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CHUDITCHS STANDARD TERMS AND CONDITIONS

FOR SUPPLY OF GOODS AND SERVICES


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DEFINITIONS
Agreement means the agreement between the Customer
and Chuditch.com.au Pty Ltd (Chuditch) constituted by
these Terms and Conditions and the Quotation.
Customer means the person whose name is specified in the
Quotation.
Material means the type of materials specified in the
Quotation;
Fees means the fees for the Services calculated in
accordance with the Quotation.
Quotation means a quotation and/or proposal for the sale or
supply of Services provided by Chuditch to the Customer in
the form set out in the Quotation.
Services means the services set out in the Quotation.

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GENERAL
2.1 These Terms and Conditions apply to the Quotation made by
Chuditch, and any contract arising out of the Quotation.
2.2 Variations to the Quotation must be made in writing and
agreed to in writing by both parties.
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FEES AND PAYMENT
3.1 The Fee described in the Quotation will be invoiced to the
Customer in three installments, being 25%, 50% and 25%, as
follows:
a) Immediately after acceptance of Quotation by the
Customer, Chuditch will Invoice the Customer for 25%
of the total Fee to secure the commencement date,
payable withing 7 days of the date of Invoice, but prior
to the commencement of Services.
b) Prior to the commencement of Services Chuditch will
invoice the Customer for further 50% of the total Fee,
payment of which must be cleared 3 days prior to
commencement date.
c) Upon completion of Services Chuditch will invoice the
Customer the remaining 25% of the total Fee payable
with 7 days of the date of Invoice.
3.2 If the Customer does not pay the invoice when due, Chuditch
may, in its discretion do any or all of the following:
(i) charge the Customer interest of 2% above the overdraft
rate charged to Chuditch by its bankers from time to time
on the payment outstanding and the Customer shall pay
all legal or other costs incurred by Chuditch in attempting
to recover the outstanding payment owed by the
Customer;
(ii) immediately terminate the Agreement.
3.3 If the Customer is a corporation, and the person who accepts
the Quotation on behalf of the Customer is a director of the
corporation, then that person guarantees the due and proper
performance by the Customer of all of its obligations under
this Agreement.
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INDEMNITY
4.1 The Customer indemnifies and agrees to hold Chuditch, its
employees, agents and contractors harmless against all
costs, claims, injuries, expenses or other liability arising out of
or in connection with the Services provided by Chuditch.
4.2 Chuditch is not liable for any consequential, indirect, special,
economic or other losses or damage whatsoever suffered or
incurred by the Customer, including loss of revenue, profits,
goodwill, opportunities, whether caused by negligence,
breach of contract, breach of statute or otherwise and
whether or not Chuditch was aware of or should have been
aware of the possibility of such damage.
4.3 In the event the Customer makes changes to or alters any
work (completed or in progress), Materials or Services
provided by Chuditch, clauses 4.1, 4.2, 5 and 6 apply.

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WARRANTIES AND LIMITATION OF LIABILITY
5.1 The liability of Chuditch pursuant to these Terms and
Conditions or any warranty implied by law or the operation of
any statute shall be limited to the cost of repairs up to a
maximum of Fees relevant to the Service which requires
repairs; or to the cost of replacing defective goods, the cost of
obtaining equivalent goods, or the cost of repairing the
goods, at Chuditchs discretion.
5.2 To the extent permitted by law, all other representations,
conditions or warranties, whether based in statute, common
law or otherwise, are excluded. Where such exclusion is
prohibited by law, the liability of Chuditch for breach of such
representations, conditions or warranties will be limited, at the
option of Chuditch where it is reasonable to do so, to one or
more of the following:
(a)the supplying of the Services again; or
(b)the payment of the cost of having the Services supplied
again.
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6.1

DEFECTS AND RECTIFICATION


If, after completion of Services by Chuditch, the Customer
claims that a defect in the Material has arisen out of the
performance of the Services provided by Chuditch the
Customer must Immediately notify Chuditch.
6.2 Subject to Chuditch acknowledging the defect to be directly
caused by Chuditchs workmanship, Chuditch will rectify such
defect at its cost and expense subject to limitation of
Chuditchs liability contained in clause 5.1.
6.3 If, before notifying Chuditch of the defect, the Customer
attempts to repair or arranges for someone else to repair the
defect, then clauses 6.1 and 6.2 will become void.
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DISPUTE RESOLUTION
7.1 If a dispute arises between Chuditch and the Customer out of
or in connection with this Agreement, the parties expressly
agree to endeavour in good faith to settle the dispute by
mediation before having recourse to arbitration or litigation.
7.2 A party claiming that a dispute has arisen, must give written
notice to the other party specifying the nature of the dispute.
7.3 The mediation shall be conducted in accordance with IAMA
Mediation Rules, by an agreed mediator or failing agreement,
by a mediator appointed by the President for the time being
of the WA Chapter of IAMA, with the costs of mediation to be
shared equally by the parties.
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GENERAL PROVISIONS
8.1 Entire Agreement. This Agreement constitutes the entire
agreement between the parties regarding its subject matter
and supersedes any prior representations, understandings or
arrangements.
8.2 Waiver. A right created by the Agreement cannot be waived
except in writing signed by the party entitled to that right.
Delay by a party in exercising a right does not constitute a
waiver of that right, nor will a waiver (either wholly or in part)
by a party of a right operate as a subsequent waiver of the
same right or of any other right of that party.
8.3 Applicable law. This contract is governed by the law of
Western Australia and the parties agree to submit to the
exclusive jurisdiction of the courts of Western Australia.
8.4 Notices. Any notice or any other communication (notice)
must be in writing and is treated as having been given and
received when delivered to the other partys address; on the
third business day after posting; or on the business day of
confirmed transmission if sent by facsimile. The address of a
party is the address set out in the Quotation or another
address of which that party may from time to time give notice
in writing to each other party.

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