Terms and Conditions 2017-05-26T19:12:35+00:00

Commercial Tender Terms and Conditions

The Customer/Principal Contractor

  • agrees to provide access to the site sufficient for Novascape Landscaping Pty Ltd to carry out its works.
  • agrees that the Customer/Principal Contractor will assume the risk for all physical conditions and characteristics of the site that differ materially from what was observable on the surface of the site at the date of the site inspection or tender proposal, whichever is earliest (latent conditions).
  • agrees that the Customer/Principal Contractor will assume the risk for any discrepancies, inconsistencies, or errors in the documentation and/or information.
  • will arrange for and cover associated costs for procurement of materials, plant, equipment and services not allowed for in the tender proposal.
  • will obtain all notices/permits required, give notices, pay all levies, charges, fees, and deposits, and provide all required information by the relevant authorities.
  • agrees that all tax invoices from Novascape Landscaping Pty Ltd are claims under the Building & Construction Industry Security of Payments Act 1999.
  • agrees that Novascape Landscaping Pty Ltd may (in its discretion) submit payment claims by email on the completion of items of work rather than weekly, fortnightly, or monthly.
  • agrees to full payment of Novascape Landscaping Pty Ltd invoices within 30 days from the end of the month in which the invoice is dated.
  • agrees to make payment by electronic funds transfer into the Novascape Landscaping Pty Ltd account nominated on the tax invoice.
  • agrees to not withhold retention monies and/or bonds.
  • agrees that it may not set-off or deduct from any monies due (or which may become due) to Novascape Landscaping Pty Ltd.
  • agrees that it may not vary the scope of the works unless Novascape Landscaping Pty Ltd agrees to the variation, including any adjustments to the date for completion and the price.
  • agrees that it must notify Novascape Landscaping Pty Ltd of any defects in its work within 7 days after the date of completion, after which point the Customer/Principal Contractor is barred from alleging that there are any defects in the works.
  • indemnifies Novascape Landscaping Pty Ltd against any loss, expense or damage of any nature, including financial loss and lawyers’ fees and expenses on an indemnity basis, suffered or incurred by Novascape Landscaping Pty Ltd arising out of the performance of the work and its other obligations under this agreement, including loss, expense or damage.
  • agrees that Novascape Landscaping Pty Ltd’s maximum aggregate liability in connection with this agreement is limited to the greater of 10% of the price and any insurance proceeds actually recovered. This clause will survive termination of this agreement.
  • agrees that, if Novascape Landscaping Pty Ltd is delayed or incurs any additional costs as a result of any of the following causes, it shall provide the Customer/Principal Contractor with a notice setting out details of any delay, any amendment to the date for completion of the works, and any adjustment to the price. The causes are:
    • inclement weather or conditions resulting from inclement weather;
    • any order of a court or tribunal that the work be suspended;
    • any act or omission of the Customer/Principal Contractor;
    • any industrial dispute affecting the progress of work;
    • a variation to the scope of the work;
    • a suspension of the work;
    • latent conditions;
    • any discrepancies, inconsistencies, or errors in the documents and/or information; o any other matter, cause or thing beyond the control of Novascape Landscaping Pty Ltd.
  • agrees that all disputes or differences must be resolved as follows:
    • written notice of any dispute or difference must be given to the other party, setting out the facts upon which the dispute or difference is based;
    • senior representatives of the parties must meet within 14 days after the date of the notice (or such longer time as they might agree in writing);
    • if the senior representatives cannot resolve the dispute or difference within 28 days after the date of the notice (or such longer time as the parties might agree in writing), either party may commence litigation.

If any provision of a Tender Proposal shall at any time be found to be or become void, voidable or unenforceable, the remaining provisions of the Tender Proposal shall nevertheless continue to be of full force and effect.