Terms & Conditions

Please note that the quotation is submitted on the basis that Adform Shopfitting Terms and Conditions apply.
Thank you for the opportunity of quoting for this project. We look forward to working with you in the future. If you have any
questions, please feel free to contact us. Assuring you of our best attention at all times.
For your convenience, please fill out below to give authorisation to carry out the works noted in our quotation and return
complete transmittal via facsimile back to our office on (08) 9303 9491.
Kind regards,
Adform Shopfitting
Our standard Terms and Conditions
1. Definitions.
“Contractor” means Adform Shopfitting Pty. Ltd. (ACN 093 518 499).
“Client” means the person, firm, partnership or company from whom the order is received.
“Site” means the site where the Works are to be performed.
“Works” means the supply of goods, materials and or services by the Contractor.
2. Contract. This quotation may be accepted at any time for a period of 4 weeks from the date of this quotation by signing
the acceptance and returning it to the Contractor, unless previously withdrawn by the Contractor by notice in writing.
When accepted, the quotation (including these conditions) constitutes the entire contract between the Contractor and the
Client. This contract will be governed by the laws of the state in which the Works are performed. The parties agree that
any dispute regarding the Works or the terms of this contract will be exclusively determined by the courts of the state in
which the works are performed.
3. Assignment. The Client must not assign their rights or liabilities under this contract without the written consent of the
Contractor.
4. Sub-contractors. The Contractor may at its sole discretion enter into sub-contract agreements with others for any part or
the whole of the Works.
5. Cancellation. Cancellation by the Client (in whole or in part) may only occur with the written consent of the Contractor.
All costs incurred by the Contractor or associated with the cancellation of the Works will be recoverable as a debt due
from the Client.
6. Goods and Services Tax. The contract price stated in the quotation is exclusive of GST. The Client must pay the
Contractor all GST payable in respect of the supply of goods and services in performance of the Works under the terms of
this Contract.
7. Payment is to be made within 14 days of completion of any and all Maintenance Call Outs, including related works.
8. Payment. Notwithstanding the schedule of payments provided in the quotation, the Contractor reserves the right to
invoice progressively for materials and labour. Interim and final invoices are payable within 10 days of the date of issue.
Late payments will incur interest charges equal to the Commonwealth Bank standard business overdraft rate plus 2%
calculated daily. Where payment is in excess of 14 days late, the Contractor may treat the Client’s conduct as repudiation
of the terms of this contract and the Contractor may at its sole discretion suspend Works or terminate the contract in
accordance with clause 17.
9. Client’s Warranties as to Payment. The Client warrants that it has sufficient funds to pay for the Works in a timely
manner as disclosed in the Schedule. The Clients warrants that the information provided is true and accurate and
acknowledges that it is an essential term of this agreement. Failure to provide true and accurate information may result in
the suspension or termination of Works.
10. Retention moneys. Except as expressly stated in these terms, no retention amount is allowed for in this contract.
Where minor defects are apparent at the date of practical completion a retention of up to 2.5% of the contract price may
be withheld. Any retention amount withheld is payable to the Contractor forthwith on making good the defects.
11. Title. Title to goods supplied in performance of the Works will only pass to the Client on receipt of final payment. The
Client irrevocably authorises the Contractor, its employees, servants and agents to enter onto the Site and recover goods
and materials supplied, fixed or placed in position in the event of non-payment or bankruptcy of the Client.
12. Programme. The dates for possession and practical completion are stated in the Schedule. Extensions of time to the
date for practical completion will be granted for the following events:
(i) adverse weather conditions;
(ii) performance of additional Works / variations in accordance with the Client’s instructions;
(iii) the Contractor not having received in due time necessary instructions, drawings, details or levels from the Client
or its employees, servants or agents;
(iv) delays on the part of nominated or domestic sub-contractors and suppliers outside of the control of the
Contractor;
(v) failure to secure adequate ingress and egress from the Site or any part of the Site;
(vi) the inability for reasons beyond the control of the Contractor to secure goods or materials essential to the Works;
(vii) the carrying out by a local or government authority, lessor, or other third party of works in pursuance of its
obligations or failure to carry out such work;
(viii) strike, lockout or industrial dispute affecting the Works or any of the trades in the preparation, manufacture or
transportation of any of the goods or materials required for the Works; and
(ix) failure by the Client to give possession of the Site by the possession date stated in the Schedule.
13. Variation. The Contractor agrees that the Works may be varied as reasonably required by the Client, provided that at all
times:
(i) the Client must provide written specifications of the variation to the Contractor;
(ii) the construction programme and contract price must be adjusted by agreement between the parties to allow for
Works to be carried out, taking into account the variations, failing which the variations will not be allowed;
(iii) all variations to be carried out by sub-contractors of the Contractor must first be submitted to the Contractor and
will incur a 25% project management fee payable to the Contractor. The Contractor may also charge an
additional labour rate at the rate set out in the Schedule for all work performed by the Contractor in supervising
or managing the variations;
(iv) changes to the contract price by reason of any variation may be included in progress claims;
(v) the Contractor will not be responsible for any additional items missed on plans and are not paying for extra costs
involved.
14. Omissions and Errors on Plans / Specifications. The Contractor is not engaged to consult on the correctness of plans
and specifications. Where any thing or matter has been incorrectly included, omitted or described in drawings or other
documents on which the quotation is based, the Client will be responsible for all reasonable costs associated with any
additional or rectifying works that must be undertaken to comply with legal requirements or to otherwise enable the
Contractor to carry out the remainder of the Works.
15. Practical Completion and Defects Liability. Practical completion will occur when the Works are complete for all
practical purposes, with any outstanding items of work being of only a minor or remedial nature (so that they do not
materially affect the functioning of the building). The defects liability begins from practical completion and will continue for
liability period or the Contractor will not be responsible for rectifying the defects.
16. Risk and Insurance.
(i) The existing structures (including the Works) together with all contents will be at the sole risk of the Client. The
Client must keep the Works adequately insured against loss and if requested by the Contractor produce
evidence that the insurance has been effected.
(ii) The Contractor must effect a policy which will cover liability to the public for an amount not less than
$10,000,000.00 per incident in respect of all occurrences arising from the performance of the Works to any
person (other than those engaged upon the Works) or property (other than the Works).
17. Determination and Suspension. Without prejudice to any other rights and remedies which the Contractor has, if:
(i) the Client does not pay any amount properly due under clause 8;
(ii) the Works are suspended by the Client for a period in excess of 1 month;
(iii) possession of the Site (including ingress or egress) is not granted for a continuous period of 6 weeks;
(iv) the Client becomes bankrupt, insolvent, makes arrangements with its creditors, enters into administration or
commits an act of insolvency or bankruptcy;
(v) information provided with regard to the Client’s source of finance is found to be inaccurate or untrue or the
Contractor otherwise has reasonable grounds to believe the Client may be unable to pay for the Works,
then the Contractor may suspend Works or terminate the contract. All costs, charges and losses incurred by the
Contractor as a result of the termination of the Contract or suspension of Works will be recoverable as a debt due from
the Client.
18. Licence. For the avoidance of doubt, the Client grants to the Contractor and to the Contractor’s employees, agents and
subcontractors a non-exclusive licence to access the Site for the duration of the Works.
19. Dispute. If any dispute concerning this contract arises, it must in the first instance be referred to the Master Builders
Association’s conciliation service. If the dispute is beyond the jurisdiction of the MBA an industry expert will be appointed
with the agreement of both parties. All costs associated with this service will be shared equally between the parties. No
dispute or difference will be sufficient grounds to withhold payment.