Invoice which remains unpaid. GCE may also charge any costs and expenses back to the Client (including any commission payable to any commercial or mercantile agents and legal costs) incurred by GCE in recovering any unpaid amounts under this Works Agreement.
6. There is a minimum of 4 hours hire plus a flat rate floatage fee each way, unless otherwise specified.
7. In the event of wet weather or cancelation, the Client is to inform GCE at least 12 hours prior to the agreed commencement date. If there is no notification or within 12 hours of the commencement date, GCE reserves the right to charge a 2 hour hire rate cancelation fee plus one way flat rate floatage fee.
8. The Client is responsible for any charges incurred by GCE when GCE supplies materials and consumables. These will be itemised on the tax invoice.
9. GCE shall not be held accountable for any advice given if said advice is proved to be contrary to any laws associated with governing bodies. Any advice given is to the best of GCE’s knowledge and shall be taken as advice only. The Client indemnifies GCE against any false or misleading information.
10. The Client is responsible to seek all approvals from local and state governing bodies and by contracting GCE they agree that they have all approvals in place. GCE takes no responsibility for works undertaken without approvals and outside of any imposed restrictions.
11. It is the clients responsibility to locate and identify all services and gain any approvals necessary for works to be undertaken. GCE takes no responsibility for damage caused to unidentified services.
12. The Client must give written notice to GCE of any invoice errors or incorrect invoice charges within 14 days of receipt of the monthly statement in respect of such invoices and that if the Client fails to give such notice within such period the Client shall be conclusively deemed to have accepted that the invoiced services were correctly charged to the Client.
13. Agrees that a written certification or statement by an officer, director or credit manager of the GCE purporting to state the amount owing by the Client to GCE at any time for shall be conclusive proof of its contents including the amount payable by the Client to GCE without further enquiry except in the case of manifest error.
14. In the event of litigation, proceedings may be served upon the Client by posting same to the registered office, postal, trading or residential address of the Client last notified to GCE and the Client shall be conclusively deemed served with such proceedings on the 3rd business day after the date of posting of same.
15. The agreement for supply of services by GCE to the Client is deemed to be entered into at Grafton NSW and any action by the GCE for enforcement of payment may be commenced out of a Court of competent jurisdiction at Grafton NSW.
16. GCE is entitled to a progress payment in respect of its work and services on the last day of each month in which work has been carried out or services supplied by GCE and on the day a job is completed or supply of services terminated if a job is completed or the supply of services is terminated during the course of a month.