TEGRA

Conditions Of Sale

1.   GENERAL

1.1   The “Company” means Tegra Australia Pty Ltd, “buyer” means any person or entity that acquires products from the Company.

1.2   It is expressly acknowledged and agreed that these Terms and Conditions of Sale operate to the exclusion of all and any terms and conditions issued by the buyer whether before or after the date these Terms & Conditions of Sale come into effect.

1.3   The Company may at any time change its Terms & Conditions of Sale by publishing new conditions which will be deemed to come into effect 45 days after those new conditions are published.

1.4   Where a buyer has a credit account with the Company, the Company’s credit conditions will also apply to the buyer. In the case of orders for non standard products additional conditions will also apply as notified to the buyer at the time of placing the order.

1.5   If the buyer fails to make payment in respect of a statement issued by the Company in full to the Company when due, for whatever reason, the Company will be entitled (without prejudice to any other right or remedy it may have) to:

(a)   cancel or suspend any existing orders of, or delivery under any order to, the buyer or refuse to accept any new orders, and
(b)   charge the buyer interest on the overdue amount at the rate determined by the Commonwealth Bank of Australia.

2.   GST

The buyer must pay the Company a total price which includes the goods and service tax paid or payable by the Company in respect of products supplied by the Company to the buyer. The amount payable by the buyer will be stated in an invoice to the buyer.

3.   PRICES


3.1   Prices quoted, unless stated in writing, shall remain firm during the period of the current calendar month that the quotation was offered. After the aforesaid period, and at the Company’s sole discretion, it may vary any price quoted.

3.2   Unless alternative prior arrangements have been agreed with the buyer, payment in full is due prior to delivery.

3.3   Price is strictly net and no settlement discount will be allowed.


4.   DELIVERY


4.1   The delivery of products shall be made by the shortest access route available at the time of quotation. In the advent of access roads being closed or in the opinion of the Company, the access route is in disrepair and/or not suitable for the carriage of delivery vehicles and thus prohibiting delivery by the shortest access route, the Company reserves the right to charge for any additional cost or expense incurred by it in completing such delivery(s).

4.2   Unless specifically agreed in writing delivery shall be at the kerb alignment and the Company shall not be bound to deliver on-site. Any entry thereon shall be at the sole discretion of the Company. In the advent of such entry to site the Company shall at all times be indemnified and kept indemnified in respect thereof.

4.3   The Company shall not be liable in any way or manner whatsoever for any damage however arising to any wall, kerbing, guttering, road, footpath, concrete work, building structure, paving, pipes, cables, fitting or other property situated in or adjacent to the place of delivery, by or on behalf of the Company or situate on or adjacent to the site of any works being carried out by the Company under contract constituted pursuant to the sale.

4.4   The Company may in its absolute discretion refuse to delivery if it is unsafe, unsuitable or access is restricted.

5.   PRODUCTS


5.1   Unless otherwise agreed in writing, the buyer will be deemed to have accepted products as complying with any or all specifications, stated or implied in any way, on discharge of the products at site or on collection of products from the Company’s yard(s) and thereafter will not be entitled to reject any product, or make any claim, demand or take any action relating in any way to the product’s suitability.

5.2   Any claim relating to any alleged deficiency in the quality / quantity of goods delivered by the Company or collected from the Company’s yard(s) must be endorsed at the time of delivery or collection on the Company’s copy of the sales docket and unless so endorsed, the Company will not be liable in respect of any alleged deficiency. Any claim relating to the quality / quantity of goods delivered or collected must be in writing and lodged with the Company within twenty four hours of any such delivery or collection and if not so lodged, the Company will not be liable in respect thereof.

6.   CONCRETE


6.1   At the time of ordering the buyer shall specify those properties such as quantity, strength grade, aggregate size, additional additives and any other properties required.

6.2   Subject to Clause 4.1 of these Conditions of Sale, the Company shall generally comply with Australian Standard 1379, Specification and Supply of Concrete.

6.3   If the buyer requires special concrete, or a slump in excess of or less than 100mm, or aggregate with a maximum size other than 20mm, or additional additives, special charges may apply.

6.4   An unloading time of 7 minutes per cubic metre for delivery is allowed for unloading at the delivery address.  If a delivery exceeds the allowable unloading time a waiting time charge may be incurred.

6.5   The Company does not undertake to add heating or cooling agents to control concrete temperature and hence does not undertake that concrete will meet the temperature limitations of AS1379.

6.6   The Company is unable to accept responsibility in respect of strength or any defect which may develop in any concrete supplied if water is added to concrete either before or after discharge without the Company’s technical representative’s consultation.

6.7   Testing of concrete and/or aggregates will not necessarily be carried out unless prior arrangements have been agreed to by the buyer. If testing is required such testing will be conducted in accordance to the applicable Australian Standard and the buyer will pay the Company’s rates.  If the results of any testing are to be used in any claim against the Company, such testing shall comply with the applicable Australian Standard.

6.8   The Company shall not be taken to have approved any concrete specification supplied to it by the buyer as being suitable for any particular purpose. The Company shall not be liable for any loss or delay, or any costs associated therewith, that result from any defects in or unsuitability of such specification.

6.9   The Company shall not be liable for any additives, colour, shrinkage or any cracks to the end product as a result of oxide and / or additives being added to the mix.  Following discharge of the product on site the buyer will not be entitled to reject product, or make any claim, demand or take any action relating in any way to the products suitability.


7.   WARRANTY


7.1   The Company warrants that all products delivered are in accordance with the description on the Company’s delivery docket.

7.2   All other conditions or warranties which would be implied into these Terms and Conditions of Sale by law or statute are excluded unless such exclusion is forbidden or made void by statute.

7.3   These conditions are governed by the laws of New South Wales.  The parties submit to the non exclusive jurisdiction of the courts there.