02 4735 4800 | 02 9831 1218

02 4735 4800 | 02 9831 1218

02 4735 4800

Trading Terms

 TRADING TERMS

  1. A deposit of 30% (commercial) or 10% (domestic) is payable upon written acceptance of this contract.
  2. A progress payment schedule is payable at significant stages and breakdown is generally outlined in our quotation.
  3. We will issue tax invoices for payment claims at significant work stages. Payment of each claim is required prior to commencing the next stage of work and the balance is due upon completion.
  4. The nature of shade structure work requires a significant level of cost outlay and fabrication prior to the commencement of on-site works. Instalment payment requests may be made for off-site work.
  5. The quoted price is in Australian dollars and is valid for three calendar months.
  6. The GST collected and payable to the Australian Government is to be identified.
  7. Payments are due within 7 days of invoice. We have the right to enter premises to remove any raw materials, goods or installed structures supplied by Hytech Plastics Pty Ltd if payment is not received within the agreed period.
  8. Tax Invoices are payment claims under the Building & Construction Industry Security of Payment Act 1999 NSW &
  9. All goods remain the property of Hytech Plastics Pty Ltd until paid for in full. This information is stated on each and every invoice.
  10. Collection costs will be incurred and calculated at a rate of 20% per annum or part thereof for outstanding amounts due when trading terms are exceeded. Further legal and court costs may apply.
  11. This contract has a cooling off period of five business days.
  12. Variations to original contract price shall be requested in writing by Hytech Plastics Pty Ltd and approved in writing by the client. The project may be delayed until variations are resolved. The price of extra work will be added onto the Contract Price. Labour on variations is charged at $90.00/man/hr+ GST on ordinary hours Monday to Friday. Travel time is to be included in variations.
  13. Retentions are not used. A Defect Liability Period if required will commence after Practical Completion of shade structure works and will not interfere with payment of the account. Any defects accepted in writing will be managed expediently and in a reasonable manner.

ACCESS AND FACILITIES

  1. We assume delivery using a small truck to within 10m of true position. Structure will not be carried upstairs, lift shafts or through finished buildings unless specifically agreed to at time of quotation. Labour charge $90.00 + GST /hr/person as applicable.
  2. Protection of surfaces, working over established plant or loss of access to easily install our product that was not identified on tender documents or highlighted at the time of quotation, that causes construction delays or additional costs will be charged as a variation.
  3. We will take reasonable care to prevent damage to existing paths, driveways, soft fall etc. but will not accept any responsibility for damage to these items in the course of erecting your structure.
  4. Specialist services e.g. paver, plumber, electrician or concrete, if required are outside the scope of our skills and will need to be contracted and paid for by the client unless specified within our quotation.
  5. Protective mats which can be hired to minimise risk of damage to soft fall, fragile areas and grass, if requested, will incur an additional charge.
  6. It is an assumption of being on your premises to do the work described above, that any vehicles or machinery used on the site are there with your approval. Suitable and unrestricted access is to be made available. Machinery may include but not limited to concrete trucks, elevated work platforms or cranes.
  7. Single-phase power, water, toilet facilities, barricades and suitable rubbish receptacles are to be provided by the client during installation.
  8. We have assumed unrestricted access to the site from 7:00am to 6:00pm Monday to Friday. Work performed or equipment used outside these hours may incur an out of hours surcharge.
  9. Access restrictions must be identified at quotation stage. Access restrictions not previously advised may result in a variation.
  10. The safety of the public during construction may result in site and access restrictions by barricading. The hire of suitable barricades including temporary fencing must be agreed prior to the commencement of construction.

FOUNDATIONS

  1. We assume foundations comprise firm dirt or clay base material capable of being excavated with regular excavation equipment. Regular equipment includes small excavator, Dingo digger and bobcat.
  2. The price quoted is for a natural, undisturbed, level site. Any filling, compacting, leveling, hand digging etc. will be charged an extra $90.00 + GST per man hour.
  3. Rock drills, concrete cutting, drilling rig or other specialised excavation plant not identified and not quoted in this quotation or elsewhere, will incur an additional charge.
  4. We assume concrete can be accessed from a cement truck located near site works. If used, concrete pumps will incur an additional charge unless quoted.
  5. Soil from excavations will be left on site unless otherwise agreed. Mini Skip bins or tipper trucks are not supplied if not quoted. The customer is to arrange for removal of soil and all other spoils from the site.
  6. When working on concrete slabs Abacus Shade Structures will grout around base plates and bolts to minimise water penetration under steelwork. If the additional application of waterproofing membrane is required this is to be performed by other trades.

UNDERGROUND SERVICES

  1. The client is responsible for identifying all underground services prior to foundations being dug.
  2. The location of any footings, foundations or holes to be dug will be discussed with the client.
  3. Hytech Plastics Pty Ltd will undertake a Dial Before You Dig as a major asset search.
  4. The client protects Hytech Plastics Pty Ltd from any liability or any damage caused as a result of damaging underground services.
  5. The client will satisfy Hytech Plastics Pty Ltd that neither Abacus staff nor its sub–contractors are at risk of injury from services.
  6. Hytech Plastics Pty Ltd with approval from the client, may undertake further underground searches if the client is unable to supply current authorised documents identifying the location of underground services. The basic search used by Hytech Plastics identifies services emitting an electrical charge. There is a charge for this search.
  7. While searches increase the likelihood of finding services, there is no guarantee of finding all services. More extensive searches e.g. vacuum trenching or sewerage surveys increase the probability of finding services. These are more time consuming and costly. It is up to the client to request and pay for additional searches.
  8. A Sewer Services Diagram will be obtained if sewer pipes may run near the work site. A charge of $40.00 applies for this search.
  9. Slab searches are available as quoted.
  10. Any repairs or consequential damage caused by services damaged during excavation will be charged to the client, including machine hire costs, labour down time, accommodation and waiting time as applicable.
  11. Any relocation of footings and foundations for any reason will be charged to the client, including machine costs, labour time, accommodation costs and waiting time as applicable.

EXCLUSIONS

  1. There has been no allowance for gutters, down-pipes, drainage or detailed services unless specified in the quotation.
  2. We have assumed that any existing foundation or structural attachment point will take the applied load tension. The client is responsible for confirming this from their engineer and providing written supporting evidence.
  3. If replacing an existing sail, it is assumed that the sail fabric, fittings and frame will take the applied load tension on installation. Hytech Plastics Pty Ltd is not responsible for change in composition or strength of these items which may occur over time and after disassembly.
  4. The job is as quoted. Any modifications, additional work that was not quoted may be charged back to the client. This will be documented and invoiced as a variation.
  5. Steelwork is galvanized for long life rust protection. This process does not guarantee a perfectly smooth surface finish. If a smooth finish is required optional processes of shot blasting, etching, priming & painting need to be considered and added.
  6. Without prior galvanizing, steel work may rust when scratched or if exposed to the weather over time.
  7. If the client subsequently chooses to paint any galvanized steel supplied by Hytech Plastics Pty Ltd, the client is responsible for ensuring that the galvanized surface was adequately prepared with degassing in a heat oven for painting and appropriately sanded before applying paint treatment.

FORCE MAJEURE

  1. We are not in breach of this contract if the breach is caused by an event or events which Hytech Plastics Pty Ltd believes to be outside its control. Without limitations this includes fires, floods, storms, natural disasters, pandemic, Acts of God, scarcity, unavailability or delays from transport or materials and whether they occur inside or outside Australia.
  2. The client will be advised immediately of any anticipated delays or failure to perform its obligations in this regard.

APPROVALS

  1. The Client shall be responsible for making enquiries into and shall be liable for the cost of obtaining from the relevant local authority or governing body, any building permit, licence or other compliance required pursuant to the laws of New South Wales in respect of the works the subject of this contract.
  2. Hytech Plastics Pty Ltd encourages clients to discuss project compliance requirements with their Local Council.
  3. Hytech Plastics Pty Ltd will offer documentation to assist with the Council approval process as directed and quoted.
  4. If Council Approval is sought, Hytech Plastics Pty Ltd will only commence construction once a Construction Certificate has been issued by the Local Council Authority. A copy of the Construction Certificate is to be made available to Hytech Plastics Pty Ltd.
  5. Council applications require signed Engineering drawings prior to commencement of works and an Engineer’s Certificate of Compliance at the end of works. These cannot be supplied retrospectively after the job has been completed.
  6. Structural Engineering approval is highly recommended and offered in each quotation in the quoted price or as an option.
  7. Hytech Plastics Pty Ltd will not be held liable if the client chooses not to use engineering services.

CONSTRUCTION 

  1. The client is supplied with preliminary design drawings for approval prior to construction of their project. Any clarification or change to design should be sought at this stage. Hytech Plastics Pty Ltd will not be held accountable if the client has misinterpreted the drawings to the As-built construction. Engineering is recommended on all projects.
  2. Work is to be completed close to a proposed construction period or lead time.
  3. Hytech Plastics Pty Ltd will be entitled to a reasonable extension of time in the event of delays to the work where the cause of the delay is beyond the contractor’s control. This included but is not limited to inclement weather, industrial disputes, variations to design, variation on site works by client or delays caused by others.
  4. Hytech Plastics Pty Ltd will be entitled to a reasonable extension of time in the event of internal delays.
  5. A proportion of work will be done off site prior to commencing construction works on site.
  6. Shade structure building work has cost outlays prior to on-site works commencing e.g. steel purchase, engineering. Instalments will be requested at various milestones as advised in the payment schedule noted on the quotation.
  7. The contractor will take all reasonable steps to minimise any delay to the work.

RE-INSTATEMENT WORKS

  1.  Reinstatement works using specialist trades are not included in this quote unless identified. This includes but is not limited to concrete repair, tile replacement, repainting, plumbing, electrical, waterproofing and the like.
  2. Hytech Plastics Pty Ltd may assist with minor re-instatement works as arranged but is not licensed to perform specialist trade work.

GUARANTEES

  1. All manufacturer material warranties will be passed to the client. The client cannot pursue Hytech Plastics Pty Ltd for product warranties beyond that offered by the manufacturer.
  2. All statutory warranties are available to the client ie Goods will be fit for their purpose; work will be performed diligently and delivered with a reasonable timeframe; Unless otherwise stated goods shall be new and appropriately used.
  3. Workmanship is warranted for 2 years from completion and 6 years for major defects as required under the Home Building Act 1989.
  4. The work shall comply with
    i) the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979.
    ii) all other relevant codes, standards and specifications that the work is required to comply with under any law.
    iii) the conditions of any relevant development consent or complying development certificate.
  5. Hytech Plastics Pty Ltd is limited to the replacement of defective materials or faulty workmanship.
  6. The client shall do all in their power that is reasonable to mitigate losses occurring from any perceived or actual defect.
  7. A tag (7 x14cm) may be placed on the project to identify Hytech Plastics Pty Ltd or Abacus Shade Structures as the manufacturer and for warranty claims.
  8. Alterations, additions or damage made by others invalidates the guarantee.
  9. It is the responsibility of the owner to clean and maintain their structure after installation to minimise the impact of pollutants, dust and debris and the like.
  10. Failure to maintain sails and structures with cleaning, maintenance and annual inspections may affect warranty claims.
  11. A Home Building Compensation Fund Certificate (HBFC) is required on domestic projects over $20,000.00. HBCF insurance is quoted separately to the main contract, directly by the insurer, and this will be forwarded to the client for payment prior to commencement of works.

INDEMNITY

  1. Hytech Plastics Pty Ltd will indemnify the owner against any loss or liability for personal injury, death or property damage arising out of the work under this contract, except to the extent that the owner or owner’s representative contributed to the loss or liability.

INSURANCE

Hytech Plastics Pty Ltd has current insurance as follows: 

  • Public and product liability insurance
  • Workers Compensation insurance
  • Contract works insurance
  • Professional Indemnity insurance and
  • Motor vehicle insurances.