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Terms & Conditions
The following terms and conditions apply to all tenders, quotations, variations and sale orders placed with the “Company”, whether known as Memates Demolition
1. Definitions
1.1 “Company” shall mean Memates Demolition, its successors and assigns or any person acting on behalf of and with
the authority of Memates Demolition. Place Pty Ltd where appropriate to describe an entity.
1.1.1 “Company Management Team” shall mean those employed in the Company’s position of Company Director,
General Manager, Operations Manager, Project Manager and Company Engineer.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on
any quotation, work authorisation or other form as provided by the Company to the Client.
1.2.1 “An authorised decision maker of the Client” shall mean any person from the Clients management team that has the
authority to make a decision for and on behalf of the Client under law.
1.3 “Guarantor” means that person (or persons) who agrees to be liable for the debts of the Client on a principal debtor
basis.
1.4 “Services” shall mean all Services supplied by the Company to the Client and includes any advice or
recommendations.
1.5 “Price” shall mean the price payable for the Services as agreed between the Company and the Client in accordance
with section 3 of this contract.
1.6 “Fair and reasonable notice” shall mean a period of no less than 12 work day hours as defined in a working week
(1.7) and a working day (1.8).
1.7 A working week shall mean the time period of Monday to Friday of a week not including Public Holidays or any other
day which is subject to National days of holiday, religious observation or other significant observance.
1.8 A working day shall mean any day of the working week as stated in 1.7; between the hours of 07:00 hrs and 15:30 hrs
of each working day.
1.9 “Reasonable access” shall mean uninhibited access and egress to site by all vehicles, machinery, infrastructure, plant
and foot.
1.10 “Within a reasonable time” shall mean within 5 work days (1.8) of a standard work week under these terms and
conditions.
2. ACCEPTANCE
2.1 The tenders, quotations, variations or sale order is valid for Thirty (30) Days from the stated date in the tenders,
quotations, Variations or sale order.
2.2 Any instructions received by the Company from the Client for the supply of Works and/or the Client’s acceptance of
works supplied by the Company shall
constitute acceptance of the terms and conditions contained herein.
2.3 In the absence of a clear written scope of works the Company's quotation, tender, or sale order will stand as the
company’s scope of works under the contract or agreement. The presentation of site plans alone is not recognised as a
scope of works in any way, shape or form.
2.4 The Companies quotation, tender, or sale order is to the site plan revision and written scope of work statement,
current at the time and date of the creation of said Company quotation, tender, or sale order. Any change or revision of
site plans, scope of work or additional site instructions is subject to the company variation process (2.9) without
exception. This includes the removal of any items, fittings or structures present when the Company inspected the job for
the purposes of quotation.
2.5 Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be
amended with the written consent of the Company.
2.6 The Client shall give the Company not less than fourteen (14) days prior written notice of any proposed change of
ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but
not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any
loss incurred by the Company as a result of the Client’s failure to comply with this clause.
2.7 Works are supplied by the Company only on the terms and conditions of trade herein to the exclusion of anything to
the contrary in the terms of the Client’s order notwithstanding that any such order is placed on terms that purport to
override these terms and conditions of trade.
2.8 Extra works which may be performed or completed outside of the above mentioned description of works are done so
as a variation. Schedules of rates may apply or works are to be P.O.A. Description of works quoted above is based on the
information that has been requested and forwarded to the Company or that has been shown to the Companies
representative on the above mentioned site. Additional works are either to be quoted for and accepted as a lump sum
contract or based on the Company docket system signed by a client’s authorised representative on site agreeing on work
performed and to receive and make payment as per the Company rates and fees.
2.9 Any variation or movement from the scope of works will be acted upon or commenced only at the approval of the
Company management team subject to the following:
(a) Should the Company on site team be directed, encouraged or placed under pressure or duress to commence any
work without the appropriate approval by the Company management team then the variation or moment in scope is
considered by the company to be completely approved by the client in its entirety and is subject to all charges as is
applicable to the variation or scope.
(b) The Company shall not proceed with any variations without first obtaining the Client’s written authorisation (3.2).
Written acceptance is by signature of an authorised decision maker of the client on the Company docket book or by email
confirmation from the authorised decision maker of the client. These acceptances are also recorded by the company in
contemporaneous notes.All charges and conditions of work are accepted in application of clauses in this terms and
conditions and specifically regarding acceptance, payment, additions, risk, delivery, onsite, asbestos and hazardous
materials and errors and omissions.
3. PRICE AND PAYMENT
3.1 At the Company’s sole discretion the Price shall be either:
(a) as indicated on invoices provided by the Company to the Client in respect of works undertaken by the Company; or
(b) the Company’s quoted Price (subject to clause 3.2) which shall be binding upon the Company provided that the Client
shall accept the Company’s quotation in writing within thirty (30) days.
3.2 The Company reserves the right to change the Price in the event of a variation to the Company’s quotation. Any
variation from the plan of scheduled works or specifications will be charged for on the basis of the Company’s quotation
and will be shown as variations on the invoice. The Company shall not proceed with any variations without first obtaining
the Client’s written authorisation. Payment for all variations must be made in accordance with the payment terms
specified on the Company’s invoice.
3.3 All invoices submitted to the client by the company are a payment claim under the Building and Construction Industry
Security of Payment Act 1999 (section 15)
3.4 At the Company’s sole discretion:
(a) Payment for approved Clients shall be made by instalments in accordance with the Company’s payment schedule; or
(b) Payment for approved Clients shall be due Seven (7) business days from the date the invoice is emailed to the client.
3.5 Time for payment for the works shall be of the essence and will be stated on the invoice or any other forms. If no time
is stated then payment shall be due on completion of the works.
3.6 GST and other taxes and duties that may be applicable shall be added to the price except when they are expressly
included in the price.
3.7 Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of
payment has been honoured, cleared or recognised and until then the Company’s ownership or rights in respect of the
works shall continue.
3.8 The withholding of payment for any GST amount by the Client is considered a breach of Federal law by the Company
and the liability for such action is borne by the client.
3.9 All Schedule of rates and variation pricing is based on the scope of works and is considered project pricing. No
negotiation or agreement for lower pricing will be accepted after the agreement to proceed with works under the scope of
any tender, contract or variation with the Client.
4. DELIVERY
4.1 At the Company’s sole discretion delivery of the works shall take place when the Company takes possession of the
works at the Client’s nominated address. 4.2 At the Company’s sole discretion the costs of Delivery are: (a) included in
the price; or (b) in addition to the Price; or (c) for the Client’s account.
4.3 The Client shall make all arrangements necessary to take delivery of the works whenever they are tendered for
delivery. In the event that the Client is unable to take delivery of the works as arranged then the Company shall be
entitled to charge a reasonable fee for a cancelled delivery or redelivery.
4.4 The Company may deliver the works by separate instalments. Each separate instalment shall be invoiced and paid
for in accordance with the provisions in these terms and conditions.
4.5 The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
4.6 The Company shall not be liable for any loss or damage whatsoever due to failure by the Company to deliver the
works (or any of them) promptly or at all where due to circumstances beyond the control of the Company.
4.7 The company shall not be liable for days of inclement weather. In the event that weather prevents the usual or safe
performance of works the Company will make good time lost on site through the completion of works only on soonest
availability, with no time penalty under any contract.
4.8 Delivery of works by the company is strictly subject to WorkPlace Safety and Occupational Health guidelines for the
construction industry. In the event that any condition is to be perceived as unsafe then the Company OHS Management
System will become in effect and a delay in delivering may result, until the condition is resolved; with no time penalty
under any contract.
4.9 As pricing is subject to project conditions the Scope of works and any variation is agreed by the Client to be
conducted under the following conditions (a) As per the contract, as quoted, sales order or variation request,
(b) Compliant to all clauses and sub clauses of these terms and condition;
4.10 Whilst the removal of scope from the contract or variation may be a necessity; a failure to provide fair and
reasonable notice (1.6) will result in the Client’s acceptance of costs of any hired infrastructure, equipment, manpower
and any other requirement to provide services per pre agreed scope or variation.
5. Risk
5.1 If any of the surrounding areas, structures, items or services that are to remain unharmed are damaged or destroyed
prior to completion of the works, the Company is entitled to receive all insurance proceeds payable. This shall apply
whether or not the Price has become payable under this agreement. The production of these terms and conditions by the
Company is sufficient evidence of the Company’s right to receive the insurance proceeds without the need for any person
dealing with the Company to make further enquiries.
5.2 The Client acknowledges that once the site is handed over to the Company that:
(a) On the first day of engagement on site the Company takes control of the site as an Excavation / Demolition /
Construction zone under Workplace Health and Safety (WPHS) AS4801 and AS2601, excavation standard and
construction standard
(b) All conditions of the company's OHS management system are valid and require compliance in the safe and
appropriate management of the zone.
(c) They shall have no claim whatsoever to any materials remaining at the worksite unless specifically agreed in writing;
and
(d) That unless such an agreement is in place the Company shall not be liable to compensate the Client for any materials
left at the worksite.
5.3 Finished levels and contours of the site are limited to natural levels and are not to site plan or earth work
specifications.
5.4 Whilst every care is taken to prevent any damage to the Client’s property and the property of any third party/s, no
liability is accepted for any damage that may occur whilst undertaking works under the instruction of the Client or the
Client’s agent.
5.5 Whilst care is taken when trees and buildings are removed, no liability is accepted for any damage to fences, services
and or neighbouring properties.
5.6 The Company shall not be liable for any loss or damage caused in accessing the site beyond the reasonable control
of the Company (including, without limitation all coverings or surfaces e.g., Stencilled, painted or plain Concrete/Asphalt
driveways Pathways/Roads, Timber, paved or Tiled or grassed areas, or other).
5.7 The Company, without fear of penalty or dispute reserves the right to:
(a) Make safe any ground in a manner that supports the operation of demolition, excavation or construction
(b) Change the machinery for any other type, category or capability to suit the safe working conditions that supports the
appropriate operation of demolition, excavation or construction.
(C) Hold progress of works to ensure, make safe or gain conformity on matters of safety and compliance under any
applicable statutory requirement, industry regulation or work place practise.
(d) Charge for the modification of ground, change in tools, machinery and infrastructure or downtime as applicable. to
safe and appropriate operation of the site.
5.8 The Company states that all operators have completed WorkCover OH&S Training Courses and are white card
compliant. The Company does supply Safe Work Method Statements and Job Safety Analysis for the services requested
6. On site works
6.1 Prior to the Company commencing any work the Client must advise the Company in writing of the precise location of
all underground services on the site and clearly mark the same. The underground mains and services the Client must
identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer
connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains,
and any other services that may be on site.
6.2 The client agrees to supply without exception to ensure:
(a) Water supply at mains pressure to be available on site, or shut off depending on the Company’s written requirements.
(b) Power supply at 240v single phase to be available within 30 metres of the working area or shut off completely prior to
commencement of works depending on the Company’s written requirements.
(c) Mark out is complete. The site should be clearly marked out by the client prior to the commencement of the work. It
will be clearly indicated to all operators where the desired cuts or holes are required. The company will not accept any
responsibility in marking out core holes or cut lines.
(d) All hazards and obstructions are identified and communicated. Services such as water, sewer, gas, power, telephone
etc. must be identified and marked out showing the locations and must be pointed out to the operator prior to the
commencement of work.
6.3 The Client accepts that on the first day of engagement on site the Company takes control of the construction zone
and manages the authorised access and egress per clause 5 (a) operating as a designated Excavation / Demolition /
Construction zone.
6.4 Whilst the Company will take all care to avoid damage to any above or underground services the Client agrees to
indemnify the Company in respect of all and any liability claims, loss, damage, costs and fines as a result of fouling and
or damage to services not precisely located and notified as per clause 6. This includes bathroom, kitchen strip outs and
the like where services may not be documented and will only be discovered through the demolition process.
6.5 Whilst the Company will take all care to avoid damage to any above or underground site feature, artefact, service,
facility or building of any type that is known or unknown to the Client, that pre-existed, is or was constructed, has been
demolished in part or whole, or buried in some way at some time prior or post to the existing building code, industry
regulation or work practise; the Client agrees to indemnify the Company in respect of all and any liability claims, loss,
damage, costs and fines as a result of damage
6.6 In the event that the site conditions, other contractors or third party influences for which we are not responsible to
prevent the company from properly and safely operate under contract conditions then the company reserves the right to
charge for machinery, personnel resources on standby condition.
6.7 Exclusions: Unless stipulated in quotation:
a) Disconnection of any services prior or during demolition e.g. sprinklers, smoke detectors, vibration monitors etc.
Engineering costs/ permits/council permits etc. unless noted to be included.
b) Hoardings B or A class/ scaffold/ traffic management, site security.
c) Tiger tails on surrounding power lines.
d) No allowance has been made for removal of any unforeseen materials, furniture or the making good of any surfaces.
e) Perimeter fencing or scaffolding for the duration of job.
f) No allowance has been made for the removal of any roof/insulation or unforeseen buried structures, dirt or clay material
from site.
g) No allowance for dilapidation report for neighbouring wall and surrounding structures, photograph prints of before &
after demolition works.
6.8 The Company supplies a service and quotation for the demolition and removal of the structure, or strip out, to the
extent of what is visible to the naked eye at the time of tender.
(a) Mandatory allowances are made for slab removal of 120mm thick; single slab only. If double slabs are found or
thicknesses are above this measurement this will be deemed a variation to this quotation and contract at a negotiated
cost and as per our schedule of rates for Labour, Machine or rubbish costs.
(b) Mandatory allowances for footing removal is 450mm X 350mm brick or concrete and 300 x 300mm for concrete
footings. If footing thicknesses is above this measurement, this will be deemed a variation to this quotation and contract
at a negotiated cost and as per our schedule of rates for Labour, Machine or rubbish costs.
(c) As far as unforeseen materials or buried structures that are not itemized in scope by the client prior to quotation/tender
these item if come across during demolition are deemed a variation to demolish and remove above this quotation and
contract and will be charged at a negotiated cost as per our schedule of rates for Labour, Machine or rubbish costs.
(e) No allowances for piers found under footings unless stipulated by client prior to quotation or included in above scope. .
If piers are found, this will be deemed a variation to this quotation and a negotiated cost and as per our schedule of rates
for Labour, Machine or rubbish costs will be applied for their removal.
(f) Grinding of slab once coverings are removed etc. tiles, topping, carpet, floating floors, vinyl is always a separate item
to Memates Demolition contract unless clearly stated in scope above this is always a variation to contract. If removal is
required, the price of removal will be based on the thickness and make up of glue substance, access, power supply and
square meterage. This price will then be negotiated based on our schedule of rates.
(g) Mandatory allowances for flooring as follows: ceramic tile 20mm, sand and cement bedding 30mm, carpet and
underlay 20mm, viny flooring 5mm, timber flooring 22-25mm or unless otherwise stated above. No allowance for chicken
wire, floor hardening products Eg: bondcrete glue like substances that makes it alot harder to remove. No allowance for
underfloor heating unless stated above.
7. ASBESTOS/ HAZARDOUS MATERIALS
7.1 Prior to the Company commencing any works, the Client must advise the Company of the precise location of all
known asbestos/hazardous materials on the site and clearly mark the same. Removal from the site and the disposal of
asbestos/hazardous materials shall at all times be the Client’s responsibility unless otherwise agreed in writing.
7.2 In the event that the Company discovers asbestos/hazardous materials whilst undertaking any works the Company
shall immediately advise the Client of the same and shall be entitled to suspend the works pending a risk assessment in
relation to those materials. The Client shall be liable for all additional costs (howsoever arising) incurred by the Company
as a result of the discovery of asbestos/hazardous materials and/or any suspension of works in relation there to.
7.3 Where the Company agrees to remove any asbestos/hazardous materials on the Client’s behalf then the Client shall
be liable for all costs incurred by the Company in the removal and disposal of those materials.
7.4 Both the Client and the Company agree that they will at all times ensure that they comply with the provisions of all
statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works,
including occupational health and safety laws relating to building/ construction sites, and any other relevant safety
standards or legislation, particularly those in relation to asbestos/hazardous materials and the safe removal and disposal
of the same.
7.5 The client agrees that the required condition for the removal of asbestos is considered a pre- approved variation for
the company subject to this quotation or schedule of rates as stated in the contract.
8. ERRORS
& OMISSIONS
7.1 Prior to the Company commencing any works, the Client must advise the Company of the precise location of all
known asbestos/hazardous materials on the site and clearly mark the same. Removal from the site and the disposal of
asbestos/hazardous materials shall at all times be the Client’s responsibility unless otherwise agreed in writing.
7.2 In the event that the Company discovers asbestos/hazardous materials whilst undertaking any works the Company
shall immediately advise the Client of the same and shall be entitled to suspend the works pending a risk assessment in
relation to those materials. The Client shall be liable for all additional costs (howsoever arising) incurred by the Company
as a result of the discovery of asbestos/hazardous materials and/or any suspension of works in relation there to.
7.3 Where the Company agrees to remove any asbestos/hazardous materials on the Client’s behalf then the Client shall
be liable for all costs incurred by the Company in the removal and disposal of those materials.
7.4 Both the Client and the Company agree that they will at all times ensure that they comply with the provisions of all
statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works,
including occupational health and safety laws relating to building/ construction sites, and any other relevant safety
standards or legislation, particularly those in relation to asbestos/hazardous materials and the safe removal and disposal
of the same.
7.5 The client agrees that the required condition for the removal of asbestos is considered a pre- approved variation for
the company subject to this quotation or schedule of rates as stated in the contract.
9. THE COMMONWEALTH TRADE PRACTICES ACT 1974
(“TPA”) AND FAIR TRADING ACTS (“FTA”)
9.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or
the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
10. CLIENT’S DISCLAIMER
10.1 The Client hereby disclaims any right to rescind, or cancel the contract with the Company or to sue for damages or
to claim restitution arising out of any misrepresentation made to the Client by the Company and the Client acknowledges
that the works are bought relying solely upon the Client’s skill and judgment.
11. DEFAULT & CONSEQUENCES OF DEFAULT
11.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment,
at a rate of two and a half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall
compound monthly at such a rate) after as well as before any judgment. 11.2 In the event that the Client’s payment is
dishonoured for any reason the Client shall be liable for any dishonour fees incurred by the Company.
11.3 If the Client defaults in the payment of any invoice when due, the Client shall indemnify the Company from and
against all costs and disbursements incurred by the Company in pursuing the debt including legal costs on a solicitor and
own client basis and the Company’s collection agency costs.
11.4 Without prejudice to any other remedies the Company may have, if at any time the Client is in breach of any
obligation (including those relating to payment), the Company may suspend or terminate the supply of Works to the Client
and any of its other obligations under the terms and conditions. The Company will not be liable to the Client for any loss
or damage the Client suffers because the Company has exercised its rights under this clause.
11.5 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten
percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for
administration fees which sum shall become immediately due and payable. 11.6 Without prejudice to the Company’s
other remedies at law the Company shall be entitled to cancel all or any part of any order of the Client which remains
unfulfilled and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in
the event that:
(a) any money payable to the Company becomes overdue, or in the Company’s opinion the Client will be unable to meet
its payments as they fall due; or
(b) the Client becomes insolvent, convene a meeting with its creditors or proposes or enters into an arrangement with
creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any
asset of the Client.
12. SECURITY AND CHARGE
12.1 Despite anything to the contrary contained herein or any other rights which the Company may have howsoever:
(a) where the Client and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged,
both the Client and/or the Guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said
land, realty or any other assets to the Company or the Company’s nominee to secure all amounts and other monetary
obligations payable under these terms and conditions. The Client and/or the Guarantor acknowledge and agree that the
Company (or the Company’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be
withdrawn once all payments and other monetary obligations payable hereunder have been met.
(b) should the Company elect to proceed in any manner in accordance with this clause and/or its sub- clauses, the Client
and/or Guarantor shall indemnify the Company from and against all the Company’s costs and disbursements including
legal costs on a solicitor and own client basis.
(c) the Client and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint the Company or the
Company’s nominee as the Client’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give
effect to the provisions of this clause 12.1.
13. CANCELLATION
13.1 The Company may cancel any contract to which these terms and conditions apply or cancel the supply of Works at
any time before the Works are due to commence. On giving such notice the Company shall repay to the Client any sums
paid in respect of the Price. The Company shall not be liable for any loss or damage whatsoever arising from such
cancellation.
13.2 In the event that the Client cancels delivery of Works the Client shall be liable for any loss incurred by the Company
(including, but not limited to, any loss of future earnings) up to the time of cancellation.
13. CANCELLATION
13.1 The Company may cancel any contract to which these terms and conditions apply or cancel the supply of Works at
any time before the Works are due to commence. On giving such notice the Company shall repay to the Client any sums
paid in respect of the Price. The Company shall not be liable for any loss or damage whatsoever arising from such
cancellation.
13.2 In the event that the Client cancels delivery of Works the Client shall be liable for any loss incurred by the Company
(including, but not limited to, any loss of future earnings) up to the time of cancellation.
14. PRIVACY ACT 1988
14.1 The Client and/or the Guarantor/s agree for the Company to obtain from a credit reporting agency a credit report
containing personal credit information about the Client and Guarantor/s in relation to credit provided by the Company.
14.2 The Client and/or the Guarantor/s agree that the Company may exchange information about the Client and the
Guarantor/s with those credit providers either named as trade referees by the Client or named in a consumer credit report
issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default
with other credit providers; and/or (d) to assess the credit worthiness of Client and/or Guarantor/s.
14.3 The Client consents to the Company being given a consumer credit report to collect overdue payment on
commercial credit (Section 18K(1)(h) Privacy Act 1988).
14.4 The Client agrees that personal credit information provided may be used and retained by the Company for the
following purposes and for other purposes as shall be agreed between the Client and Company or required by law from
time to time:
(a) provision of works; and/or
(b) marketing of works by the Company, its agents or distributors in relation to the Works; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision
of works; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the
Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in
relation to the works.
14.5 The Company may give information about the Client to a credit reporting agency for the following
purposes:
(a) to obtain a consumer credit report about the Client; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
15. BUILDING AND CONSTRUCTION INDUSTRY SECURITY OF PAYMENTS ACT 1999
15.1 At the Company’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Works then the
provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
15.2 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the
Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by
the Act where applicable.
16. General
16.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence,
legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales
and are subject to the jurisdiction of the courts of New South Wales.
16.3 The Company shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or
expense (including loss of profit) suffered by the Client arising out of a breach by the Company of these terms and
conditions.
16.4 In the event of any breach of this contract by the Company the remedies of the Client shall be limited to damages
which under no circumstances shall exceed the Price of the Works.
16.5 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to
the Client by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
16.6 The Company may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
16.7 The Company reserves the right to review these terms and conditions at any time. If, following any such review,
there is to be any changes to these terms and conditions, then that change will take effect from the date on which the
Company notifies the Client of such change.
16.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action,
fire, flood, storm or other event beyond the reasonable control of either party.
16.9 The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver
of that provision, nor shall it affect the Company’s right to subsequently enforce that provision.
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If you have any questions or need further clarification, please don't hesitate to contact us at accounts@mematesdemolition.com.au.