[Last updated September 2019]
Terms of Supply
Thank you for ordering through Quotec Live design.quotec.com.au. These are the terms and conditions upon which we supply the kit you have ordered.
This agreement is the entire agreement between us. Any other material, including terms and conditions attached to a purchase order, we receive from you is expressly rejected and will have no force or effect.
This agreement is binding on you when you:
- check a box on a website next to a link to these terms; or
- proceed with your order (after being provided with the terms of this agreement) by paying to us the deposit amount set out on your invoice for your kit order.
This agreement is entered into electronically. The agreement is with the account holder, with no requirement on us to ensure that the person completing the order through the account has the authority to do so.
1.1. Any quote provided by us will be valid for 30 days. You may accept a quote by paying to us the deposit.
1.2. As our supply costs are subject to market fluctuation, we reserve the right to increase our quote at any point before you paying the balance of payment due. You may cancel your order before the date of manufacture if you do not agree with any notified price increase.
1.3. Unless otherwise stated, amounts shown are in AUD$ and are inclusive of GST. You agree to pay an additional amount for GST at the rate currently prescribed by law. We will be provided with a tax invoice generated by the system upon completion of your order.
1.4. You accept responsibility for ensuring the design specifications and all other items in your Kit Order are correct and understand that it is your liability if they are incorrect.
1.5. You may only make changes to your Kit Order before the manufacture order is placed. Changes may be subject to additional cost.
2.1. You must pay a non-refundable deposit in the amount set out on the invoice for the total quoted price for the Kit Order. Once the deposit is paid, we will release the engineering drawings and certification for the Kit Order to you. You must then pay the balance of payment when requested by us. We reserve the right to not order manufacture of the Kit Order until the Kit Order price has been paid in full.
2.2. If you have not paid amounts you are required to pay under this agreement, we may, at our discretion and in addition to any of our other rights:
- withhold manufacture or delivery (as applicable) of the Kit Order or any part of it;
- retain ownership of the Kit Order if it has been delivered (see clause 9);
- keep or re-sell the Kit Order or parts of it if repossessed (see clause 9); and/or
- claim against you for the losses we incur due to your non-payment.
2.3. You agree to pay our costs for enforcing our rights under this agreement including debt collection fees if we need to enforce payment by you of the amounts you owe, and legal costs (on a solicitor and own client basis).
2.4. If you are in default under this agreement, you agree that you will pay to us, in addition to any other amount you owe, any charge, fee or penalty imposed on us, under the agreement we have with our manufacturer, which arises due to a breach by you of this agreement (including delayed or late payment of money owing by You).
3.1. Your deposit is non-refundable. You agree the deposit amount represents fair value for the engineering drawings and certification.
3.2. If you have paid the full purchase price for the Kit Order and you would like to cancel your order before manufacture being scheduled, you may do so in writing, and we will refund back to you the balance of the purchase price, less the deposit amount.
3.3. Once we have scheduled manufacture of your Kit Order, you may not cancel your order.
3.4. Every order is unique and based upon the design requested. If you request to cancel your order after manufacture has started and before delivery, you agree that Quotec’s loss and damage is equal to the total amount due for parts already constructed, up to and including the full purchase price of your order, less any delivery costs no longer required. You accept that we are under no obligation to refund to you any sum other than a delivery cost that is no longer required.
4. Design Specifications
4.1. It is your responsibility to check the design specifications before ordering the kit.
4.2. We make no warranty that what you have designed will be fit for any purpose, suitable for your property or lawful for installation on your site.
4.3. You must satisfy yourself as to the suitability, stability, adequacy and legality of the site or proposed use of the building to be constructed from the engineering designs. Quotec accepts no responsibility or liability for the structural competency of any building produced as a result of designs generated by our platform. You acknowledge that all dimensions shown in the drawings are to be considered nominal and not absolute, including, but not limited to, the main door opening clearance heights.
5. Inclusions And Exclusions
5.1. The design specifications set out the inclusions in the Kit Order. If it is not listed in the bill of materials, we are not supplying it.
5.2. If you place a Kit Order, we will only provide the Kit Order.
5.3. We find some items regularly cause confusion for customers, so for clarity we are listing these specific exclusions (this list is not exhaustive):
- Concrete Slab - you may have received some information through Quotec Live about the size, depth or footings requirements for the concrete slab. We do not supply any materials for the concrete slab. It is your responsibility to complete all preparation for and arrange for the concrete slab to be completed, together will all associated works, at your cost.
- Connection to stormwater – if the design specifications include, downpipes are only supplied to ground level. It is your responsibility (at your cost) to then take all necessary steps to connect the downpipes to the stormwater drainage (or other). You are responsible for obtaining final council approval.
6. Manufacture And Supply
6.1. Manufacture will be in accordance with the design specifications.
6.2. We are not the supplier of the building materials required for the Kit Order and we reserve the right to select the supplier for these materials. If the supplier of the building materials offers a warranty for the building materials, we will offer the same warranty to you. If the supplier offers no warranty, nor do we.
6.3. If required for manufacture, we reserve the right to alter the engineering or building materials listed in the design specifications without notice to you, provided the building materials are of a similar quality and size.
6.4. You acknowledge and accept that all dimensions shown in the design specifications are nominal only and not absolute. This includes the main door opening clearance height.
7. Delivery And Risk
7.1. We provide an estimated delivery date only. The actual delivery date may be beyond our control and we are not liable for any delays that may occur. We are not liable to you or your customer for any loss or consequential loss you or your customer may suffer because of non-delivery or delayed delivery.
7.2. If the delivery address is different to the one provided with the Kit Order, you must advise of this change in writing at least 14 days before the estimated delivery date or you may incur additional delivery fees.
7.3. If you request us to delay the delivery date past the date shown in the schedule, we may be able to accommodate your request, however you may incur additional fees for us to store the Kit Order before delivery.
7.4. Risk in the Kit Order passes to you upon arrival of the Kit Order at the delivery address (before unloading). This means that any damage caused in the unloading process is your responsibility.
7.5. To allow for a safe and smooth delivery, you must provide clear access for delivery purposes at the delivery address and, at your expense, all necessary assistance for unloading of the Kit Order. If the delivery site is not suitable or unloading capacity not sufficient, you may incur additional delivery fees for re-delivery.
7.6. If you or your customer are not at the site at the time of delivery, then the signature of the transport driver, or any other person at the site accepting delivery on your behalf, will be sufficient evidence of delivery of the complete Kit Order.
7.7. If you or your customer are not at the site at the time of delivery, or access to the site is limited (in the opinion of the driver), then the delivery driver has the right to determine the best place on or near the site to unload the Kit Order. You agree you will accept this decision.
8. Shortages, Errors Or Damage
8.1. It is your responsibility to carefully check the Kit Order when it is delivered to make sure it matches the design specifications and inclusions.
8.2. You have a period of 7 days from delivery to notify us in writing if the Kit Order or any part of the Kit Order is damaged, missing or incorrect. If you do not notify us within that time, you are deemed to have accepted the Kit Oder as is. Our suppliers typically take photos of items before dispatch to provide evidence of correct supply. Where these photos show that the correct quantity was dispatched, undamaged, we will rely upon that evidence as being irrefutable.
8.3. If the fault is ours, for example if the building materials supplied are faulty, incorrect sizes, amounts, quantities or colour (‘fault’), we will replace these items at our expense. In no circumstances will we be responsible for costs arising out of or related to the fault including (but not limited to) rectification or building errors during construction, loss of time or damages or delays, additional labour or additional delivery costs. What this means is that, for example, we will not accept an invoice from your tradesperson for drilling extra holes in beams after the Kit Order was accepted.
8.4. Our complete liability in respect to the fault is to either, at our discretion, replace the damaged, missing or incorrect item or refund to you the unit cost of the damaged, missing or incorrect item.
8.5. If you receive a damaged item or component, we will only replace the item if it is in the same condition as we dispatched it. To be clear, if you receive an item you believe is damaged or incorrect and then drill additional holes or alter the item in any other way to try and make it fit your purpose, you will be deemed to have accepted the item and we will not replace it.
9. Title Of Goods
9.1. Title (ownership) in the Kit Order does not pass to you or your customer until you have paid in full all amounts owing by you under this agreement including the purchase price, delivery fees and other charges including enforcement costs (if applicable).
9.2. You agree we may protect our rights under this clause by registering our interest on the PPSR.
10. Theft And Damage
10.1. We are not responsible for loss due to theft or damage to building materials once they are delivered to site.
10.2. You must ensure the building materials are not exposed to theft or damage before construction and, if they are, replace the stolen or damaged items at your cost.
11. Construction By Customer
11.1. If required, you may contact us during construction of your Kit Order, and we will provide general construction advice for the Kit Order over the phone during our standard business hours. Only the account holder on our platform, or employee of the account holder, may contact us. We will not provide any advice to your customers. We provide construction advice in good faith however take no responsibility for the outcome of any action you take based on that advice.
11.2. You indemnify us for any loss, damage, delay, cost or injury sustained by you or any other person, during or after construction of the Kit Order, whether the loss, damage, delay cost or injury was caused or contributed to by our advice or otherwise.
11.3. You acknowledge that the Kit Order will require drilling, cutting and other modifications during construction and that these are your responsibility.
12.1. Subject to any other clause in this agreement, we warrant that the Kit Order will be manufactured in accordance with the design specifications in the Kit Order and will be of acceptable quality as defined in the Australian Consumer Law.
12.2. The Kit Order will be free of third-party claims or undisclosed securities.
13. Limitation Of Liability
13.1. Where you use our platform on behalf of your customer, your relationship with your customer is your responsibility. Your customer has no agreement with us and we have no obligations to your customer.
13.2. We are not liable for any loss of profit, direct, indirect or consequential losses or damages suffered by you, your customer or others in relation to the Kit Order, installation of the Kit Order, use of the Kit Order, this agreement or arising from third party claims.
13.3. Other than clause 12.1, we make no warranty that the Kit Order is fit for the purpose you or your customer intend and any verbal representations or discussions in relation to the Kit Order do not form part of this agreement.
13.4. If any clause in this agreement amounts to a warranty against defects, our product comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
13.5. Notwithstanding clause 13.4, we limit our liability for major or minor failures with our product (at our election and as allowed by section 64A of the ACL) to:
(i) the supplying of the defective product or part of the product again; or
(ii) the refund to you of the unit cost of the defective product or part of the product.
14.1. Jurisdiction - This agreement is governed by the laws of Queensland, Australia and You agree to be subject to the jurisdiction of the courts of Queensland, Australia if there is a serious dispute between us.
14.2. Entire agreement – If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the terms and conditions will continue in effect.
14.3. Clerical errors – If we make a mistake in the typing or otherwise on the quote, acceptance offer, emails, delivery note or specifications, you agree that we may correct the error.
14.4. Force majeure – We will not be liable for any delay or failure to perform all or part of our obligations under this agreement where the delay or failure is caused or contributed to by an event or cause beyond our reasonable control.
14.5. Data – we will share data with www.design.quotec.com.au about your Kit Order and this may contain some of your personal information, or your customer’s personal information. Once we have completed your order, we will store that data for 90 days and then it will be deleted on our next scheduled data destruction cycle. If you would like a copy of that data, you must request a copy in writing within 90 days of the delivery date of the Kit Order. We will only provide data in electronic form and we may charge a fee for supplying that data.