MPE Group Pty LTD Interiors - Terms & Conditions of Sale
1. Commercial Conditions
MPE Group Pty Ltd (referred to as MPE) reserves the right to negotiate the commercial conditions.
2. Terms of Payment
Terms of Payment are strictly within FOURTEEN (14) Days of the date of MPE correctly rendering an invoice, by progress claim or as negotiated and are not to be delayed because of delays of payment by your client. Project progress claims to be submitted monthly based on percentage of works completed. Deposits are required upon acceptance of quotation and before commencement or work.
3. Validity Period
Unless otherwise stated in the Proposal, this price shall remain Fixed, Firm and Valid for a period of Thirty (30) days from date of submission, and hereafter it may be subject to confirmation or review. Prices may be subject to currency exchange variations prior to acceptance of the customer’s order.
4. Liquidated Damages
MPE does not accept Liquidated Damages whether directly related to the contract or from third parties.
5. Hours of Work
The MPE offer is based on 5-day 38-hour ordinary working week between Monday to Friday 7.30 am to 4.00 pm unless otherwise specified in the Proposal or Scope of Works. Outside these hours additional charges may apply.
6. Warranty
We warrant MPE work for 365 days from date of practical completion. Warranty is governed by the laws of the state of Victoria.
7. Retention
No retention funds or withheld payments will be permitted in this contract.
8. Variations
Any works outside the scope of this proposal will be treated as a variation – both parties must notify the other within 2 working days if variation arises. Works cannot commence on any variation until approval is given by the parties.
9. Scope
Please refer to the proposal for complete scope of works and inclusions/exclusions. MPE has only allowed for work shown on documents provided during the tender process (if additional documents not previously provided are referenced in the contract they are to be deleted).
10. OH&S
All MPE staff are required to work in accordance with MPE OH&S policy. We reserve the right to inspect a designated place of work and withdraw MPE staff if we judge that the working environment is unsafe.
11. Power of Attorney
MPE Electrical Contracting Pty Ltd will not relinquish its power of attorney rights for any contractual reasons.
12. Allowances
No allowance has been included for the payment of any SPECIAL ALLOWANCES to our employees engaged on this project unless specified in the Proposal. A
requirement to pay such Allowances will therefore be treated as a variation.
13. Tender Schedule
We enclose our priced tender schedule based on our interpretation of the scope of works in our proposal for your information. Please be aware this tender schedule is indicative only and not to be used for additions, deletions and progress claim valuations. Variations to the contract will be priced individually for approval prior to commencement
14. Retention of Title
All goods remain the property of MPE until payment for such goods has been received by MPE in total.
15. Acceptance
Quotations must be accepted in writing by an authorized representative of your organization. Confirmation of acceptance by email or letter. Verbal confirmation will not be deemed as suitable notification of acceptance.
16. Proprietary Items and Documentation
All documents and items provided to the customer by us are proprietary items and documents and as such will remain our property until ownership is transferred by Agreement or placement of a Purchase Order. All documents and items are to be treated as commercial in confidence and trade secret and are not to be disclosed, discussed or shown to any party without our consent.
17. Force Majeure
We will not be liable for any delay or failure to perform our obligations under this offer caused by any Force Majeure event.
18. Confidentiality
The Client/Customer agrees to keep confidential and or not to use or disclose any of the information contained within this offer.
19. Precedence
Should there be inconsistency between the Quotation and these Terms &
Conditions, then the Terms & Conditions will prevail to the extent of the inconsistency.
20. Applicable Law
The validity, interpretation and performance of this agreement shall be governed by the law of the state of Victoria.
21. Entire Agreement
The Quotation & the Terms & Conditions constitute the whole agreement between the parties in relation to the subject matter and supersedes all other agreements whether written or verbal.
22. On Site Facilities
MPE requires the use of the on-site facilities including toilets, washrooms, lunchrooms, lifts, loading dock or loading bays and the lifting equipment contained therein. All reasonable access should be provided to ensure ease of operation during building works.
23. Sub-Contractors
MPE has NOT allowed to manage any other client nominated contractors but will factor these times into the works program as required. Any management of these contractors could incur a further cost.