Estimates

 4.6    Payment of the Price will be as stated on the invoice or any other form provided by CW Mechanical to the Customer. If no time for payment of the Price is stated then payment of the Price will be twenty-one (21) days following the date of the relevant invoice or statement (as the case may be) unless some other time is otherwise agreed to in writing before the issue of the invoice. 4.7 Payment of the Price must be made by cash, personal cheque, bank cheque, credit card, direct credit, or by any other method as agreed to between the Customer and CW Mechanical.  Any payment of the Price by credit card may incur a surcharge of up to three percent (3%) of the Price. 4.8    Unless otherwise stated, GST, federal taxes, local taxes and other taxes, imposts and duties that may be applicable to the supply of the Goods by CW Mechanical will be added to the Price and invoiced with the Order or may be invoiced separately with the Order or at some other time. 4.9 CW Mechanical shall charge any sales tax applicable to the Goods to the Customer, unless a signed sales tax exemption form is receved in the approved manner prescribed by the Australian Taxation Office (Exemption).  The Exemption must be received before CW Mechanical issues the Order Confirmation. 4.10 Prices may be varied without notice to the Customer at any time. 
5.Delivery of Goods & Inspection 5.1 The Customer acknowledges that Orders of Goods are subject to the lead times determined by manufacturing, packaging and delivery and other conditions, many of which are outside the control of CW Mechanical. 5.2 The Customer acknowledges that the Delivery Date specified on the Order Confirmation is an estimate only.  Delivery in all circumstances occur during 9am to 4.30pm Monday to Friday.  Delivery outside of these times and days are at the cost of the Customer. 5.3    At CW Mechanical’s sole discretion, delivery of the Goods is deemed to have taken place when: 5.3.1 the Goods are delivered to the Customer’s address as specified in the Order (in the event that the Goods are delivered by CW Mechanical or CW Mechanical’s nominated carrier); or        5.3.2      the Customer’s nominated carrier takes possession of the Goods in which event the carrier will be deemed to be the Customer’s agent. 5.4    The cost of delivery of the Goods will be either: 5.4.1                  included in the Price; or 5.4.2         in addition to the Price;  and will be advised to the Customer prior to delivery of any Goods. 5.5    The Customer is liable to pay CW Mechanical for the costs of any special packing or packing materials used for the Goods. 5.6 The Customer will make all arrangements necessary to take delivery of the Goods on the day and time nominated by CW Mechanical. In the event that the Customer is unable to take delivery of the Goods at the nominated day and time or in the event that there is a delay in the delivery of the Goods: 5.6.1 the Customer acknowledges and agrees that the quality and standard of the Goods may be affected or diminished and CW Mechanical accepts no responsibility for the same; and        5.6.2      CW Mechanical will be entitled to charge a reasonable fee for redelivery of the Goods; and        5.6.3      the late delivery will not relieve the Customer of its obligations to accept delivery of the Goods. 5.7 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms & Conditions. 5.8 CW Mechanical may, in its sole discretion, deliver the Goods by partial deliveries or separate installments in any amounts it determines. Each separate installment will be invoiced by CW Mechanical and paid by the Customer in accordance with these Terms & Conditions and each separate installment will be a separate contract to which these Terms & Conditions apply. 5.9 The Customer will take delivery of the Goods notwithstanding that the quantity so delivered may be either greater or lesser than the Order Confirmation provided that:        5.9.1      such discrepancy in quantity does not exceed five percent (5%); and        5.9.2      the Price is adjusted pro rata to the extent of the discrepancy. 5.10 Where the Customer expressly requests CW Mechanical to either deliver the Goods to an unattended location, such Goods are at the Customer’s sole risk.  5.11 Any failure or delay in delivery of the Goods by CW Mechanical will not entitle either party to treat the Terms & Conditions as repudiated. 5.12 CW Mechanical will not be liable for any Loss whatsoever due to any failure by CW Mechanical to deliver the Goods (or any part of them) promptly or at all, where such failure is due to circumstances beyond the control of CW Mechanical. 5.13 In the event that an event outside the reasonable control of CW Mechanical delays the production of the Goods resulting in CW Mechanical being unable to fulfill the Order, CW Mechanical may cancel the Order without any liability to the Customer save CW Mechanical’s obligation to return to the Customer any money received by CW Mechanical for that Order at that time. 5.14 Under no circumstances shall CW Mechanical be liable to the Customer or any other person for any Loss and whether arisiging out of breach of waranty, breach of contract, negligence or otherwise arising from late or non-delivery of the Goods. 5.15 It is the responsibility of the Customer to inspect the goods and satisfy itself as to the condition, quality and fitness for purpose of the Goods prior to use, sale or re-sale at the time the Goods are delivered.  If the Customer fails to inspect the Goods, the Customer is not entiteled to make any claim for the return of the Goods. 5.16 The Customer will provide CW Mechanical’s nominated deliver with adequate and safe entry and access to the place for delivery.  CW Mechanical is not liable for any loss or damage arising out of any failure or delay in providing access necessary for supply and delivery of the Goods. 5.17 If:        5.17.1    the Customer extends any delivery date beyond the relevant target delivery; or 5.17.2                delivery instructions are not proved by the Customer within 7 days of a written request by CW Mechanical for such instructions,  CW Mecahnical reserves the right to:        5.17.3    charge a reasonable fee for storage; and/or        5.17.4    require the Customer to pay the invoice for the Goods prior to the Goods leaving CW Mechanical. 5.18 CW Mechanical may charge the storage fee from the first day after CW Mechanical requests the Customer to provide delivery instructions.
6.Customer Documents 6.1 If the Customer submits documents, drawings or specifications (Documents) to CW Mechanical in connection with the supply CW Mechanical is entitled to rely on the Documents but CW Mechanical is under no duty to: 6.1.1                  inspect the documents or check them for errors or omissions; or 6.1.2              notify the Customer of any error or omission in the Documents. 6.2    CW Mechanical will not be liable to the Customer for failing to detect errors, omissions or non-compliances in the Documents. 6.3    The receipt, review or comment on any Documents submitted by the Customer will not relieve the Customer from responisibi8lity for its own errors or omissions in the Documents. 6.4 CW Mechanical is not liable for and the Customer releases CW Mechanical from any claims in respect of faulty or defective design of the Goods supplied.
7.Sub-contracting
T&Cs Page 2 of 5