TERMS AND CONDITIONS OF TRADE – Advanced Metal Cladding
Definitions
- 1.1 AMC means Advanced Metal Cladding (ABN 31 613 751 938).
- 1.2 Client means the person, company, or entity engaging AMC to perform the Works.
- 1.3 Quote means the written quotation provided by AMC to the Client for the specified Works.
- 1.4 Works means the supply and installation of materials as described in the Quote.
- 1.5 Site means the location where the Works are to be carried out.
Acceptance
- 2.1 The Client’s approval of any Quote, or the placement of an order for Works based on a Quote, constitutes the Client’s full and unconditional acceptance of these Terms and Conditions.
- 2.2 These Terms and Conditions form the entire agreement between the Client and AMC and override any other terms that may be included in the Client’s order or other documentation.
Quotes and Pricing
- 3.1 All Quotes are valid for a period of thirty (30) days from the date of issue.
- 3.2 This Quote is subject to material cost and currency fluctuations. AMC reserves the right to revise the Quote if a Quote is accepted after its validity period or if material costs change significantly prior to ordering.
Payment Terms
- 4.1 Pre-Start Deposit: A 15% deposit is required upon Quote acceptance to secure a project start date and allow for material procurement. For projects requiring imported materials, this deposit percentage may be increased. Works will not be scheduled until the deposit is received in full.
- 4.2 Cancellation: If the Client cancels the project after the deposit has been paid, an administrative fee will be retained from the deposit to cover pre-start costs, calculated as follows:
- Projects up to $10,000: 10% of project value.
- Projects from $10,001 – $50,000: 6% of project value.
- Projects over $50,000: 3% of project value.
- 4.3 Progress Payments:
- For registered building companies, invoices will be issued for completed works (on and off-site) with payment due fifteen (15) days from the invoice date, unless otherwise agreed in a sub-contract order.
- For individual clients (e.g., Owner Builders), invoices will be issued as frequently as weekly, with payment required within five (5) days of the invoice date.
- 4.4 Payment Method: All payments are to be made via Electronic Funds Transfer (EFT). AMC does not accept payment by cheque, credit card, or cash.
- 4.5 Title of Goods: All materials supplied by AMC remain the property of AMC until payment has been received in full.
Variations and Extra Works
- 5.1 Any changes to the scope of Works after acceptance of the Quote (“Variation”) must be requested in writing.
- 5.2 A flat administration fee of $215 (ex. GST) will apply to all Variations to cover quoting and management of the change. Complex Variations may incur additional fees.
- 5.3 All Variations must be signed off by the Client before proceeding. No verbal agreements will be actioned.
- 5.4 Hourly rates for extra work are applicable for tasks up to one full working day. Works exceeding this will be quoted as a Variation. Current hourly rates are:
- Manager/Director/Estimator: $140/hr
- Installer: $125/hr
- Apprentices charged at a percentage of the Installer rate.
Client Obligations
- 6.1 Site Access: The Client shall provide AMC with clear, safe, and continuous access to the Site to carry out the Works.
- 6.2 Site Safety: The Client is responsible for ensuring the Site complies with all relevant WorkSafe Victoria standards. Works will not proceed if AMC deems the access or Site conditions to be unsafe.
- 6.3 Access Equipment: Unless otherwise specified in the Quote, the Client is responsible for the supply, provision, and setup of all required access equipment (e.g., scaffolding, EWPs).
- Material Disclaimers and Information
- 7.1 Oil Canning: The Client acknowledges that light gauge metal cladding, particularly in wide pans and dark colours, may exhibit “oil canning” (visible waviness). This is an inherent characteristic of the material and not a defect. The aesthetic effect is more prevalent in budget systems (e.g., Nailstrip, Snaplock) compared to fully supported systems.
- 7.2 Substrate: AMC recommends that rib-style cladding systems be installed over a fully supported plywood structure for a superior finish. Cladding installed over battens may result in a less uniform appearance.
- 7.3 Natural Materials (Zinc, Copper, etc.): The Client acknowledges the limitations of natural materials regarding maintenance and environmental exposure. AMC does not recommend installing Zinc or Copper in close proximity to marine or pool environments (salt and chlorine) where it is not exposed to regular rainfall, as discoloration is likely. The Client is responsible for ensuring material compatibility with other building elements (e.g., certain timber species). AMC accepts no liability for discoloration or staining due to these factors.
Warranties
- 8.1 Workmanship: AMC provides a warranty on its installation workmanship against defects for a period specified in the Quote or project documentation.
- 8.2 Manufacturer’s Warranty: All materials are covered by the relevant manufacturer’s warranty. AMC will facilitate this warranty on behalf of the Client where applicable, but is not liable for material defects.
General
- 9.1 Retention and Damages: This Quote assumes no retention will be held and makes no allowance for liquidated damages. A different rate will apply if these conditions are required.
- 9.2 GST: All prices quoted are exclusive of GST unless otherwise stated.
- 9.3 Governing Law: This agreement shall be governed by the laws of Victoria, Australia.