Core Refurbishments (“Core”) TERMS AND CONDITIONS
a) All quotes are valid for thirty (30) days from the date of issue of the quotation. If acceptance is received after this period, the job may be required to be requoted.
b) Unless specifically stated otherwise, all quotations are based on costs of labour and materials at the date of the quotation and are subject to price variation.
c) The Customer must communicate acceptance of the quotation
a) Any instructions from the Customer placing an order or accepting a quote shall constitute acceptance of these terms and conditions.
b) These terms and conditions may only be altered by agreement between the parties, in writing.
a) Core will provide the Works to the Customer and the Customer will pay the agreed price to Core.
b) All descriptive specifications, illustrations, drawings, dimensions etc. furnished by Core are approximate only and are intended to be by way of general description of the Goods and do not necessarily form part of the contract unless specifically identified.
c) Where it is practical, Core reserves the right to deliver the Goods and/or carry out the installation by instalments.
d) Any additional work not covered within the accepted quotation will be covered in the variation quote. This quote will require a variation order from the customer as a stand-alone task.
a) The Customer will provide free unrestricted access to all required work areas.
b) Core will conduct the Works within agreed and appropriate working hours specific to each customer.
c) Upon issue of a Purchase Order from the client, the site shall be treated as a construction site. Access to the site during construction shall be for Core staff and or authorised contractors only. Entry by any other persons (including the Customer) shall only be after approval from Core.
a) Upon acceptance from the Customer, Core will issue Progress Payment claims at various stages throughout the Works.
b) Core will provide the Customer with Progress Payment invoices in accordance with the Building and Construction Industry (Security of Payment) Act 2021 (the Act).
c) The first progress payment invoice of 33% of the quotation value, will be issued to the Customer upon receipt of Purchase Order and will be payable 14 days from invoice date.
d) The second progress payment invoice of 33% of the quotation value, will be issued on completion of joinery / cabinet installation and will be payable 14 days from invoice date.
e) The final progress payment invoice of 34% of the quotation value, will be issued upon successful handover of the Works, bringing the total amount invoiced to 100% of the total value of the contract. This invoice will need to be approved by the Customer prior to the site being handed back over to the client. The amount shall be paid within 14 days of invoice date, unless otherwise stated on the invoice.
f) Invoices issued to the Customer that remain unpaid after 14 days (see 5c above), may be subject to a payment default fee.
g) Payment Defaults may be charged interest up to a rate of 18.0% per annum (as per The Act). In such cases an administration fee may also be payable.
h) Payment defaults that are 30 days or more overdue may be handed over to a debt collection agency or solicitor.
i) Any costs incurred by Core in obtaining payment of outstanding invoices including legal costs and/or collection agency fees will be the sole responsibility of the Customer.
a) Core will perform all work in accordance with applicable Australian Standards.
b) Core and all its representatives will hold all necessary licenses as per Builders Act 2011 WA.
a) All goods supplied shall remain the property of Core until all sums due have been paid in full.
b) Should full payment remain outstanding for more than 60 days, Core has the right to enter the premises where the Goods have been delivered or installed and regain possession of the Goods.
a) The Customer shall inform Core if they are aware of any potential hazards onsite prior to the commencement of work eg asbestos on the area, electrical faults which could potentially cause harm to Core or its subcontractors.
b) The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
c) The Customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of hazardous materials in or about the site on which the Works (or any part thereof) are being performed.
d) If during the course of installation where Works are being conducted within and around switchboards, that it is found to be unsafe by Core, then the Customer will be immediately notified. The power if isolated will not be re-energised until such times as the existing condition has been rectified and made safe in accordance with state regulations. It will be the Customers responsibility to remedy the condition. Should the Customer require Core to remedy the situation, then a variation will be required by the Customer to be issued to Core.
a) Core maintains adequate insurance that protects their property, their employees and the interest of third parties resulting from the negligence of Core.
b) Core warrants its installation work to be defect free for a period of twelve (12) months from invoice date. Such cover does not extend to goods not supplied by Core, physical damage to products, or any instance where the original installation has been altered or tampered with subsequently by third parties.
c) Core shall have the first option to remedy any defect within the warranty period (Warranty Work).
d) All Warranty Work shall be conducted during regular business hours.
a) The Customer acknowledges that they have made their own assessment as to the condition, quality, value, suitability, and fitness for the purpose of Core.
b) Core shall not be liable or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform any of the Works if the delay or failure was due to any cause beyond Core control, including but not limited to an act of god, government act, fire explosion, accident, discovery of hazardous material, civil commotion or industrial dispute.
c) Core shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and /or expense (including loss of profit) suffered by the Customer arising out of a breach of these Terms and Conditions.
d) In the event of any breach of this contract by Core the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price.
e) The Customer shall not be entitled to set off against, or deduct from the Price, sums owed or claimed to be owed to the Customer by Core nor to withhold payment of any invoice because part of that invoice is in dispute.
a) In the event of conflict between these conditions and those which may be included in, or implied by any document forming part of an enquiry, specification, quotation, order or contract, than these conditions prevail except in as far as they are expressly varied by us in writing or by law.
b) This agreement is governed by, and is to be construed in accordance with the law for the time being of Western Australia. The Parties hereby agree to submit to the non-exclusive jurisdiction of the Courts of the State.
“Core Refurbishments ” means Core Refresh Pty Ltd (ABN 56 671 767 070) trading as Core Refurbishments
“Customer” shall mean the customer (or any person acting on behalf of and with the authority of the customer) as described on any quotation, work authorisation or other form as provided by Core to the customer.
“Goods” shall mean goods supplied by Core to the Customer ( and where the context so permits shall include any supply of services) and are as described on the invoices quotation, work authorisation or any other forms as provided by Core.
“Works” shall mean all Goods supplied by Core to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
“Price” shall mean the price payable for the Goods and or Works as agreed between Core and the Customer.
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