Terms & conditions

Apex Services (Aust) Pty Ltd Terms and Conditions for Sale of Goods to Business or Consumer

These terms and conditions regulate the business relationship between us and you. If you offer or accept our offer for any goods, our contract is in the terms set out below.

1. Our Contract With You

1.1 We shall accept your order by letter/ fax, e-mail confirmation or signature on or before completion of a job. Our message will also confirm details of your job and tell you when we shall commence. That is when our contract is made.

1.2 It is possible that the price may increased due to unforeseen circumstances that would not be known until the job has commenced. In that instance we will advise you of any price variations as early as possible.

1.3 All descriptions of Goods are those of the original manufacturers and you may not rely on their accuracy. Accordingly, any such description shall not form part of this Agreement.

1.4 Any variations to the original order will be charged at the hourly rate of $85 (plus GST) per hour per person, which will be added to the original quoted amount.

1.5 If we owe you money (for this or any other reason), we will credit your credit card or send you a cheque as soon as reasonably practicable but in any event no later than [30 days] from the date of your order.

1.6 Account customers are strictly 14 days from the date on invoice.

1.7 Acceptance of this quotation indicates agreement to our payment terms

1.8 All installations are subject to variation if rock, concrete, tree roots or underground services are encountered during the excavation stage of any job involving digging.

1.9 The responsibility of any services found (e.g. power, telephone, water & gas) is on the owner of the site and Apex Services (Aust) Pty Ltd does not accept any liability or cost of repair if damaged.

2. Prices, Charges and Payment

2.1 You agree to pay in full the amount specified on any invoice rendered by us for goods and services supplied to you within 14 days of the date of the invoice (unless we agree otherwise in writing).

2.1 American Express and Diners Club payments received after 1 September 2006 are subject to a 2.75% surcharge. We reserve the right to modify this surcharge rate from time to time or to extend the surcharge to other methods of payment. If we do make any changes, we will notify you in writing before the changes take effect.

3. Risk and Title

3.1 The risk in any goods and services that you order from us will pass to you on delivery irrespective of when payment is completed.

If you fail to pay for goods by the due date for payment, we will be entitled to retake possession of the goods, resell them and retain the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you.

3.4 This is a claim under the building and industry security payment act of 1999.

4. Costs

4.1 If you default in performing your obligations under these Conditions and we incur expenses in enforcing our rights under these Conditions (for example and without limitation, expenses incurred by us in recovering any moneys owed by you to us), you must pay those expenses to us on demand (including all legal costs on a full indemnity basis).

4.2 If you fail to pay by the due date you may be listed as a bad debtor and this may affect your credit rating for the next five years.

5. GST

5.1 In these Conditions the terms “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services) Tax 1999 (Cth) and the term “GST” also includes any penalties or additional tax imposed in relation to the GST payable in relation to the supply of services under these Conditions.

5.2 Any amount payable by you under clause 2 is inclusive of GST.

5.3 Should the GST rate change the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the goods or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.

5.4 In relation to any GST paid by a party under these Conditions, including any adjustment, the payee will provide the payor with a tax invoice.

6. Termination for Breach

6.1 Without prejudice to our other rights at law, we may cease supply of goods or services to you immediately by giving notice in writing if you breach any material term of these Conditions.

7. Governing Law

7.1 These Conditions will be governed by and construed according to the law of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State.