TERMS & CONDITIONS OF SALE
1. GENERAL
1.1 “Tegra” means Tegra Australia Pty Ltd.
1.2 “Buyer” means you or any person, business or entity that acquires products from Tegra.
1.3 Any instructions received from the buyer for the supply of products supplied by Tegra shall constitute acceptance of these Terms and Conditions of Sale.
1.4 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.
1.5 The buyer undertakes to notify Tegra not less than 14 days of any proposed changes to the details contained in the Commercial Credit Application.
1.6 Tegra may at any time change its Terms and Conditions of Sale by publishing new conditions which will be deemed to come into effect 45 days after those new conditions are published.
1.7 Where a buyer has a credit account with Tegra, Tegra’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 ofplacing the order.
1.8 The products are as described on the invoices, quotation or other work commencement documents as supplied by Tegra.
1.9 If the buyer fails to make payment in respect of a statement issued by Tegra in full to Tegra when due, for
whatever reason, Tegra 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 an administration fee on the overdue amount.
1.9 Where the buyer makes payment by credit card or by direct credit, any and all merchant fees in facilitating the payment will also be payable by the buyer.
2. GST
The buyer must pay Tegra a total price which includes the goods and service tax paid or payable by Tegra in respect of products supplied by Tegra to the buyer. The amount payable by the buyer will be stated on 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 without notice.
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 Tegra, 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, Tegra 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 Tegra shall not be bound to deliver on-site. Any entry thereon shall be at the sole discretion of Tegra’s delivery driver. In the advent of such entry to site Tegra shall at all times be indemnified and kept indemnified in respect thereof.
4.3 Tegra 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 Tegra or situate on or adjacent to the site of any works being carried out by Tegra under contract constituted pursuant to the sale.
4.4 Tegra may in its absolute discretion refuse delivery if it is unsafe, unsuitable or access is restricted.
5. RISK
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 Tegra’s yard(s) or quarries 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 products delivered by Tegra or collected from the Tegra’s yard(s) or quarries must be endorsed at the time of delivery or collection on Tegra’s copy of the sales docket and unless so endorsed, Tegra 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 Tegra within twenty four hours of any such delivery or collection and if not so lodged, Tegra will not be liable in respect thereof.
6. YOUR DISCLAIMER
The buyer hereby disclaims any right to rescind or cancel the Application for Commercial Credit or to sue for damages or to claim restitution arising out of any misrepresentation made to the buyer, by any agent or servant of Tegra and the buyer acknowledges that the products purchased have been so done relying on the buyer’s own skill and judgement.
7. PRE MIXED CONCRETE PRODUCTS
7.1 At the time of ordering the buyer shall specify those properties such as application, quantity, strength grade, aggregate size, additional additives and any other properties required.
7.2 Subject to Clause 4.1 of these Conditions of Sale, Tegra shall generally comply with Australian Standard 1379, Specification and Supply of Concrete.
7.3 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.
7.4 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.
7.5 Tegra 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.
7.6 Tegra is unable to accept responsibility in respect of strength or any defect which may develop in any concrete supplied if water is added to the concrete either before or after discharge without Tegra’s technical representative’s consultation.
7.7 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 Tegra’s rates. If the results of any testing are to be used in any claim against Tegra, such testing shall comply with the applicable Australian Standard.
7.8 Tegra shall not be taken to have approved any concrete specification supplied to it by the buyer as being suitable for any particular purpose. Tegra 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.
7.9 Tegra shall not be liable for any variation in aggregate consistency and colour, additives, colour defects, 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.
8. DECORATIVE AND POLISHED CONCRETE PRODUCTS
8.1 Decorative Premixed Concrete is a blend of Natural Quarry Products containing aggregates and other materials, making each floor individual. Variations in appearance and consistency may occur from batch to batch and will not necessarily mirror samples provided.
8.2. Shadowing, discolouration, depth of colour, trowel marks, moisture movement, and colour change are all due to and are a characteristic of concrete which undergoes chemical changes and as it cures and gains strength.
8.3. All concrete shrinks slightly as it hardens and this can result in cracking. These cracks can be controlled by the use of expansion joints and the correct curing techniques. Extra care should be taken when placing concrete on days of high temperature & wind and low relative humidity.
8.4. Tegra as a Premixed Concrete supplier takes NO responsibility for the workmanship of the contract placers, finishers or polishers. The concrete will be supplied to the agreed mix design. Whilst all due care and attention will be taken in supplying a quality product we have no control over the use of our product by the placing contractor and therefore no liability or responsibility will be accepted by Tegra with regard to the quality of the placed and finished concrete including, but not limited to, problems with cracking, delamination, dusting, honeycombing, colour, grinding, polishing or the attaining of levels.
8.5. Tegra advise that written quotations should be obtained from placing contractors and previous work should be viewed.
9. QUARRY PRODUCTS
9.1 At the time of ordering the product the buyer shall specify those products and any properties such as application, quantity and any other properties required.
9.2 Testing of materials is not automatically carried out and if requested by the buyer will be done so according to the relevant Australian Standard. Testing will be carried out at the buyer’s expense at Tegra’s rates and results available to the buyer upon receipt of payment for such testing.
10. WARRANTY
10.1 Tegra warrants that all products delivered are in accordance with the description on Tegra’s delivery docket.
10.2 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.
10.3 These conditions are governed by the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts there.
11. CONSEQUENCES OF DEFAULT
11.1 Should any money payable to Tegra become overdue and the buyer is unable to meet the payments or:
(a) Becomes insolvent or
(b) A receiver, manager or liquidator is appointed in respect of the buyer,
Tegra will be entitled to cancel the buyer’s order, and all monetary amounts owing to Tegra immediately become due and payable along with any administration charges as under clause 1.9(b).
11.2 Tegra will be entitled to pursue whatever measures it deems necessary to recover all monies payable.
11.3 Tegra will be entitled to pass to the buyer all costs incurred in the recovery of all monies payable to Tegra.
12. CANCELLATION
12.1 Tegra reserves the right to cancel these Terms and Conditions of Sale at any time before the products are delivered by giving written notice. Tegra will not be liable for any loss or damage arising from such cancellation.
12.2 At Tegra’s sole discretion the buyer may cancel the delivery of products. The buyer will be liable for any costs incurred up to the time of cancellation.
13. PRIVACY ACT 1988
13.1 The buyer agrees for Tegra to obtain credit references from suppliers and credit reporting agencies about the buyer in relation to credit to be provided by Tegra.
13.2 Tegra will abide by the Privacy Act 1988 in relation to obtaining, disclosing, storing, destroying and keeping sensitive personal information private.
13.3 A copy of Tegra’s Privacy Policy is available on the Tegra website
