(a) the quote will be valid for 30 days and subject only to an agreement between the parties to extend this time frame, the quote cannot be accepted after this time frame has expired.
(b) you shall be deemed to have accepted the quote and to have entered into a contract when:
(i) you advise Sydney Estimator Pty Ltd that you accept the quote, whether in writing or otherwise;
(ii) you instruct Sydney Estimator Pty Ltd to proceed to supply the services even if you have not expressly accepted the quote; or
(iii) you pay the fees.
2. Time Frame for Provision of services
Sydney Estimator Pty Ltd will use reasonable endeavours to provide the services within:
(a) 2 to 10 business days, from when you pay the fees, or
(b) if, in the opinion of Sydney Estimator Pty Ltd, the services are complex, 2 to 12 business days, from when you pay the fees, or
(c) unless otherwise agreed in writing, from when you pay the fees,.
3. Additional Services
(a) you may at any time request additional services to be supplied which exceed the scope of the quote (additional services).
(b) if you request additional services, Sydney Estimator Pty Ltd may issue you with a new quote for the additional services and you agree that these terms and conditions are incorporated into any such new quote without the need for Sydney Estimator Pty Ltd to provide them to you again.
4. Invoicing and Payment
(a) Sydney Estimator Pty Ltd may render invoices to you at any time for services supplied by Sydney Estimator Pty Ltd to you.
(b) you must pay in full the unpaid amounts in any invoice within the invoice issue date, unless otherwise agreed in writing. Time is of the essence and your project lead time is secured after payment.
(c) if an invoice is not paid within the 5 days Sydney Estimator Pty Ltd may have the right to cancel the contact
(d) the fees and all other amounts payable by you to Sydney Estimator Pty Ltd are exclusive of gst unless expressed otherwise in the quote or invoice.
(e) unless the parties agree otherwise, you must pay the fees to Sydney Estimator Pty Ltd in advance of Sydney Estimator Pty Ltd providing the services to you. To avoid doubt, Sydney Estimator Pty Ltd does not commence work until the fees have been received by Sydney Estimator Pty Ltd in cleared funds.
5. Acknowledgments and warranties
(a) you acknowledge and agree that:
(i) unless otherwise expressly agreed, the estimation will be based on similar / non-conforming products and materials and may, for example, be based on industry average prices for specified products and materials;
(ii) if you require Sydney Estimator Pty Ltd to review any estimation, provide responses in relation to questions regarding the estimation, obtain and provide any conforming quotations and/or provide any other additional services then additional costs may apply;
(iii) while Sydney Estimator Pty Ltd estimations are provided by experienced estimators, due to the nature of construction and, in particular, differing methods of construction, there is always an inherent risk of inaccuracy. lt is therefore your responsibility to ensure that all details in the estimation, including quantity and cost estimates, are acceptable to you before use, and that the estimation should not be the only source of information on which you rely;
(iv) the estimation must not be used for any purpose other than for the project to which the services relate to; and
(v) the estimation is confidential and remains the intellectual property of Sydney Estimator Pty Ltd.
(vi) Sydney Estimator Pty Ltd may install an A3 corflute sign on the temporary Fence, for the duration of construction works.
(b) you warrant that:
(i) you have obtained all necessary third party consents to the supply of the services by Sydney Estimator Pty Ltd to you, including consents to the use of intellectual property held by third parties; and
(ii) all information provided by you, including any quantities and costs are correct and accurate, and conform to all requirements under the national construction code published by the australian building codes board, as revised from time to time, and all other applicable legislation.
(a) Sydney Estimator Pty Ltd may at its absolute discretion terminate the contract at any time by giving you notice in writing (“termination notice”).
(b) upon receipt of the termination notice, you must immediately pay all amounts outstanding and payable by you to Sydney Estimator Pty Ltd pursuant to the contract.
(c) if Sydney Estimator Pty Ltd terminates the contract pursuant to clause 6(a) prior to the supply of any services, then it will refund any fees relating to those services to you.
(a) all estimations are produced by experienced estimators and are provided to you in good faith and are believed to be accurate, appropriate and reliable at the time they are given, however, Sydney Estimator Pty Ltd gives no warranty in relation to the services provided and you expressly agree that use of the services is at your own risk.
(b) to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly set out in this contract are excluded; and
(ii) Sydney Estimator Pty Ltd is not liable or responsible in any way to you or any other person for any loss suffered as a result of any error, omission, deficiency, discrepancy or issue with the services.
(c) where by law Sydney Estimator Pty Ltd is not able to exclude terms, guarantees, warranties, representations or conditions but is able to limit its liability, then to the extent permissible by law, Sydney Estimator Pty Ltd limits its liability for any breach, to supplying the services again or, at Sydney Estimator Pty Ltd’s option, refunding the fees to you.
(d) you acknowledge that the services are not for personal, domestic or household purposes. lf however, the australian consumer law (acl) does apply to the contract, then these terms and conditions only exclude the acl guarantees that can be excluded under the acl and where Sydney Estimator Pty Ltd’s liability can be limited under the acl, Sydney Estimator Pty Ltd’s liability is limited to the supply of the services again or the cost of re-supplying the services.
(a) you indemnify and keep indemnified Sydney Estimator Pty Ltd and its servants and agents in respect of any claim or demand made or action commenced by any person (including, but not limited to you) against Sydney Estimator Pty Ltd in connection with any loss arising from or incidental to the provision of services, any quote or contract.
(b) you indemnify Sydney Estimator Pty Ltd against all costs and expenses incurred by Sydney Estimator Pty Ltd as a result of your failure to perform your obligations under the contract, including enforcement costs and party to party legal costs.
(c) this clause 8 remains in force after the termination of the contract.
(a) in the course of dealing with you, Sydney Estimator Pty Ltd will collect personal information from you.
(c) you agree to Sydney Estimator Pty Ltd disclosing your personal information to other organisations in order to facilitate supply of the services to you.
10. Miscellaneous Provisions
(a) if any part of the contract is or becomes void or unenforceable, that part is or will be severed from the contract to the intent that all parts that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.
(b) these terms and conditions can only be varied by written agreement of the parties.
(c) any notice or invoice that Sydney Estimator Pty Ltd may give or issue to you pursuant to these terms and conditions will be deemed to be validly given or issued if posted, faxed or emailed to you at your contact details set out in the quote.
(d) Sydney Estimator Pty Ltd is not liable to you for any default or delay in the supply of the services to you due to circumstances beyond Sydney Estimator Pty Ltd’s control including, but not limited to, the unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of god, government decrees, proclamations or orders and failures or malfunctions of computers or other information technology systems.
(e) the contract shall be governed by the law of new south wales and the parties consent to the non-exclusive jurisdiction of the courts of new south wales.
ln these terms and conditions, unless the context requires otherwise:
(a) “contract” means the contract for the supply of services by Sydney Estimator Pty Ltd to you, constituted by these terms and conditions and the quote.
(b) “estimation” means the construction estimation report prepared by Sydney Estimator Pty Ltd as a part of the services;
(c) “fees” means the amounts payable by you to Sydney Estimator Pty Ltd for the services, including all fees, disbursements and gst as set out in the quote.
(d) “gst” has the same meaning in the a new tax system (goods and services tax) act 1999 (cth);
(e) “invoice” means an invoice rendered by Sydney Estimator Pty Ltd to you under clause 4;
(f) “loss” includes, but is not limited to, direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, costs (including party to party legal costs), expenses, lost profits or revenue, lost data, personal injury and property damage;
(g) “quote” means a written quotation issued by Sydney Estimator Pty Ltd to you for the supply of services to you;
(h) “services” means the estimation of quantities of materials and costs in the building and construction described in the quote, including any other product and service inclusions specified in the quote and excluding any product and service exclusions specified in the quote;
(i) “you” means the person requesting Sydney Estimator Pty Ltd to supply the services the subject of these terms and conditions;
(j) a reference to a person includes:
(i) a partnership, joint venture, unincorporated association, corporation and a government or statutory body or authority; and
(ii) the person’s executors, administrators, legal personal representatives, successors, assigns and persons substituted by novation;
(k) a reference to the parties is a reference to Sydney Estimator Pty Ltd and you; and
(l) if you are a trustee, the contract binds you both personally and in your capacity as a trustee.