Quotation Terms and Conditions

Terms and Conditions of Quotation

In these Terms and Conditions of Quotation, “Lawrence & Hanson” 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 Lawrence & Hanson to the Customer.

1. Quotation: Any quotation provided by Lawrence & Hanson is subject to the following Terms and Conditions (“Terms”). Any quotation given by Lawrence & Hanson 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. Lawrence & Hanson 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 Lawrence & Hanson in writing and Lawrence & Hanson 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.
2. Terms of Sale: No purchase order in respect of any quotation binds Lawrence & Hanson until it is placed by the Customer and accepted by Lawrence & Hanson in writing. If a purchase order is placed by the Customer and accepted by Lawrence & Hanson, all of the terms set out in this document and Lawrence & Hanson’s Terms and Conditions of Sale in force from time to time, together with all orders placed by the Customer on Lawrence & Hanson from time to time and accepted by Lawrence & Hanson, and any other terms agreed in writing between the Customer and Lawrence & Hanson from time to time, will be binding on the Customer and will merge with and form part of the contract between the Customer and Lawrence & Hanson for the purchase of all Products by the Customer from Lawrence & Hanson. A copy of Lawrence & Hanson’s Terms and Conditions of Sale are located on Lawrence & Hanson’s website (https://www.lh.com.au/sales-credit-terms-conditions/).
3. Delivery: (a) Delivery dates are estimated in good faith by Lawrence & Hanson 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 Lawrence & Hanson. (b) Under no circumstances will Lawrence & Hanson 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 Lawrence & Hanson, Lawrence & Hanson may refuse to deliver any Products ordered by the Customer until the Customer’s account is within the approved limit.
4. Pricing: (a) Lawrence & Hanson may at its sole discretion increase the prices specified in a quotation up until the point of written acceptance of a purchase order. Lawrence & Hanson may increase the prices specified in a quotation if there are fluctuations in material costs between the time of quotation and Lawrence & Hanson’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.
5. Specification: (a) Any quotation given by Lawrence & Hanson is based only on information or specifications received from the Customer and in Lawrence & Hanson’s possession at time of quotation. (b) Lawrence & Hanson 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) Lawrence & Hanson 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 Lawrence & Hanson 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 Lawrence & Hanson for the purchase of Products by the Customer from Lawrence & Hanson. (e) For the avoidance of doubt, Lawrence & Hanson 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.
6. 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 Lawrence & Hanson 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 Lawrence & Hanson.
7. Liability of Lawrence & Hanson: (a) Subject to sub-clauses (b) and (c) below, Lawrence & Hanson 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 Lawrence & Hanson, 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 Lawrence & Hanson to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Lawrence & Hanson however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Lawrence & Hanson’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 Lawrence & Hanson to the Customer, subject to sub-clause (d), if the Customer is a Consumer, the liability of Lawrence & Hanson however caused, suffered or incurred by the Customer because of a failure to comply with a Consumer Guarantee is limited, at Lawrence & Hanson’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 Lawrence & Hanson 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.
8. Effect of Other Terms: These Terms supersede all previous terms and conditions between Lawrence & Hanson and the Customer. No terms of the Customer apply to any agreement between the Customer and Lawrence & Hanson.
9. Assignment: Lawrence & Hanson may assign the quotation without the prior written consent or knowledge of the Customer.