1. Definitions
1.1. “Metafix” shall mean Metafix Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Metafix.
1.2. “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by Metafix to the Client.
1.3. “Guarantor” means that person (or persons), or entity who agrees herein to be liable for the debts of the Client on a principal debtor basis.
1.4. “Goods” means all Materials, Equipment, Workmanship or Services supplied by Metafix to the Client at the Client’s request from time to time including any advice, recommendations, information or programming provided to the Client (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchanged for the other).
1.5. “Price” shall mean the cost of the Goods as agreed between Metafix and the Client in accordance with clause 5 below.
2. Acceptance
2.1. By engaging Metafix to perform services and/or supply materials (“Goods”), you (“the Client”) agree to be bound by the following terms and conditions.
2.2. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.
2.3. Upon acceptance of these terms and conditions by the Client the terms and conditions are irrevocable and can only be amended with the written consent of Metafix.
2.4. The Client undertakes to give Metafix at least fourteen (14) days’ notice of any change in the Clients name, address and/or any other change in the Clients details.
2.5. Where the performance of any contract with the Client requires Metafix to obtain Goods from a third party, the contract between Metafix and the Client shall incorporate and shall be subject to the conditions of supply of such Goods to Metafix and the Client shall be liable for the cost in full of such Goods.
3. Deposit
3.1. The following deposit amounts will be required before commencement of any work is undertaken: -
20% for works valued at $3,300 or less
10% for works valued from $3,301 to $19,999
5% for works valued at $20,000 or more
4. Materials Procurement and Payment
4.1. Where materials are required to complete the works, Metafix may require full or partial payment for those materials prior to procurement. No materials will be ordered until the required payment has been received and cleared.
5. Price and Payment
5.1. At Metafix sole discretion the Price shall be either;
5.2. As indicated on invoices provided by Metafix to the Client in respect of Goods supplied; or
5.3. Metafix quoted Price (subject to clause 3.2 and 3.3) which shall be binding upon Metafix provided that the Client shall accept Metafix quotation in writing within thirty (30) days.
5.4. Metafix reserves the right to change the Price in the event of a variation to Metafix quotation.
5.5. Parking Fees - Metafix will always endeavour to park in free areas, however, if we need to pay for parking, these fees will be directly passed on to the client and will form part of the adjusted quotation or invoice.
5.6. Where a quotation has been submitted to the Client without a written brief and/or sighting by Metafix of the material involved, Metafix reserves the right to submit a revised quotation if required.
5.7. At Metafix sole discretion a deposit may be required.
5.8. Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due seven (7) days following the date of the invoice.
5.9. At Metafix sole discretion;
5.9.1. payment shall be paid in full on completion of the Works ("Goods"), or
5.9.2. payment shall be due before delivery of the Goods, or
5.9.3. payment will be made by cash, or credit card, or bank deposit.
5.10. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
6. Title
6.1. Metafix and the Client agree that ownership of the Goods shall not pass until:
6.2. the Client has paid Metafix all amounts owing for the particular Goods; and
6.3. the Client has met all other obligations due by the Client to Metafix in respect of all contracts between Metafix and the Client.
6.4. Receipt by Metafix of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Metafix’s ownership or rights in respect of the Goods shall continue.
6.5. It is further agreed that:
6.5.1. where practicable the Goods shall be kept separate and identifiable until Metafix shall have received payment and all other obligations of the Client are met; and
6.5.2. until such time as ownership of the Goods shall pass from Metafix to the Client, Metafix may give notice in writing to the Client to return the Goods or any of them to Metafix. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and
6.5.3. Metafix shall have the right of stopping the Goods in transit whether or not delivery has been made; and
6.5.4. if the Client fails to return the Goods to Metafix then Metafix or Metafix’s agent may enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and take possession of the Goods; and
6.5.5. the Client is only a bailee of the Goods and until such time as Metafix has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to Metafix for the Goods, on trust for Metafix; and
6.5.6. the Client shall not deal with the Goods of Metafix in any way which may be adverse to Metafix; and
6.5.7. the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Metafix; and
6.5.8. Metafix can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and
6.5.9. until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that Metafix will be the owner of the end products.
7. Underground Locations
7.1. Prior to Metafix commencing the Works the Client must advise Metafix of the precise location of all underground services on the site and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
7.2. Whilst Metafix will take all care to avoid damage to any underground services the Client agrees to indemnify Metafix in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause 1.
8. Warranty and Liability
8.1. The Client agrees that it must within seven days of the date of delivery or completion of the works, give written notice to Metafix, with particulars of any claim that the works are defective or not by the agreement between the Metafix staff representative and the Client. In the event that the Client fails to give such notice within the said period, then to the full extent permitted by law, the works are deemed to have been accepted by the Client, and all claims by the Client against Metafix for the works are extinguished, and the Client must pay Metafix for the works.
8.2. In the event of the Client being reasonably unsatisfied with the works completed, the Client agrees to allow Metafix the opportunity to rectify the said works. Where the Client refuses or otherwise prevents Metafix from rectifying the works within seven days of advising Metafix in writing of the particulars of any defect, to the full extent permitted by law, Metafix shall not be liable to the Client, and the Client must pay all invoices in full to Metafix.
8.3. The conditions applicable to the warranty given by clause 8.1 are:
8.4. the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
8.5. failure on the part of the Client to properly maintain any Goods; or
8.5.1. (ii) failure on the part of the Client to follow any instructions or guidelines provided by Metafix; or
8.5.2. (iii) any use of any Goods otherwise than for any application specified on a quote or order form; or
8.5.3. (iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
8.5.4. (v) fair wear and tear, any accident or act of God.
8.6. the warranty shall cease and Metafix shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Metafix consent.
8.7. in respect of all claims Metafix shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.
8.8. For Goods not manufactured by Metafix, the warranty shall be the current warranty provided by the manufacturer of the Goods. Metafix shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.