In these Terms and Conditions of Quotation, “L&H” means Lawrence & Hanson Group Pty Ltd ABN 69 080 350 812, and its “related bodies corporate”, as that phrase is defined in the Corporations Act 2001 (Cth), “Customer” means the customer to whom the quotation is provided and “Products” means all goods and/or services (including delivery and cutting services) quoted for supply by L&H to the Customer.
Quotation: Any quotation provided by L&H is subject to the following Terms and Conditions (“Terms”). Any quotation given by L&H is merely an invitation for the placement of an order for the provision of Products and does not give rise to a binding contract between the parties. L&H reserves the right to vary or withdraw a quotation at any time prior to its written acceptance of a purchase order in accordance with clause 2 of these Terms. All quotations must be made by L&H in writing and L&H will not accept or be bound by any quotation or purchase order made or accepted verbally. By placing a purchase order, the Customer is deemed to have accepted these Terms.
Terms of Sale: No purchase order in respect of any quotation binds L&H until it is placed by the Customer and accepted by L&H in writing. If a purchase order is placed by the Customer and accepted by L&H, all of the terms set out in this document and L&H’s Terms and Conditions of Sale in force from time to time, together with all orders placed by the Customer on L&H from time to time and accepted by L&H, and any other terms agreed in writing between the Customer and L&H from time to time, will be binding on the Customer and will merge with and form part of the contract between the Customer and L&H for the purchase of all Products by the Customer from L&H. A copy of L&H’s Terms and Conditions of Sale are located on L&H’s website (https://www.lh.com.au/sales-credit-terms-conditions/).
Delivery: (a) Delivery dates are estimated in good faith by L&H and are based on information available at the date of quotation. Time shall not be of the essence in respect of any quotation or purchase order accepted by L&H. (b) Under no circumstances will L&H be liable for loss or damages for failure to deliver by the date specified in a quotation including, but not limited to, loss or damage suffered by the Customer under liquidated damages clauses. (c) If delivery is in instalments, delay in delivery of any instalment does not relieve the Customer of its obligation to accept the remaining instalments. (d) In the event that the Customer has exceeded the approved limit applying to the Customer’s credit facility with L&H, L&H may refuse to deliver any Products ordered by the Customer until the Customer’s account is within the approved limit.
Pricing: (a) L&H may at its sole discretion increase the prices specified in a quotation up until the point of written acceptance of a purchase order. L&H may increase the prices specified in a quotation if there are fluctuations in material costs between the time of quotation and L&H’s written acceptance of a purchase order. (b) All prices quoted are, unless expressly stated otherwise, exclusive of GST and are subject to increases in the amount of any existing or new taxes imposed by Federal or State Authorities upon the manufacture, transportation and/or sale of the materials specified.
Specification: (a) Any quotation given by L&H is based only on information or specifications received from the Customer and in L&H’s possession at time of quotation. (b) L&H does not warrant or make any representation that the Products will comply with any technical or other specifications provided by the Customer including quality, function performance or design. (c) L&H makes no representations as to the suitability of the materials for any purpose or that the Products are fit for any purpose whether or not L&H has been notified of such purpose. (d) Technical or other specifications provided by the Customer do not merge with and/or form part of any contract between the Customer and L&H for the purchase of Products by the Customer from L&H. (e) For the avoidance of doubt, L&H will not be responsible for any loss or damage suffered by the Customer in connection with specifications the Customer has provided including, but not limited to, loss or damage suffered in connection with the provision of the wrong specifications, superseded specifications or items not included in the specifications.
Drawings: (a) General drawings, explanatory and illustrated literature and/or any other printed matter submitted for descriptive or explanatory purposes with any quotation prepared by L&H are approximate only, and are not contract drawings or exact dimensions, detailed specifications or otherwise. (b) Any additional work required by the Customer or resulting from drawing alterations or other cause shall be requested in writing and subject to additional charges by L&H.
Liability of L&H: (a) Subject to sub-clauses (b) and (c) below, L&H will not be liable for any loss or damage whatsoever suffered by the Customer as a result of any act, omission or statement made by L&H, its employees, contractors or agents whether negligent or not, except that nothing in these Terms limits any liability imposed by any statute unless or to the extent that it is lawful to do so. Without limiting the foregoing, any works, including rectification works are at the sole cost and expense of the Customer. (b) In respect of Products supplied by L&H to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of L&H however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at L&H’s option, to replacement of the Product or supply of equivalent Product; repair of the Product; payment of the cost of replacing the Product or acquiring equivalent Product; or payment of the cost of having the Product repaired. (c) In respect of services supplied by L&H to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of L&H however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at L&H’s option, to supplying the services again or payment of the cost of having the services supplied again. (d) Sub-clauses (b) and (c) do not apply if: it is not ‘fair and reasonable’ for L&H to rely on them in accordance with sections 64A(3) and (4) of the Australian Consumer Law; the Products are Consumer Goods; the services are Consumer Services; or the loss arises in relation to any guarantee pursuant to any of sections 51, 52 or 53 of the Australian Consumer Law.
Effect of Other Terms: These Terms supersede all previous terms and conditions between L&H and the Customer. No terms of the Customer apply to any agreement between the Customer and L&H.
Assignment: L&H may assign the quotation without the prior written consent or knowledge of the Customer.