The customer must accept or reject a quotation within 30 days of its receipt. TC Infrastructure may, at its option, extend this period by notification in writing to the customer.
The customer may accept a quotation by sending a purchase order to TC Infrastructure, signing a contract or by responding in writing by email.
TC Infrastructure may, at is discretion, and without incurring any liability to the customer, revise orwithdraw the quotation at any time before communication by the customer to TC Infrastructure of its acceptance of the quotation in writing.
Information in a quotation which describes TC Infrastructure’s approach, specific techniques orapplications of technology remains proprietary and confidential and cannot be used without the permission of TC Infrastructure.
The parties will be deemed to have formed a contract upon the communication by the customer to TC Infrastructure of its acceptance of the quotation in writing.
In the event the customer provides TC Infrastructure with a written order, such order is subject tothese Terms and Conditions of quotation and any other terms and conditions agreed by the parties in writing to become part of the contract.
TC Infrastructure must carry out and complete the works in the best trade practice andprofessional manner and in compliance with the terms and provisions of the contract documents.
TC Infrastructure may employ its servants or any third party for completing the works provided such person(s) are careful, skilled and experienced in their respective trades or occupations. TC Infrastructure will be solely responsible for all payments to any servant or third party for that part of the works performed by it.
TC Infrastructure warrants that all materials to be supplied for use in the works will be suitable for the purpose for which they are used, having regard to the generally accepted practices or standards applied in the industry for the materials or the specifications, instructions or recommendations of manufacturers or suppliers of the materials.
The works will be carried out:
At all times during the currency of the contract it will hold all licenses required to carry out and complete the works.
Any customer requests for variations to the project – including additional tasks that might be required on site during the project – must be made in writing to TC Infrastructure’s head office (email to email@example.com).
Written agreement (at a minimum via email) must be received from TC Infrastructure beforework can proceed.
TC Infrastructure shall submit to the customer a Tax Invoice for progress payments oncompletion of each stage of the works as set out in the accepted quotation.
The customer must pay TC Infrastructure progress payments within 30 days of submission of the progress claim.
Should the customer neglect or refuse to pay the amount of any progress payment by the due date, then TC Infrastructure may, at its option, with or without notice to the customer, suspend performance of the works until the payment has been received in full.
If, after 30 days from the customer’s acceptance of the quotation, TC Infrastructure’s costs in connection with the contract are increased as a result of the introduction of new, or changes to existing, government taxes or charges or Prime Cost Items or Provisional Sums then the price shall be increased to reflect these changes and the customer shall pay the increased price to TC Infrastructure.
Risk of loss, damage or destruction to the materials and equipment or any part thereof shall pass to the customer on installation.
In connection with the materials and equipment, while they remain the property of TC Infrastructure, the customer agrees with TC Infrastructure that:
In connection with the materials, TC Infrastructure states to the customer that:
TC Infrastructure and the customer agree that:
TC Infrastructure’s quotation is based on a continuous work program, unless otherwise stated. If the customer causes the works to be delayed or delays are caused by any of the events in clause 9, then the performance of TC Infrastructure’s obligations under these Terms and Conditions or any contract between the parties shall be suspended for the period of such delay and the completion date shall be extended accordingly.
The customer shall pay to TC Infrastructure such extra costs directly incurred by TC Infrastructure plus agreed margin by reason of the delay caused by the customer.
The customer shall pay to TC Infrastructure additional onsite and offsite overhead costs incurred by TC Infrastructure by reason of the delay caused by the customer which caused project duration to exceed original contract completion date.
TC Infrastructure shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions or any contract between the parties if such failure or delay results directly or indirectly from any cause, matter or thing beyond the reasonable control of TC Infrastructure, including but not limited to:
TC Infrastructure shall complete the works to practical completion in accordance with these Terms and Conditions and the contract on or before the completion date (as amended or varied by these Terms and Conditions).
Any dispute between the customer and TC Infrastructure arising under, or in connection, with these
Terms and Conditions or any contract between the parties, shall:
TC Infrastructure shall maintain Public Liability Insurance to a value of not less than $20,000,000 and WorkCover Insurance in accordance with the requirements of the applicable legislation for all employees.
Any notice under these Terms and Conditions shall be given in writing and delivered to the other party by hand, email, fax, or post.
In these Terms and Conditions and in any instrument created pursuant to or in accordance with it, unless the context otherwise requires:
Base Work means the site conditions including work carried out by others in, on, or over which TC Infrastructure is to carry out the works;
Business Day means any day except Saturday or Sunday or a day that is a public or bank holiday in New South Wales;
Contract Documents include all drawings, plans, specifications and all other information provided by the customer to TC Infrastructure at the time of tender which form part of the agreement.
Contractor means TC Infrastructure
Contract means the contract to carry out the works between the customer and TC Infrastructure bythe acceptance of the quotation by the customer and includes these Terms and Conditions
Customer means the customer stated in the quotation;
Completion Date means the date for completion of the works under the contract;
Practical Completion means the stage when the works have been completed in accordance with the contract and all relevant statutory requirements either without any omissions or defects or apart from minor omissions or minor defects;
Price means the price to be paid by the customer to TC Infrastructure for the performance of the works;
Prime Cost Item an item, including, for example, a fixture or fitting –
Provisional Sum is the amount that is TC Infrastructure’s estimate of the cost of performing the works, in relation to works for which TC Infrastructure, after making all reasonable enquiries, cannot state a definite amount when the contract is entered into;
Servants means and includes servants, employees, agents, contractors and sub-contractors;
Site means where the works under the contract are carried out;
Terms and Conditions means these terms and conditions;
Works means the work to be carried out under the contract including variations;
Quotation means the written quotation given by TC Infrastructure to the customer which must set out the scope of the works, the commencement and completion dates of the works, the price of the works and the insurance cover held by TC Infrastructure in relation to the performance of the works;
Variation means to vary the works by:
In these Terms and Conditions and any instrument created pursuant to or in accordance with these Terms and Conditions, unless the context otherwise requires: