Terms & Conditions
All calculations are quoted/estimated as a per trade requirements for the works to be completed as per each trade ,quotation/estimation in entirety.
Should you require any trade to complete either type of works individually or in stages the price supplied in our quotation/estimation would vary with regard to trade costs, site establishment, travel costs etc.
The lump sum quoted/estimated is to complete the described works only and does not include any additional unanticipated works such as noted in the “Specific Inclusions and Exclusions ” clause per trade, or in addition to works noted in the “Specific Inclusions and Exclusions ” clauses per trade, of our quotations/estimations. Any such additional works will be subject to additional costs as whole or per trade.
We will discuss any such additional costs with you before carrying out those additional works except in circumstances of urgency or where it is otherwise impractical to do so in which case by acceptance of our quotation, you agree to pay in full our reasonable costs incurred in carrying out the additional unanticipated works.
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Rights to Salvage/Recycling Proceeds
Our company considers ownership to the rights to salvage/recycling proceeds for materials and/or
products other than verified by the principal at the time of the site inspection. We have made an
allowance for these rights in our quotation/estimation and as such reserve the right to vary our price should these materials and/or products be removed by the principal or others prior to commencement of works.
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Terms of Payment
Terms of payment will be net seven days from date of invoice. After the seven day period a surcharge of 2.5% is calculated daily on the incremented compounded total balance. This is a payment claim made under the Building & Construction Industry Security of Payment Act 1999 N.S.W.
It is agreed the above terms of payment are the “due date for payment” in accordance with Part 2 of the Act.
If our costs (including any progress payments) are not fully paid in accordance with this agreement,
we may charge you interest in accordance with the Act.
We also reserve our right to suspend the construction work and to exercise a lien over unfixed plant
and/or materials in accordance with the Act.
In the event you fail to comply with the above terms and we are required to take any action
whatsoever in recovering from you any outstanding progress payment to which we are entitled
pursuant to this Construction Contract, we reserve the right to recover the full costs (including legal
costs, commissions, our internal accounting costs and any costs incidental thereto) of any debt
recovery action including, but not limited to, the issue of a letter of demand or a creditors statutory
demand for payment of a debt. Such costs will be in addition to the amount of any progress payment
to which we are entitled and will form part of the principle debt.
Hours of Work
Our quotations/estimations are based upon work between the hours of 7:00am to 4:00pm Monday to Friday and any request to vary these hours will result in added costs which will be invoiced to your account.
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Quotation/Estimation Validity
Unless previously withdrawn our quotation/estimations shall remain open for acceptance for a period of 30 days from the date written.
Continuity of Work
Our quotations/estimations allow all works, as stated, to be carried out in one continuous operation. We reserve the right to vary our tender price if our company is stood down, not allowed to proceed with works or if a portion of the scope of works are deleted.
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Site Requirements
Our quotations/estimations are issued subject to the following:
1) Total uninterrupted access to the works.
2) Access during construction to be restricted to employees of Phoenix Developments and inspecting authorities only.
3) Area to be free of rubble and all movable objects prior to handover to Phoenix Developments.
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Requirements of Quotation/Estimation Acceptance
Notification of quotation/estimation acceptance is to be accepted in the following formats:
1) In written form.
2) Via email.
3) Via text message.
4) Verbally (only if recorded).
5) Our acceptance form.
6) 15% Deposit.
(NOTE) Seven working days’ notice is required prior to commencement of works.
Acceptance Forms will be attached to your quotations/estimations which can be return by fax or post.
Email: estimatingteam@secretary.net
Text Message: 043 22 676 29
Fax: 02 635 14455
Post: Po Box 534, Lithgow, NSW 2790.
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Subject to Quote Acceptance
1) All materials belong the property of Phoenix Developments until such time as payments are received.
2) Phoenix Developments does not hold any liabilities, responsibility s, damages or other, for goods/materials delivered to site.
3) Any drawings, plans supplied by Phoenix Developments remains the property of Phoenix Developments and are there only as an aid to the contractor. Any alterations or deviations from drawings must have written approval from Phoenix Developments.
4) Any council fees/charges are the responsibility of the owner.
5) Any other licenses or licensing out of our license is the responsibility of the owner.
6) Quotations/Estimations are valid for 30 days.
7) Phoenix Developments reserves the right to alter quotations at any given time, due to increase material prices or labour charges, during any time frame period, within the 30 day period or such, time deposit has been processed.
8) 15% Deposit required prior to any commencement of work.
9) Deposit signifies acceptance of contract.
10) Cancellation of any contracts or any other alterations from the above may conclude in increases or losses of deposit and any other monies paid to Phoenix Developments. As Supplied in detail in the term of conditions in the contract.