TERMS AND CONDITIONS

Definitions

In these Terms and Conditions, the following definitions apply:

• "Company", "Seller", "we", "us" or "our" means Civilworks Aus Group Pty Ltd (ABN 14 671 312 833), trading as Civilworks Australia Group, its successors and assigns, and any person acting on its behalf.
• "Client", "Purchaser", "you" or "your" means the person, firm, corporation or entity engaging the Company for Services or purchasing Goods, and if more than one, is a reference to each of them jointly and severally.
• "Goods" means all natural stone, materials, products or related items supplied or to be supplied by the Company to the Client.
• "Services" means installation of natural stone, civil works, site preparation, excavation, drainage, concrete works, paving, labour and any related services provided by the Company.
• "Deliverables" means Goods and Services collectively, or either of them where the context permits.
• "Quote" or "Order" means a written quotation, proposal or order confirmation issued by the Company.
• "Agreement" means the binding contract formed upon the Client's acceptance of a Quote, incorporating these Terms and Conditions and all applicable attachments.
• "Variation" means any agreed change to the scope of Goods or Services after an Agreement has been formed.
• "Completion" or "Practical Completion" means when the Deliverables have been substantially supplied in accordance with the Agreement, notwithstanding minor omissions or defects that do not materially affect use.
• "Completion Date" means the date for supply of Deliverables as stated in the Order, or if not stated, a reasonable time after acceptance.
• "Defects Liability Period" means 12 months from the date of Practical Completion.
• "Site" means the address nominated by the Client as the place for delivery or installation of Goods and/or Services.
• "Price" means the price payable (plus GST where applicable) for the Deliverables as stated in the Quote.
• "GST" means goods and services tax as defined under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• "Australian Consumer Law" or "ACL" has the meaning given to it in the Competition and Consumer Act 2010 (Cth).
• "Security of Payment Act" means the Building and Construction Industry Security of Payment Act 1999 (NSW), as amended or replaced from time to time.
• "Force Majeure Event" means any event beyond the Company's reasonable control, including war, terrorism, pandemic, natural disaster, supply chain disruption, industrial action, change in law, fire, flood, or storm.
• "Insolvency Event" means administration, receivership, liquidation, voluntary winding up, deed of company arrangement, or inability to pay debts as and when they fall due.
• "Free Issue Materials" means any materials provided by the Client to the Company for use in supplying the Deliverables.

 

2. Acceptance of Terms

These Terms and Conditions apply to all contracts and agreements between the Company and the Client for the supply of Goods and/or Services. The Client is taken to have accepted and is immediately bound by these Terms and Conditions upon:

• Accepting or signing a Quote or Order;
• Paying a deposit or any part of the Price;
• Accepting delivery of any Goods; or
• Instructing the Company to commence any Services.

These Terms and Conditions prevail over any terms or conditions the Client may seek to impose and may only be amended by written agreement signed by both parties. Where a third party pays on behalf of the Client, the Client remains responsible for all payment obligations. Electronic signatures are accepted in accordance with the Electronic Transactions Act 2000 (NSW).

3. Quotes, Pricing and Variations

3.1 Quote Validity

Quotes are valid for 30 days from the date of issue unless otherwise stated. A site inspection may be required prior to the approval of rates and commencement of works. After the validity period, the Company reserves the right to revise pricing due to material cost changes, labour availability, or changed site conditions. Quoted prices are based on information provided by the Client at the time and may be revised if that information proves inaccurate.

3.2 Price

The Price is stated in Australian Dollars (AUD) and excludes GST unless otherwise specified. GST will be added to invoices in accordance with applicable law. The Company reserves the right to amend the Price if:

• A Variation to the Goods or Services is requested or required;
• Hidden or unidentifiable site difficulties are discovered on commencement;
• The cost of labour or materials increases due to factors beyond the Company's control, including foreign currency fluctuations or international freight charges; or
• Client-supplied information proves incomplete or inaccurate.

3.3 Variations

Any Variation to the agreed scope must be agreed in writing before the work is carried out. The Company will issue a written Variation order stating the additional cost and any impact on programme. If the Client fails to respond to a Variation within 10 business days, the Company may add the cost of the Variation to the Price. Verbal agreement to a Variation does not create a binding obligation on the Company.

3.4 GST

All prices are subject to GST where applicable. Tax invoices will be issued on request in accordance with the GST Act. The Client must pay GST without deduction or set-off.

 

4. Payment Terms

4.1 Deposit

The Company requires payment as follows, unless otherwise agreed in writing:

• Supply of Goods: a non-refundable deposit of 30% of the Price on acceptance of the Order, with the balance payable cash on delivery (COD).
• Installation Services: invoiced on completion, with payment due within 30 days from the date of invoice.

Where a Quote includes both supply and installation, the above terms apply separately to each component unless a combined payment schedule is agreed in writing. The deposit is non-refundable if the Client cancels after materials have been ordered or work has commenced.

4.2 Progress Payments

For larger projects, the Company may issue progress invoices in line with project milestones as set out in the Order. Payment of each progress invoice is due within 5 business days of issue unless otherwise agreed in writing.

4.3 Final Payment

The balance of the Price is due at Practical Completion, prior to handover of the works. The Company reserves the right to withhold handover and completion documentation until full payment is received.

4.4 Payment Methods

Payment may be made by cash, bank cheque, electronic funds transfer, or credit card (a surcharge may apply). The Company reserves the right to require cash payment in full prior to delivery where the Client's credit history is, in the Company's opinion, unsatisfactory.

4.5 Late Payment

Interest on overdue invoices shall accrue daily from the due date at a rate of 2.5% per calendar month (compounding monthly) until paid in full, both before and after judgment. The Client agrees to reimburse the Company for all costs of recovering overdue amounts, including debt collection agency fees and legal costs on a solicitor-own client basis. The Company reserves the right to suspend or terminate the supply of Deliverables where payment is overdue. The Client shall not withhold or set off any payment because part of an invoice is in dispute.

4.6 Security of Payment

To the extent the Security of Payment Act (NSW) applies to any Agreement, the provisions of that Act prevail to the extent of any inconsistency with these Terms and Conditions.

 

5. Delivery of Goods

5.1 Delivery

Unless otherwise agreed in writing, goods will be delivered to kerbside at the Site. Delivery times are estimates only and the Company will not be liable for any loss or damage arising from late delivery. The Company may deliver Goods in separate instalments.

5.2 Client Responsibilities on Delivery

The Client is responsible for ensuring:

• Clear and safe access for delivery vehicles;
• A suitable unloading area at the Site;
• A responsible person is available on Site to accept delivery and sign delivery documentation.

Any person signing a delivery docket on the Client's behalf is deemed to have authority to accept the delivery. If delivery is delayed or disrupted due to the Client's act or omission, the Company may charge waiting time at $100 (inc. GST) per hour for semi-trailers or $85 (inc. GST) per hour for other vehicles, after the first hour. Additional charges apply for re-delivery and failed deliveries.

5.3 Storage

The first two (2) weeks of storage following notification that Goods are ready for despatch are complimentary. Thereafter, storage is charged at $15.00 per pallet per week (plus GST), plus handling and insurance costs. If the Client fails to take delivery within 60 days of being notified the Goods are ready, the Company may terminate the Order without liability to the Client.

5.4 Inspection and Acceptance

The Client must inspect all Goods upon delivery and notify the Company in writing within 2 business days of any visible damage, defect, shortage, or non-conformity with the Order. Failure to provide timely notification constitutes irrevocable acceptance of the Goods. The Client must not use Goods that appear defective and must allow the Company to inspect them prior to any return being considered.

 

6. Risk and Title

6.1 Risk

Risk in the Goods passes to the Client upon delivery to Site or collection from the Company's premises, whichever occurs first. The Client must insure Goods on or before delivery.

6.2 Title

Title in the Goods remains with the Company until full payment of all amounts owing has been received. Until title passes:

• The Client holds the Goods as bailee and must return them to the Company on request;
• The Client must not sell, dispose of, or encumber the Goods other than in the ordinary course of business;
• The Client holds the benefit of any insurance of the Goods on trust for the Company;
• The Company may enter any premises where it believes Goods are held to recover possession; and
• The Company may commence proceedings to recover the Price even before title has passed.

6.3 PPSA

The Client acknowledges that these Terms and Conditions constitute a security agreement under the Personal Property Securities Act 2009 (Cth) ("PPSA") and that the Company may register a security interest on the Personal Property Securities Register. The Client agrees to provide all information and assistance reasonably required by the Company to register and maintain that security interest. Sections 96, 115 and 125 of the PPSA do not apply to this security agreement. The Client waives its rights under sections 95, 118, 121(4), 130, 132(3)(d), 132(4), 142 and 143 of the PPSA to the extent permitted by law.

6.4 Charge Over Property

As security for the Client's payment obligations, the Client charges all of its interest in any land or assets owned by the Client, now or in the future. The Client irrevocably appoints the Company as its attorney to execute any documents necessary to give effect to this charge. The Client indemnifies the Company for all costs incurred in exercising rights under this clause.

 

7. Natural Stone – Product Characteristics

7.1 Natural Variation

The Client acknowledges that natural stone is a product of nature and that colour, veining, texture, pattern, finish, and dimensions will vary between individual pieces, slabs, batches, and quarry runs. Such variation is inherent in all natural stone products. The Company will use reasonable endeavours to match colour, texture and finish to any approved sample, but cannot guarantee exact matching between samples, display materials, previously installed stone, or different supply batches. Natural variation does not constitute a defect and does not entitle the Client to reject the Goods, claim a refund, or seek compensation.

7.2 Measurements and Quantities

It is the Client's responsibility to confirm on-site measurements before installation commences. Any measurements taken from plans or figures provided by the Client are approximate only and the Company takes no responsibility for their accuracy. The Company recommends the Client allow a standard industry waste factor (typically 10–15%) for cuts, breakages, and off-cuts. If the Client orders insufficient quantities, the Company takes no responsibility for colour variation between batches or any inability to supply matching stock.

7.3 Crazing, Cracking and Inherent Properties

Natural stone may be subject to crazing, cracking, chipping, scratching, efflorescence, or other naturally occurring characteristics. These are properties inherent in natural products and do not constitute defects where they arise from the nature of the material rather than the Company's workmanship. The Company recommends that appropriate sealing, treatment and maintenance be carried out by the Client following installation in accordance with the stone type.

7.4 Sealing

Unless expressly included in the Quote, sealing and post-installation protection of the Goods is the Client's responsibility. Any pre-sealing applied during installation is for construction protection only and is not a long-term sealer. The Client is responsible for all sealing and ongoing maintenance after handover.

7.5 Affixed Goods

The Company will not accept responsibility for Goods that have already been affixed, grouted, or incorporated into the works, except where a defect in the Company's workmanship is established within the Defects Liability Period.

 

8. Installation Services

8.1 Client Site Obligations

The Client is responsible for ensuring the Site is in a suitable condition prior to the Company's attendance, including:

• Safe and adequate access for the Company's personnel, vehicles and equipment;
• A structurally sound, level and clean substrate suitable for natural stone installation;
• Completion of all prior trades (waterproofing, rendering, screeding, tiling bed preparation) to an appropriate standard;
• Adequate power and water supply on Site where required; and
• Traffic and pedestrian control where required.

If the Site is not ready when the Company attends, the Company may charge a call-out fee and will reschedule installation at the Client's cost.

8.2 Substrate and Sub-Base

The Company installs natural stone onto surfaces prepared by others. The Company does not accept liability for installation failure, cracking, lippage, movement, hollow spots, or de-bonding caused by:

• An inadequate, non-compliant or unsuitable substrate or sub-base;
• Poor or non-compliant waterproofing;
• Structural movement, settlement or ground heave; or
• The acts or omissions of other trades.

Where the Company identifies a substrate concern prior to installation, it will notify the Client in writing. If the Client instructs the Company to proceed, the Company's warranty obligations in respect of those identified issues are voided.

8.3 Client-Supplied Information

The Client warrants that all information provided to the Company, including site measurements, plans, drawings and substrate specifications, is accurate and complete. The Company will not be liable for errors, defects or additional costs arising from inaccurate or incomplete client-supplied information.

8.4 Free Issue Materials

The Client may propose to supply Free Issue Materials for use by the Company. The Company may accept or reject such a proposal at its discretion. Where the Company accepts Free Issue Materials, the Client warrants those materials are in good condition, fit for purpose and free of defect. The Company accepts no liability for any part of the Deliverables undertaken using Free Issue Materials.

8.5 Site Variations

If conditions are discovered during installation that differ materially from those represented at the time of Quote (including hidden services, structural defects, non-compliant prior works, or unexpected substrate conditions), the Company will notify the Client, and any additional costs will be subject to a written Variation.

8.6 Practical Completion

Practical Completion occurs when installation is substantially complete, notwithstanding minor defects or omissions that do not materially affect use. Any minor defects noted at Practical Completion will be rectified by the Company within a reasonable time. Final payment is due at Practical Completion.

 

9. Civil Works

9.1 Scope

Where the Company performs civil works, including but not limited to excavation, site preparation, drainage, retaining walls, concrete works, paving, kerbing, or earthworks, these Terms and Conditions apply in full alongside any specific requirements in the Quote.

9.2 Underground Services

The Client is responsible for identifying and marking the location of all underground services (water, gas, electrical, telecommunications, stormwater, and any other services) prior to any excavation or groundworks. The Company will take reasonable precautions but is not liable for damage to unmarked or inaccurately marked services. The cost of repairing damage to such services will be borne by the Client.

9.3 Permits and Approvals

Unless expressly stated in the Quote, the Client is solely responsible for obtaining all required development consents, building approvals, council permits, road opening permits, and any other statutory or regulatory approvals before works commence. The Company will not be liable for delays or costs arising from the Client's failure to obtain required approvals. The Company may assist with documentation upon request at additional cost.

9.4 Soil and Unexpected Site Conditions

The Quote is based on normal soil and accessible site conditions. If unexpected conditions are encountered during works, including rock, contaminated soil, unstable fill, tree roots, high groundwater, or existing structures not previously disclosed, the Company will notify the Client in writing. Any additional works required will be subject to a written Variation before continuing.

9.5 Weather and Delays

Civil works may be delayed due to adverse weather, site conditions, or circumstances beyond the Company's reasonable control. The Company will notify the Client of any anticipated delays. No liability is accepted for delays caused by inclement weather, flooding, soil instability, or other environmental factors beyond the Company's control.

9.6 Client Responsibilities – Civil Works Sites

For civil works projects, the Client is responsible for:

• Traffic and pedestrian management and control at the Site;
• Government, authority or utility fees or charges payable in relation to the Site;
• Rubbish disposal unless expressly included in the Quote; and
• Any costs associated with the Client's failure to provide suitable site access or conditions.

 

10. Standard Exclusions

Unless expressly stated as included in the Quote, the following items and works are excluded from the scope of all Agreements and will not be performed or supplied by the Company. Any such items required will be the responsibility of others or subject to a separate written Quote and Variation:

10.1 Works by Others

The Company's scope is limited to the works expressly described in the Quote. All ancillary, associated or enabling works not specifically included in the Quote are excluded and are the responsibility of the Client or other trades. This includes, without limitation, any design, engineering, authority approvals, specialist trade works, enabling works, and any items listed as 'by others' or 'excluded' in the Quote. The Client is responsible for coordinating and ensuring the completion of all works by others to a standard suitable for the Company to carry out its scope.

10.2 Working Hours

The Company will carry out all works during standard business hours unless otherwise agreed in writing at the time of Quote. Works required outside standard business hours, including after-hours works, night works, weekend works (where not standard for the project), or works subject to special access restrictions, are excluded from the Price and will be subject to a written Variation. Where works are to be carried out in stages, the number of included stages will be specified in the Quote. Any additional stages or mobilisations beyond those stated will incur separate establishment charges, subject to a written Variation.

10.3 Site Facilities

The Company's Price allows for the free use of power, water and bathroom facilities on Site, provided by the Client or the principal contractor. The Client must ensure these facilities are available and accessible to the Company's personnel throughout the works. If these facilities are not available, the Company may charge for any additional costs incurred.

10.4 Rubbish Disposal

The Company will dispose of all rubbish and paving offcuts generated by its works into bins provided by the builder or Client on Site. The provision of suitable bins is the Client's responsibility. Rubbish disposal beyond this, including removal of existing materials, demolition waste, or materials not generated by the Company's works, is excluded unless expressly included in the Quote.

10.5 Mortar Bedding and Grout

All mortar bedding and grout are mixed to an industry standard ratio of 4:1 (sand:cement) unless otherwise specified in writing in the Quote. Variations to the standard mix, including the use of specialist admixes, polymers, or manufacturer-specified mixes, are excluded unless expressly stated in the Quote.

10.6 Efflorescence

Efflorescence is a naturally occurring phenomenon in cement-based products and natural stone whereby soluble salts migrate to the surface, resulting in white or pale deposits. Efflorescence is not a defect in materials or workmanship. The Company takes no responsibility for the occurrence of efflorescence. No allowance is made in the Price for efflock or other efflorescence treatment products unless expressly included in the Quote.

10.7 Colour Variation

Natural variation in colour, shade, texture, veining and pattern is inherent in all natural stone and kiln-fired products. The Company will not be held responsible for naturally occurring colour or texture variations between individual pieces, batches, or supply runs. This applies regardless of whether variations occur between the supplied product and any sample, display, or previously installed stone.

10.8 Scope Variations

Any variation in scope from what is stated in the Quote will be assessed and invoiced accordingly by way of a written Variation order. Works outside the agreed scope will not be undertaken without prior written agreement on cost and programme.

 

11. Warranty

11.1 Installation Warranty – 12 Months

The Company provides a 12-month warranty on installation workmanship from the date of Practical Completion. This warranty covers defects in the Company's installation workmanship, including stone becoming loose, incorrectly set, or failing to adhere as a direct result of the Company's installation method.

11.2 Warranty Exclusions

The installation warranty does not apply to defects or damage caused by or arising from:

• Natural variation in stone colour, veining, texture, or pattern;
• Inadequate, non-compliant or unsuitable substrate, waterproofing or sub-base prepared by parties other than the Company;
• Structural movement, settlement, ground heave or ground conditions beyond the Company's control;
• Use of the installed stone inconsistent with its intended purpose or the manufacturer's care recommendations;
• Client or third-party interference, modification, or maintenance using unsuitable products or methods;
• Force Majeure Events, including flooding, storm, or other acts of nature;
• Efflorescence, staining, discolouration, or surface wear caused by external factors;
• Grouting, sealing or protective treatment performed by the Client or third parties after Practical Completion;
• Failure by the Client to follow the Company's care and maintenance recommendations; or
• Fair wear and tear.

11.3 Goods Warranty

Natural stone and materials are supplied without express warranty beyond what is required under the ACL. Natural stone is not warranted to be free from inherent variations, inclusions, fissures, or other characteristics that are part of its natural composition.

11.4 Defects Notification

The Client must notify the Company in writing of any alleged defect within the Defects Liability Period. The Company is not required to rectify any defect first notified after expiry of the Defects Liability Period, and the Client releases the Company from all liability for such defects. The Client must provide suitable Site access to allow the Company to carry out rectification works.

11.5 Defects Remedies

Where the Company agrees a defect falls within the warranty, its liability is limited to one of the following at its discretion: replacement of the defective Goods; supply of equivalent Goods; repair of the Goods; or payment of the reasonable cost of repair. Non-conformity of part of the Deliverables does not entitle the Client to reject any other part of the Deliverables.

11.6 Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy the Client may have under the ACL, including statutory guarantees as to acceptable quality and fitness for purpose. For consumers under the ACL, the Company's liability for breach of implied conditions or warranties is limited to the extent permitted by section 64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth). Where required by law to accept a return, the Company will do so only on the terms required by that law.

 

12. Returns

Returns will only be accepted where:

• The Client has complied with the inspection and notification obligations in clause 5.4;
• The Company has agreed in writing that the Goods are defective; and
• The Goods are returned within a reasonable time, in as close a condition to delivery as possible.

Non-defective Goods may be accepted for return at the Company's absolute discretion, subject to a handling fee of up to 30% of the value of the returned Goods plus any freight costs. Returns will not be accepted after 30 days from the date of purchase. Goods cannot otherwise be refunded or exchanged for credit notes.

 

13. Insurance

Where the Company performs works at a Site, the Client must, prior to commencement, effect and maintain:

• Contract works insurance: minimum $10,000,000;
• Public liability insurance: minimum $10,000,000; and
• Workers compensation insurance: current certificate of currency.

The Client must produce evidence of the above insurances on request. The Client must ensure that the works and public liability insurances extend to cover the interests of the Company and its contractors, employees, agents and officers. While the Company will hold its own appropriate insurances for its personnel and activities, the Client bears responsibility for insurances relating to the overall project and Site.

 

14. Limitation of Liability

To the maximum extent permitted by law:

• The Company's total liability to the Client for any claim arising out of or in connection with an Agreement (whether in contract, tort, negligence, breach of statutory duty or otherwise) is limited to the total amount paid by the Client for the specific Deliverables giving rise to the claim, or 10% of the Price, whichever is greater.
• The Company is not liable for any indirect, consequential, incidental, special or economic loss or damage, including loss of profit, loss of use, loss of revenue, or loss of opportunity, whether or not the Company was advised of the possibility of such loss.
• The Company is not liable for delays or losses caused by Force Majeure Events, third-party suppliers, sub-contractors, government approvals, or circumstances beyond its reasonable control.
• The Company is not liable for loss or damage arising from design deficiencies where design was not expressly included in the Quote.

These limitations do not apply to liability that cannot lawfully be excluded or limited under the ACL or any other applicable legislation.

 

15. Cancellation and Termination

15.1 Cancellation by Client

If the Client cancels an Order after it has been accepted, the Client is liable for all losses incurred by the Company as a direct result of the cancellation, including but not limited to material costs, labour costs, lost profit, and restocking fees. Orders for custom or non-standard Goods that have commenced production or been ordered from a third party cannot be cancelled.

15.2 Suspension or Termination by Company

The Company may suspend or terminate the supply of Deliverables by written notice to the Client if:

• The Client is in breach of any payment obligation and fails to remedy the breach within 5 business days of written notice;
• The Client fails to take delivery of Goods within 60 days of being notified they are ready;
• An Insolvency Event occurs in relation to the Client; or
• The Company's supply is delayed, disrupted or materially affected by a Force Majeure Event.

Termination does not affect any accrued rights or remedies of the Company.

15.3 Cancellation by Company

The Company may cancel any Order before Goods are delivered by giving written notice to the Client. In such case, any deposit or payment made for undelivered Goods will be refunded to the Client. The Company will not be liable for any further loss or damage arising from such cancellation.

 

16. Dispute Resolution

If a dispute arises, the party raising the dispute must send a written notice adequately identifying and describing the dispute. Within 14 days of service of that notice, the parties must confer at least once, with each party represented by a person with authority to resolve the dispute. If the dispute is not resolved within 20 business days of the notice being served, either party may refer the matter to arbitration before a single arbitrator nominated by the President of the Institute of Arbitrators Australia, conducted in accordance with the Institute's Commercial Arbitration Rules. Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court. To the extent the Security of Payment Act applies, its provisions prevail over this clause to the extent of any inconsistency.

 

17. Privacy

The Company collects personal information from the Client for the purpose of providing Goods and Services, processing payments, assessing creditworthiness, and recovering outstanding amounts. The Company may obtain a credit report from a credit reporting body and may exchange credit information with other credit providers in accordance with the Privacy Act 1988 (Cth). The Client consents to this use of their personal information. The Client may request access to, or correction of, their personal information by contacting the Company. Privacy complaints may be directed to the Office of the Australian Information Commissioner at www.oaic.gov.au. The Company will retain personal information only as long as necessary to fulfil its legal obligations.

 

18. Intellectual Property

All designs, drawings, plans, documents and specifications created by the Company in connection with the Deliverables remain the property of the Company. They may not be reproduced or used without the Company's express written consent. The Client warrants that any designs or specifications it provides to the Company do not infringe any third-party intellectual property rights and indemnifies the Company against any claim arising from such infringement. The Client consents to the Company using photographs of completed works for marketing purposes, subject to reasonable prior notice.

 

19. Change in Control

The Client must give the Company not less than 14 days' prior written notice of any proposed change in ownership or control of the Client, or any material change to the Client's details including name, address, contact information, or business structure. The Client is liable for any loss incurred by the Company resulting from failure to comply with this clause.

 

20. General Provisions

20.1 Governing Law

These Terms and Conditions and all Agreements are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

20.2 Notices

Written notices may be given by personal delivery, post to the last known address, email to the last known email address, or facsimile. A posted notice is deemed received at the time it would ordinarily be delivered in the course of post.

20.3 Waiver and Severability

Failure by either party to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or affect that party's right to enforce it subsequently. If any provision is held to be invalid, void or unenforceable, the remaining provisions continue in full force and effect.

20.4 Force Majeure

Neither party is liable for any default or delay due to a Force Majeure Event. The affected party must notify the other as soon as practicable and use reasonable endeavours to minimise the impact of the event.

20.5 Assignment and Sub-contracting

The Client must not assign or sub-contract any of its rights or obligations without the Company's prior written consent. The Company may sub-contract any part of the supply of Deliverables at its discretion.

20.6 Amendment

The Company may amend these Terms and Conditions by providing written notice to the Client. Changes take effect from the date the Client accepts the amended terms or places a further order, whichever occurs first.

20.7 Entire Agreement

These Terms and Conditions, together with the applicable Quote and any written Variations, constitute the entire agreement between the parties in relation to the Deliverables and supersede all prior negotiations, representations and agreements. No term or condition in the Client's purchase orders or other documents will amend or add to these Terms and Conditions unless expressly agreed in writing by an authorised representative of the Company.

20.8 Authority

Both parties warrant that they have full power and authority to enter into the Agreement and have obtained all necessary authorisations. Neither party is insolvent at the time of entering into the Agreement.

20.9 No Fiduciary Relationship

Nothing in these Terms and Conditions creates a joint venture, agency, partnership, trust or any other fiduciary relationship between the Company and the Client.

 

 

Civilworks Aus Group Pty Ltd (Trading as Civilworks Australia Group)   |   ABN 14 671 312 833

These Terms and Conditions do not constitute legal advice. For specific legal guidance, consult a qualified solicitor.