MELBOURNE SPECTRUM PAINTINGS

DEFINITIONS

So long as below mentioned terms require circumstance in another way:-

Additional Charges are the charges which are distinct from the Price and may include without any limitation to transport access and equipment hire costs.

Contract.-It means that contract is formed due to the acceptance of an Order by Melbourne Spectrum Painting. It also includes below mention Terms and the Quote.

Confidential Information

  • is the information that is confidential through its nature
  • is destined by the parties as confidential
  • the parties either knows or ought to know is confidential

It includes all the information about the Melbourne Spectrum Painting and its associated bodies such as corporate, including but not restricted to technical, financial, commercial or any other information mentioned in any form related to them or their business matters which are either available or identified during the period of this contract but do not include any information mentioned in the public domain during the period of disclosure. (For example: as a document or in electronic form

CLAIMS-It indicates actual, contingent, present or future claim, demand, action, suit or procedure of any liability, restitution, equitable compensation, account, and injunctive relief. It also mentions specific performance or any other remedy of any nature and arising either direct or indirect or either mentioned in the contract (including but not limited to negligence or otherwise

Customer Guarantees is the assured guarantee mentioned in the Australian Consumer Law and schedule 2 of the Competition and Consumer Act 2010

Customers-It implies the customer laid down in the quote, offers or documents offered by Melbourne Spectrum Painting (due to the lack of the information motioned about the customers who placed the orders.)

Delivery Date– It indicated the date laid down in the quote or the dates agreed by the parties in writing.

Invoice-It indicates the tax invoice issued through Melbourne Spectrum Painting to the Customer determining the price and the ancillary cost payable by the Customer to Melbourne Spectrum Painting for the Services

Insolvency Event-It indicates any of the below mention equivalent events:-

  • Being an individual, the customer commits or any act of bankruptcy;
  • A party gets insolvent
  • A party either discard whole or partial of its assets, operations or business differs from its normal activities
  • The customers could not able to pay its debts to Melbourne Spectrum Painting which turns out the overdue of debt
  • Any step initiated by the mortgagee to acquire or discard the whole or any parts of the party’s assets, operations or business
  • Any step initiated to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or partial of any party’s assets, operations or business

Intellectual Property- It is the property of Melbourne Spectrum Painting’s and its Related Bodies Corporate present and future patent and patent applications; rights to inventions; copyright and related rights; trademarks; service marks; trade names; domain names and URLs. Goodwill rights or to appeal for sending rights in designs; registered designs; rights in computer software; database rights; rights in Confidential Information(including know-how and trade secrets) or any other intellectual property rights. These rights may either be registered or unregistered

Liability-It indicates any loss, cost, payment, damages, debt or expense (including but not restricted to moderate legal fees).

Order-It means any verbal or written order given by the customers to

Melbourne Spectrum Painting related to the Goods or Services.

Price-It implies the price payable concerning the services mentioned in the quote or invoice issued by Melbourne Spectrum Painting

Related Bodies Corporate-It indicates the related bodies corporate stated by the

Corporations Act 2001

Scope of Works-it implies the project in which Melbourne Spectrum Painting is engaged in order to execute the services laid down in the quote.

Quote-It indicates the quote given to customers by the Melbourne Spectrum Painting for the provision of the services.

Services-It indicates the services which are detailed in the quote delivered to the customer by Melbourne Spectrum Painting

Terms-It indicates the terms and conditions of sale

Work Site-It indicates the customer’s area where the range of the work will be executed and the services laid down in the quote.

GENERAL

These terms are mainly applied to the sale of Goods and Services made by Melbourne Spectrum Painting to the Customer following the exclusion of all other terms and conditions of Melbourne Spectrum Painting.

2.2.        Melbourne Spectrum Painting will not deliver Goods and Services on any other terms or conditions which are not set forth in these documents

Acceptance of terms and placement of orders

The Customer is found to have agreed to these Terms by:

  • signing and reverting back a copy of these Terms;
  • Affirming the Quote verbally or in writing
  • Delivering guidelines to Melbourne Spectrum Painting with respect to the provision of the Goods and Services.

3.2.      The Melbourne Spectrum Painting will supply the Goods and/or Services to the Customer if the customers accept an order specified in clause 3 and also the customers will deposit the cost to Melbourne Spectrum Painting mentioned on the invoice in conformity with the terms of the Contract

3.3.       The Customer must deposit any amount to the Melbourne Spectrum Painting linked with the Customer and intending to cancel the Contract. It also includes any costs of the Services which are not yet delivered and calculated on a pro-rata basis and also the costs for paint ordered and linked with administration and management costs.

3.4.       Melbourne Spectrum Painting may call off any Contract any time just before the provision of the Services made without any liability except restoring any amount of the Price paid by the Customer prior cancellation.

SERVICES

4.1         The Melbourne Spectrum Painting will deliver services to the customers

4.2.       Melbourne Spectrum Painting will carry out moderate care, skill, and ability while performing the Services.

4.3.      While delivering the Services, Melbourne Spectrum Painting will:

  • not be accountable for any documentations of the designs prepared by a third party; and
  • Executing the services by the Delivery Dates.

4.4.       The Delivery Dates are liable to the Customer offering Melbourne Spectrum Painting coupled with all the related information, documentation, approvals, licenses, material and access to the Work Site in order to allow Melbourne Spectrum Painting to perform the Services.

4.5.       If the Work Scope demands the Services to be performed outside then in this case the delivery dates will be liable to the weather. Melbourne Spectrum Painting will not be subjected to any delay of the Delivery Dates due to the weather

CLIENT’S RESPONSIBILITY AND ASSURANCE

The customers should:-

  • Deliver every resource to the Melbourne Spectrum Painting including but not limited to information, documentation, approvals, and license, to the premises so that Melbourne Spectrum Painting can perform the Services [unless otherwise mentioned  in the quote]
  • Assures that Melbourne Spectrum Painting can distinctly and freely access to the workplace every time in order to enable them to process with service.
  • The Customers must assure that it has acquired the appropriate authority for Melbourne Spectrum Painting to execute the Services at the workplace, including but not limited to, the Customer assures that authorities will be obtained from the nearby workers/tenants/public in accordance to the fire services, the paint fumes and that the smoke detectors, alarms, and air conditioners are in desirable working condition.
  • Makes every effort to assure that there will not be any  circumstances which may affect Grange Bank’s capability to deliver the Services;
  • Deliver details to the Melbourne Spectrum Painting of any desired specifications or properties of the Services during the time Customer deliver an Order to Melbourne Spectrum Painting;
  • Should assure that the specifications or properties of the Services mentioned in any Order by the Customer will be suitable and desired subject matter of the Services.

5.2.      .The customers assure that the important resource and information delivered by Melbourne Spectrum Painting should be accurate and updated to the best of its knowledge

5.3.       Melbourne Spectrum Painting is eligible to depend on the Customers warranties mentioned in this clause 4

5.4.       If you suspect any errors, specifications and other necessary information delivered by the customers to Melbourne Spectrum Painting as mentioned in this clause 4. In such case, Melbourne Spectrum Painting will be eligible to alter the price

5.5.      The customers should deliver and maintain all important insurance during the period of contract

PRICE AND PAYMENT TERMS

6.1         The Customer must deposit the Fees and the Reimbursable Expenses as mentioned in the Invoice and within 7 days of the date of the invoice [or as otherwise agreed between the parties].

6.2  If the Melbourne Spectrum Painting asks for 20% deposit [or as otherwise agreed] of the Price to be paid before initiating the Services (Deposit). Services will not be delivered to Melbourne Spectrum Painting until they receive the deposits.

6.3.      With respect to progress claim and reserve the right to invoice monthly irrespective of quote/terms

 

6.4.       If the Customer could not able to make payment of any amount of the Price on the due date, Melbourne Spectrum Painting may discontinue its Service. In such case, the Customer is obliged to  pay the  interest on the full amount outstanding at the rate equal to 4% or higher than the penalty interest rate fixed by the Attorney-General of Victoria pursuant or s2(1) of the Penalty Interest Rate Act 1983 (Vic), calculated monthly for the period from the due date until payment is received.

 

6.5.      .The customer is obliged to repay back the whole amount associated with any bank or other fees linked with any dishonored payments or cheques and any legal, debt recovery or other expense linked with any action made by Melbourne Spectrum Painting in order to recover money from the Customer

6.6.       The customer endorses that it must deposit any expenses, fees, and disbursements incurred by Melbourne Spectrum Painting on-demand with an attempt to recover any amount owing to it by the Customer, including any moderate debt collection agency fees and legal expenses and any costs incurred by Melbourne Spectrum Painting in accordance of any Order canceled by the Customer.

6.7.       The Customer may not broadcast, make deductions from, or set forth payment of any of the Price due to Melbourne Spectrum Painting due  to any reason

6.8.       Melbourne Spectrum Painting may include additional charges to the price which Melbourne Spectrum Painting informs to the customers timely.

VARIATIONS TO THE SERVICES

If the customers get a delay in the performance of the Service without delivering the prior written notice to the Melbourne Spectrum Painting, then in such case Melbourne Spectrum Painting may include additional cost to the price incurred by Melbourne Spectrum Painting or the provision of the Services

7.2.      If the customers desire to alter the orders for the services or the scope of the work, it should inform those changes in written to Melbourne Spectrum Painting and if such changes lead additional work or time required by Melbourne Spectrum Painting, then in such case, Melbourne Spectrum Painting may alter the Price in order to include any additional costs incurred by Melbourne Spectrum Painting due to those changes

FORCE MAJEURE

8.1         Melbourne Spectrum Painting will not be subjected to customers on account of any failure to perform or overdue to perform Grange Bank’s obligations under this Contract if the failure or delay caused by an  act of war revolution or terrorism, an act of God, or any other event above and beyond the control of Melbourne Spectrum Painting. If this fails or persisted for 30 days then in such case  Melbourne Spectrum Painting may exit from this Contract by depositing written notice.

8.2         The above clause 8 is not bounded to make any payment under the contract

LIABILITY

9.1         Melbourne Spectrum Painting will not be subjected to the Customer or any other person for any Liability or Claim of each type whether it be arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) related  to any indirect consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other long way abnormal or unforeseeable loss with or without the  appropriate  consideration of the parties.

 

  • Melbourne Spectrum Painting will not be subjected to:-
  • Any ongoing  paintwork on the workplace and  the paintwork is linked with the  paintwork offered by the Melbourne Spectrum Painting and retains moderated Melbourne Spectrum Painting’s paint;
  • Any loss or damage at the workplace such as damage to pathways, buildings, driveways or grass areas.

DEFECTS

10.1      The customers should immediately provide written notice to the Melbourne Spectrum Painting if they find any defects or faults in the Services or any inexperienced workers carrying out the services within seven (7) days of the Completion of the Services.

10.2.     After the written notice delivered by the customers, the customers should permit Melbourne Spectrum Painting to investigate the workplace and review the services.

  • Based on the Consumer Guarantees, Melbourne Spectrum Painting will not be responsible for any defect or damage which may be majorly or partly arise due to the following reason:-
  • The customer fails to maintain the workplace appropriately
  • The customer utilises the workplace for the reason different from the one it was designed
  • The customer is continually utilising the workplace either after the defects became manifested or should have been manifested
  • Either the customer or any third party interfered in the services without any written approval by the Grange’s bank.
  • The customer fails to follow instructions or guidelines delivered by Melbourne Spectrum Painting;
  • Passable wear and tear, accident, or compelled major occurrence of any event as laid down in clause 8 of this Contract.
  • Colour variations, texture, surface and painting finishing may take place due to the surface texture of the material or gloss levels and lighting. Melbourne Spectrum Painting does not assure that paint order will be similar to the samples. Melbourne Spectrum Painting does not take any authority for nay variations made in the paint offered and will not accept any defects or faults due to the natural variations in the paint.

10.5 Nothing in clause 10 shall exempt the Customer’s payment obligations under clause 6.

INDEMNIFY

 

The customer confesses to indemnify Melbourne Spectrum Painting against any Liability takes place due to the Customer’s breach of the Contract or its use of the working including

Without limitation, damages due to negligence, mistake, omission or failure of performance, whether or not take place because of  any act of Melbourne Spectrum Painting or its agents

 

CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY

12.1.     The customer is not allowed to disclose any person at any time either during the contract period or after its termination or either uses the confidential details for their own or other person’s benefits

  • The customer confesses and agrees that:-
  • The Intellectual Property continues to be the of Melbourne Spectrum Painting property and
  • This Contract does not impart any proprietary right of the customer or title to any of the Intellectual Property

TERMINATION

13.1      Melbourne Spectrum Painting and the Customer may promptly terminate or suspend the performance of any contract if:-

  • If there would be any direct or indirect change in the Control of one of two-party
  • If any insolvency takes place
  • The other party may uphold a term of the contract which  cannot be rectified (including these terms)
  • The other party may uphold a term of the contract (including these Terms), if they do not find any rectification of their violation with the notification of 7 days

13.2      If the contract is terminated due to any reason, in such case

  • The customers may directly approach to the Melbourne Spectrum Painting and deposit them pro-rata payment for the Goods provided and Services performed by Melbourne Spectrum Painting up to the date of termination and also the other cost mentioned above and even other due money  by the Customer to Melbourne Spectrum Painting under this Contract as at the date of termination
  • This termination does not affect any accrued rights or liabilities of the parties

SUBCONTRACTING

Melbourne Spectrum Painting may sub-contract all or part of its rights and obligations under the Contract without the Customer’s consent.

JURISDICTION

The Contract between Melbourne Spectrum Painting and the Customer is formed in Victoria and the parties can submit the details of the disputes takes place between them to the court of such state.

COMPREHENSIVE AGREEMENT

These terms include the comprehensive agreement between the Melbourne Spectrum Painting and the Customer acknowledge. The only viable obligations and the liabilities of Melbourne Spectrum Painting and the Customer with respect to the subject matter of these Terms is included here

Every representation, communications, and previous agreements are exchanges with these Terms.

  • VARIATION

The customers should promptly offer written notice to the Melbourne Spectrum Painting if they find any direct or indirect changes in the customers’ control.

  1. CONTROL

Melbourne Spectrum Painting is free to alter these terms anytime if they had offered at least 30 days written notice of the intended changes to the customer.