Conditions of Contract of FONDEX Engagement
i. FONDEX means; Fondex Constructions. ii. Client means; the Party who has contracted FONDEX to do the Works.
iii. Works means; the work to be carried out as defined in the FONDEX quotation and or any supporting documentation. iv. Contract means; the works agreement as defined in FONDEX quotation documentation.
v. Parties' means; FONDEX or the Client.
The following are the "Conditions of Contract" and will survive any other contract between the Parties. FONDEX conditions of contract are to be relied upon in the event of any dispute arising from the works.
The FONDEX tender has been constructed from information provided to it by the Client or its agent. Should the information prove to be incorrect FONDEX reserves the right to revise its tender accordingly? A FONDEX tender is submitted and is subject to the following conditions:
1. The formal quotation price, unless otherwise noted, is for works being completed in one site visit.
2. All prices are exclusive of the 10% Goods & Services Tax.
3. Quoted prices are based on week day work. Where after hours or week end work is required by the client Fondex will revise its quotation accordingly.
4. Fondex prides itself on superior customer service and commits, wherever possible, to an agreed schedule of works. Fondex acknowledges that client's circumstances may change requiring works to be rescheduled. Within reason Fondex will reschedule the works to the mutual satisfaction of both parties, providing the client has kept Fondex informed and reasonable notice has been given concerning any delay in works commencing. Fondex will not charge addition site visit fee's as long as, in Fondex's view: a. The clients has kept Fondex well informed and up to date and or, b. Where unforeseen circumstances or events have occurred, however these must not amount to latent conditions on the day Fondex is scheduled to commence the works as a rescheduling fee and or additional site mob/demob costs may be charged. This will be at the absolute discretion of Fondex's Operations Manager and a rate of $350.00 per hour and or additional mob/remob costs of $500.00 will apply.
5. Where additional site visits are requested by the client, or should cancellations of scheduled works be necessary, Fondex reserves the right to charge additional fees accordingly. Fondex will address these with the client as soon as such situations arise. Clients are encouraged to discuss any special requirements they may have with Fondex prior to any works scheduling. The services and product specified in our quotation is based on soil and engineering information obtained from the client or their agent. For the purpose of our engineering design and installation, where no soil information is provided by the client, or their agent, a soil classification of clean loose to dense dry Perth sand is assumed to exist for the Fondex works onsite. Where water table levels have not been specified a water table clearance >2m below the base of Fondex works is assumed to be relevant for design.
6. It is not the responsibility of Fondex or its engineers to conduct geotechnical testing to confirm works suitability for a particular site. At all times Fondex encourages clients to conduct and provide geotechnical investigations at the works site so that Fondex and its engineers have a better understanding of what is likely to be encountered underground. Should clients prefer Fondex's engineers can provide the necessary geotechnical site investigation to better understand the sites actual soil conditions?
7. As part of its works procedures Fondex may recommend to the client that it conduct preliminary water testing on site in an effort to determine soil permeation and grout take‐up suitability. The result of any water testing is to be interpreted as a "guide only" as to the likelihood of grout acceptance. Positive test results are not to be interpreted as conclusive as soil parameters can alter significantly over very short distances and depths, such as sites containing organic matter or fill etc. These may not be evident to the client or to Fondex and Fondex accepts no responsibility with respect to what is actually below ground as it is not the owner of the site.
8. Fondex reserves the right to claim additional costs due to 'latent conditions'. Where Fondex encounters latent conditions works will stop and any additional costs will be discussed with the client by way of variation prior to works proceeding further.
9. It is important to note not all latent conditions are detected during grout injection works. Where future excavation reveals latent conditions it may or may not reveal none‐uniform grout take‐up underground. Where unobserved latent conditions result in a lense of insufficient grout take‐up this in no way diminishes or reduces the dollar value of the grout works as the minimum specified volume of injected grout did occur and the final Fondex invoice will reflect the appropriate grout volumes. At no time does Fondex accept responsibility for latent conditions. The responsibility lies solely with the owner of the property.
10. Where latent conditions are evident during grouting operations, as a result of grout blowback or cessation of grout injection system flow, an alternative remedy and or + or‐ price revision will be discussed with the client to the mutual satisfaction of both Fondex and client.
11. The client is responsible for identifying and marking any above or below ground services and structures that are within 3m of the proposed works including but not limited to; power, water, gas, sewer, reticulation or telecommunications services, cellars, pools, service pits or other underground structure.
12. The client is responsible for all site hoarding, fencing, security, traffic management, survey work and necessary permits and approvals and any associated costs.
13. Where excavation is to take place after grouting works agreed, and or, documented excavation levels must not be exceeded without documented approval from our engineers. No additional excavations are to be undertaken without our expressed approval. Any excavation around Fondex grout works is to be conducted with a high degree of care and.caution. Only suitably qualified individuals are to conduct excavation works. Where excavation is a concern to the client the client is invited to advise Fondex of the excavation date. A Fondex representive will visit the site to comment on the suitability of the excavation in accordance with the grouting outcomes.
14. No excavation works is to be carried out within 5 days of the grout works being completed. Any trimming of the grout works must be done with extreme caution and must not compromise the integrity of the grouted soil.
15. Unless otherwise formally agreed a 40% deposit is required prior to any works commencing with the balance payable upon completion. Should a credit facility be required and not already held with Fondex sufficient time must be allowed for a trading account credit application to be processed (5 working days minimum for approval). No credit facility will be granted prior to the application approval by this office.
16. Unless otherwise formally agreed all bulk grout sales, hereafter described as "the goods" are to be paid for prior to dispatch or collection. Should goods be purchased on account the title of those goods will not pass to the purchaser until full payment for the goods is received by Fondex.
17. Invoicing of the goods by Fondex to the purchaser does not in any way transfer title of those goods until full payment is received by Fondex. Re‐sale of the goods by the purchaser to a third party does not extinguish Fondex right of title to the goods. Should the purchaser not pay for the invoiced goods pursuant to the terms of credit and the invoice supplied and should, after the purchaser receiving written demand from Fondex, or its authorized agent, for the immediate payment of the invoiced amount and the purchaser fail to pay the invoiced amount after a further seven days Fondex reserves its right to take possession of the invoiced goods and seek damages by way of Court proceedings to recoup any loss that may have been incurred by Fondex for the removal of
any structures or impediments interfering with access of those goods.
18. Any guarantees warranties or engineering certification attached to the sale of goods, or associated works conducted by Fondex and where no or part payment is made for good or works, Fondex will nullify any such guarantees, warranties or certification without written notice. Any drawings or engineered solutions will remain the intellectual property of Fondex its agents and shall be returned to Fondex without delay. Fondex will advise the relevant authorities certification for the works has been withdrawn.
19. The client is responsible for obtaining written permission from the appropriate Authority, Body or individual for the installation of grout works to any neighbouring property, right of way, whether Federally, State, Local Council or privately owned land where the works are likely to encroach such properties. Where requested Fondex or its engineers will assist its client in addressing any individual or Authority concerns regarding its works.
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20. Prices are estimates only and are valid for 14 days unless otherwise stated. Purchase orders received outside this timeframe may be subject to rise and fall in material costs.
21. Site specific conditions are specified in formal Fondex quotation documents and must be read in conjunction with the terms and conditions therein.
22. Fondex does not allow client to deduct any retention monies from its contract price and no retention monies are to be deducted from any Fondex invoice. Works Sub‐Contracts that demand retention charges will attract an additional 11% surcharge loading on the original quoted price.
23. Acceptance of a FONDEX quotation or tender is acceptance of these terms and conditions of contract herein.
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