TERMS AND CONDITIONS
By making a purchase with Fracks Pty Ltd (“Fracks”) you agree to these Terms and Conditions.
TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
• Subject to paragraphs 1, 2, 3 and 4, all prices quoted are based on work specified in a quote (either written or
verbal or verbal instructions given at time of order). Quotes are valid for a period of 30 days from their date.
Quotes will be deemed accepted upon the Customer making an Order either written or otherwise.
• Prices quoted are based on the current cost, (materials, labour etc) and are subject to amendment by Fracks Pty
Ltd before or after acceptance of the quotation to meet a variation in the cost the date of quotation and the date
of execution of the order, provided there is no unreasonable delay on the part of Fracks Pty Ltd.
• Downtime caused by customer or specifically required by customer will incur additional charges.
2. Customers Instructions
• Fracks Pty Ltd shall only be required to fulfil the instructions specified in the quote. Fracks Pty Ltd shall not be
responsible for errors or omissions due to misinterpretation of verbal instructions.
• The cost of additions or alterations to any quote submitted to a customer will be added to the price.
• Purchase orders/ purchase order numbers are not a mandatory requirement by Fracks to supply goods or
services. If a purchase order/ purchase order number is a mandatory requirement of the customer, the customer
shall supply at time of placing order a purchase order/ purchase order number. Failure to pay invoice by a
customer caused by the customer not supplying a purchase order/ purchase order number is not permitted under
these terms and conditions of Business. Purchase orders must detail description of goods or services to be
supplied by Fracks.
3. Expedited Delivery
• Customer acknowledges that a requirement for urgent delivery of services increases the likelihood of defects.
Fracks Pty Ltd will use reasonable efforts to avoid defects but will not be liable for defects arising because of
• The price will be increased to cover overtime work or other additional costs incurred as a result of any
requirement for urgent delivery of services.
4. Outside Work
• If Fracks Pty Ltd is required to obtain goods and/or services not normally stocked or supplied by Fracks Pty Ltd
from a third party in order to carry out the customer’s instructions:
a) Fracks Pty Ltd acquires these goods and/or services as agent for the customer and not as principal. It will have
no liability to the customer in relation to the supply of those goods and/or services. Any claim by the customer in
relation to the supply of those goods and/or services must be made directly against the third-party supplier.
b) The customer must pay for such goods and/or services.
c) Any such goods are obtained on the basis that title in those goods passes to Fracks Pty Ltd when the goods are
incorporated into the work done by Fracks Pty Ltd.
5. Suspension of Work
• The suspension by the customer of any work, for any reason whatsoever, for a period of thirty (30) days,
entitles Fracks Pty Ltd to payment in full for the work completed up to the suspension date.
6. Cancelled Orders
• Orders cannot be cancelled except upon terms, which compensate Fracks Pty Ltd for all work done, materials
used or specially acquired to complete the order, to the date of the cancellation.
• Non- Account customers- are required to pre- pay invoices prior to works being carried out. Fracks will issue an
invoice prior to works being carried out. All Invoices shall be paid prior to work commencing unless prior
arrangements are agreed with Fracks Pty Ltd.
• Account customers- On completion of works Fracks will issue an invoice. All Invoices shall be paid within 30 days
unless prior arrangements are agreed with Fracks Pty Ltd.
• Fracks may withhold inspection results, inspection documentation or other documentation at our discretion
until payment is made in full
• Fracks Pty Ltd may at its option charge interest on amounts not paid when due, such interest is to be calculated
on a daily basis from the date any such amount should have been paid until the date of payment as a genuine
assessment of the damages which Fracks Pty Ltd suffer.
• Fracks may at our discretion add an additional 10% surcharge to future invoices for late payments made.
• If the customer fails to pay when due, Fracks Pty Ltd may contract with third parties to recover such payment,
Fracks Pty Ltd will be entitled to recover costs paid to such third party in addition to any other monies payable
under these terms.
8. Warranties and Conditions
• Unless expressly set out herein, all implied warranties and conditions in relation to any supply by Fracks Pty Ltd
are expressly excluded (unless such warranties cannot at law be excluded).
• The goods are at the risk of Fracks Pty Ltd until delivered to the customer by Fracks Pty Ltd at its premises.
• Fracks Pty Ltd shall not be liable for insurance, freight or loss or damage to goods in transit incurred in delivery.
• To the fullest extent permitted by law, except as provided herein, Fracks Pty Ltd shall not be liable to the
customer in contract or tort for any loss or damage or for consequential loss or damage of any kind arising out of
the supply of the goods and/or services, or arising out of Fracks Pty Ltd negligence, or in any way whatsoever.
• Fracks Pty Ltd acknowledges liability for implied warranties under Trade Practices Act 1974, (the Act) provided that liability for a breach of a condition or warranty implied by Division 2 of Part V of the Act (other than section
69) is hereby limited to:
1. In the case of goods, any one or more of the following:
a) The replacement of the goods or the supply of equivalent goods;
b) The repair of the goods;
c) The payment of the cost of replacing the goods or of acquiring equivalent goods;
d) The payment of the cost of having the goods repaired; or
2. In the case of services:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again.
• Fracks Pty Ltd will not be liable to the customer for loss, however caused, of any data stored on disks, tapes,
compact disks or other media supplied by the customer to Fracks Pty Ltd or for any damage, loss or destruction of
any property of the customer unless the loss or damage has been caused by the failure of Fracks Inspections Pty
Ltd to exercise due care and skill in handling or storing such property.
• Fracks Pty Ltd will not be liable for any loss, damage or expense suffered or incurred by the customer where such loss is occasioned by any cause beyond Fracks Pty Ltd reasonable control, including and without limiting the generality of the foregoing by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, the inability or failure of a supplier to supply necessary materials, or prohibitions or other action by any government or semi-government authority, or embargoes.
• The delivery terms are estimates only. Fracks Pty Ltd will not be liable for any loss, damage or delay suffered by the customer because of late or non-delivery of goods or services.
• The customer must inspect goods or services supplied by Fracks Pty Ltd within 14 days from delivery. Any claims against Fracks Pty Ltd must be in writing within such fourteen (14) days. No claims shall be made by the customer beyond this period.
• Until the customer has paid all sums outstanding for the goods supplied, title to the goods shall not pass from Fracks Pty Ltd to the customer.
• If the customer has not paid all sums outstanding in relation to the goods, the customer must forthwith return the goods to Fracks Pty Ltd if so, directed by Fracks Pty Ltd.
• Copyright in all artistic and literary works authored by Fracks Pty Ltd shall remain the property of Fracks Pty Ltd unless there is a written agreement to the contrary.
• The Customer indemnifies and agrees to keep Fracks Pty Ltd indemnified against all liability, losses or expenses incurred by Fracks Pty Ltd in any way directly or indirectly connected with any breach of copyright in materials
supplied by the customer.
• Conditional upon receipt of payment in full for the work performed by Fracks Pty Ltd, Fracks Pty Ltd grants to the customer a non-exclusive license to use the copyright in works created by Fracks Pty Ltd for the purposes of the Order.
• The customer must keep confidential and must not (without Fracks Pty Ltd written consent) use any ideas, systems or processes communicated or made available by Fracks Pty Ltd to the customer.
Fracks Pty Ltd must keep confidential and must not (without the written consent of the customer, disclose any information to any 3rd party except as where required by legislation.
15. Electronic Media
• All Disks, tapes, compact disks or other media (other than the media supplied by the customer) used by Fracks Pty Ltd to store data for the purposes of completing the Order are the property of Fracks Pty Ltd. The customer cannot require Fracks Pty Ltd to supply to the customer any such data. Fracks Pty Ltd may charge the customer for supplying such data where it chooses to supply such data to the customer.
16. Goods and Services Tax
• The customer will be liable for any goods and services tax payable on the supply of goods and/or services by Fracks Pty Ltd to the customer.
17. Acceptance of Terms and Conditions of Business
Completion of Fracks Application for Commercial credit application and/ or placement of order whether verbal or written by a customer is deemed acceptance of Fracks Terms and Conditions of Business.