Floyd Group Pty Ltd (ACN-083 233 103)
ABN-69 372 004 547
PO Box 657
Ringwood Victoria 3134
Floyd Group Pty Ltd (ACN-083 233 103)
ABN-69 372 004 547
PO Box 657
Ringwood Victoria 3134
A day, other than Saturday or Sunday, during which banks are open for general banking business in Victoria Australia whose laws apply in the construction of this Contract.
These terms and conditions:
a. Constitute a contract between Floyd Energy and the Client, which prevail over any other terms, and conditions that may be inconsistent or contrary to those contained in this document;
b. Apply to any quotations, estimates, reports, annexures or schedules attached, or forming part of the supply of the Consulting Services by Floyd Energy to the Client;
c. Apply to the exclusion of all other agreements and prior representations, unless subsequently evidenced in writing by Floyd Energy and the Client, and is the whole agreement between Floyd Energy and the Client.
Unless otherwise stated in writing by Floyd Energy, these terms and conditions apply to the provision or supply of the Consulting Services by Floyd Energy, its employees, servants, agents and sub-contractors to the Client where the:
a. Client places an order or request for the Consulting Services, which either contain no terms and conditions of supply, or contains terms and conditions identical to those contained in this document, and;
b. Floyd Energy accepts such an order or request.
The person, firm, corporation, governmental or semi-governmental authority that seeks the Consulting Services from Floyd Energy.
The Client cannot assign the benefit of the rights under this Contract without the written consent of Floyd Energy.
For convenience, the first letters of words and expressions defined in this Contract are in capital letters. The absence of a capital letter does not alone imply that the word or phrase has a different meaning from that given by its definition.
The laws of Victoria govern these terms, conditions and Contract, and the Courts of Victoria Australia will hear, determine, and enforce proceedings to protect those rights, liabilities, or obligations.
Headings are for reference only, and do not affect the interpretation of these terms, conditions and Contract.
Unless inconsistent with the subject matter or context, words importing one gender include the other gender and words importing the singular number include the plural number and vice versa. A person includes an individual, body corporate, partnership, and government.
The expression “Floyd Energy” and “Client” includes the respective parties and the respective trustees, executors, administrators or successors in title. Subject to these terms and conditions, this clause does not mean the Client can assign any right under this Contract.
Floyd Energy provides or supplies to, or on behalf of the Client
a. Energy rating reports and assessments necessary for the provision of building permits, and;
b. Related advisory or consulting to clients in the construction or building industry for energy rating reports or assessments.
The description of services stipulated on invoices or order forms is provided by way of identification only and the use of that description will together with these terms and conditions and the price payable constitute a contract of sale for those services. Any description of any services in any brochure, document, or other sales literature used by Floyd Energy does not form part of any agreement between Floyd Energy and the Client.
a. Unless otherwise agreed by Floyd Energy and the Client in writing the price of the Consulting Services is that specified by Floyd Energy on invoices, order forms, price lists, or other documents.
b. Except as otherwise stated in writing by Floyd Energy the prices are GST exclusive;
c. Where the price specifically includes GST, it is calculated upon the rate ruling at the date of the quotation and any variation at the time of delivery is at the expense of the Client.
Subject to these terms and conditions, the Price is as quoted in writing by Floyd Energy, or varied due to a change in the Client’s Specifications. If a Price is not quoted, then it is in accordance with Floyd Energy’s current price list. Verbal quotations are, subject to written confirmation. Floyd Energy reserves the right without notice to alter the Price of the Consulting Services whether or not a deposit or part payment has been received by Floyd Energy for the Consulting Services. Floyd Energy can invoice the Client for any extra amount where the costs to Floyd Energy have altered due to circumstances beyond its control. This includes, without limitation, any variation in Floyd Energy’s exchange rates, taxes, levies, imposts, duties, premiums, fuel, wages, labour conditions, outside services, fees or charges however designed, and to correct errors and omission.
Unless otherwise agreed in writing between the parties, the Client will pay Floyd Energy, all fees and expenses before the completion of the Consultancy Services and before the provision of any report, the Client will pay to Floyd Energy all fees and expenses, as follows:
a. Fifty percent (50%) of the quoted or estimated Price at the time of requesting the Consultancy Services, and;
b. The balance at the completion of the provision of the Consultancy Services, or when the reports are available to the Client.
If the Client fails to comply with the Payment Terms, then:
a. The Client will pay Floyd Energy interest as set by the Reserve Bank cash rate target plus three per cent on all money owing from time to time for the supply of the Consulting Services to cover the loss of use of the unpaid funds available to Floyd Energy including all charges from time to time owing by the Client, and;
b. Floyd Energy reserves the right to discontinue or suspend the provision or supply of Consulting Services to the Client, and;
c. Floyd Energy reserves the right to withdraw at any time any further credit facilities extended to the Client where payment is not received or where such other acts or omissions of the Client are objectionable to Floyd Energy.
Where a Client seeks credit with Floyd Energy, the Client may be required to nominate referees or guarantors (acceptable to Floyd Energy) before Floyd Energy approves that credit.
The Client authorises Floyd Energy (its servants and agents) to make all credit inquiries to verify that the information given to Floyd Energy by the Client and that the Client can satisfy its commitments under these terms and conditions.
Notwithstanding any credit granted to or anything contained in these terms and conditions to the Client, Floyd Energy retains the full legal and beneficial ownership and title in, and copyright to the reports provided to the Client.
To the extent permitted by law, the Client cannot without Floyd Energy’s written consent cancel orders for the Consulting Services. The cancellation of any order can only occur on terms, which indemnify Floyd Energy against all loss for all work carried out or committed by Floyd Energy for and on behalf of the Client.
Changes to any specifications at the Clients request, either at the time of placing the order, or afterwards will only be accepted at Floyd Energy’s discretion. Such changes will only take effect when agreed in writing by Floyd Energy and which can result in a Price Variation.
The Client releases Floyd Energy from all and any liability in relation to, or occurring out of any failure or transaction in performance of its obligation due in part or in whole to any cause whatsoever beyond Floyd Energy’s control.
The Client limits Floyd Energy’s liability, and accepts that Floyd Energy is not:
a. Liable for any loss, damage, or any delay caused beyond Floyd Energy’s control;
b. Liable to the Client, its servants or agents for any direct, indirect, incidental or consequential loss, injury or damages of any nature (whether in tort, contract, or otherwise).
Failure by Floyd Energy to insist on strict performance by the Client of any terms and conditions is not a waiver. In any event, it is not a waiver of the same terms and conditions on any subsequent occasion, and does not discharge the Client from any obligations under these terms and conditions.
In addition to any lien to which Floyd Energy may be entitled by statute or common law, Floyd Energy will in the event of the Client’s non-payment of any money owing under this Contract, insolvency, bankruptcy or winding up have a general lien on all property whatsoever owned by the Client, or held on its behalf, or a third party’s behalf, in Floyd Energy’s possession at the time.
Such lien will cover the unpaid Price of any Consulting Services supplied by Floyd Energy to the Client and any other charges that have arisen by the Late Payment.