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Terms & Conditions

 

 

1. SCOPE

All quotations and services provided by I Space Solutions are subject to these terms and these terms may only be varied with the written approval of I Space Solutions.

These terms override any inconsistent conditions in any document or other communication used by the buyer and shall supersede any earlier conditions or warranties stipulated. No agent or representative of I Space Solutions has any authority to make any representations, statements, warranties or agreement not expressed in these terms or otherwise authorised in writing.

2. QUOTATIONS

A quotation is valid for 30 days from the date of issue and may be accepted by the buyer at any time during this period by providing instructions to I Space Solutions.

Acceptance must be made in the form of a signed original quotation accepting these terms and (where applicable) with the buyer providing payment of the deposit.

A quotation is deemed to be accepted upon the buyer providing instructions to I Space Solutions to commence to fulfill an order.

Unless otherwise agreed in writing quotations are based on the known cost of labour and materials as at the date of the quotation or acceptance of materials, transport, labor and other costs. I Space Solutions reserves the right at all times to alter the quotation in the event of an increase in the cost of material or labour, or an increase in other costs and the buyer agrees to be bound by any such price variations.

Where the buyer does not accept the quotation within 30 days I Space Solutions reserves the right to alter the prices given in the quotation at its discretion.

Quotations do not include delivery, postage or GST unless specified.

Quotations may only be accepted in whole and not in part.  Subsequent orders may be subject to a separate quotation.

 3. PAYMENT

The buyer must pay any Tax Invoice issued by I Space Solutions within 14 days of the date of issue.  A Tax Invoice will not be deemed to be paid unless I Space Solutions receives cleared funds, cash or a bank cheque from the buyer.

I Space Solutions accepts credit card payments. In the event that the buyer wishes to make a payment using American Express I Space Solutions will charge the buyer a 2% merchant fee.

In the event that the buyer fails to pay a Tax Invoice issued by I Space Solutions pursuant to a quotation, I Space Solutions reserves the right to recover costs and charge interest at a rate as determined in accordance with Schedule J of the Supreme Court Rules.  Interest will accrue daily from the date payment was due until the date payment is received.

To the maximum extent permitted by law where the buyer fails to make a payment I Space Solutions may at its discretion refrain from providing any further services to the buyer and may withhold any subsequent orders until payment is made.

Where the buyer is the Applicant Company, the director of the Applicant Company shall guarantee the performance by the Applicant Company of its obligations under these terms, the quotation and in relation to the provision of services by I Space Solutions to the buyer.

4. VARIATION AND ADDITIONAL COSTS

A quotation is based upon a buyer’s order, including any time frame for fulfilment of the order specified by the buyer.  I Space Solutions reserves the right at all times to charge at its current rates for any additional costs incurred as a result of any variation to the buyer’s order upon which the quotation is based.

Any costs referable to delay due to shortages of materials provided by or on behalf of I Space Solutions or due to the materials provided by or on behalf of the buyer not corresponding with the materials upon which the quotation is based, will be charged to the buyer at I Space Solutions current rates.

No order may be suspended, cancelled or amended without I Space Solutions agreement in writing and the buyer must indemnify I Space Solutions for all costs incurred by I Space Solutions, included but not restricted to purchases, stocks, work in progress, labor costs or un-recovered overheads consequent upon the suspension, cancellation or amendment of any order agreed to by I Space Solutions.

5. CANCELLATION

If the buyer cancels an order after it has accepted a quotation, the buyer must do so in writing and will be liable for and must pay to I Space Solutions on demand all costs and expenses incurred by I Space Solutions to the time that I Space Solutions receives notice of the cancellation.

6. UNSATISFACTORY WORK

All work performed or services provided by I Space Solutions will be deemed satisfactory unless the buyer advises I Space Solutions otherwise in writing within 7 days of completion. The buyer must include its reasons for alleging the work is unsatisfactory in its notice to I Space Solutions. It is specifically agreed that I Space Solutions will not be liable for the buyer’s distribution costs or any consequential loss to the buyer referable to the services provided by I Space Solutions.

7. EXCLUSION AND LIMITATION OF WARRANTIES

All conditions and warranties of any type in relation to the provision of the services are excluded to the maximum extent permitted by law.  However, nothing in these terms is to be taken to exclude, restrict or modify the application of any law, which prohibits doing so.

8. LIABILITY AND INDEMNITY

Except in respect of any injury to or death of any person caused by a negligent act or omission of I Space Solutions, I Space Solutions, its employees, agents and subcontractors will not be liable to the buyer for any claim whatsoever suffered, or that may be suffered as a result of any act or omission by I Space Solutions whether negligent or otherwise, in the performance of any duty, obligation or function relating to the services, work or in any way arising out of it being a party to these terms.

The buyer indemnifies I Space Solutions, its employees, agents and subcontractors from and against any claim made by a third party relating to the services provided by I Space Solutions. The buyer will reimburse I Space Solutions for all expenses (including legal expenses and counsel’s fees) as incurred by I Space Solutions in connection with any such claim.

9. CONFIDENTIALITY

I Space Solutions will treat as confidential all data and other information supplied by the buyer and will use its best endeavours to maintain the confidentiality of such data and information.

10. RIGHT TO REFUSE TO PROVIDE SERVICES

I Space Solutions reserves the right to refuse to provide services to the buyer which in its opinion may breach or infringe upon the rights of any third party in any way, provided that notice of such refusal is promptly communicated to the buyer.

11. FORCE MAJEURE

I Space Solutions will not be liable for failure to perform, or delay in performing, the services or any part of the services if the failure or delay arose from a cause beyond the control of I Space Solutions.  This includes any strike, industrial action, machinery breakdown or mistake, delay or failure to supply by a supplier to I Space Solutions.

12. TIME FRAME

Any time frame contained in a quotation will commence from receipt of all information and materials necessary to perform the services and I Space Solutions will endeavour to meet quoted time frames. 

For the avoidance of any doubt, I Space Solutions shall not be liable to the buyer or be deemed to be in breach of its obligations to the buyer by reason of any delay in performing, or any failure to perform, any of its obligations in completing the services, if the delay or failure was due to any cause beyond the reasonable control of I Space Solutions.

13. TITLE  

Property in the goods shall pass to the buyer only upon I Space Solutions receiving payment for the goods and services, and until payment is received the buyer is a bailee only of the goods and shall (unless so instructed in writing to contrary by I Space Solutions) identify the goods as goods belonging to I Space Solutions. The buyer agrees that a certificate purporting to be signed by an officer of I Space Solutions identifying products as ‘unpaid for’ shall be conclusive evidence that the products in fact, are not been paid for, and of I Space Solutions title to those products.

I Space Solutions reserves the right to remove the goods from the premises if payments are not made by the buyer when due.

14. SPECIAL CONDITIONS

If any special conditions are set out in the quotation, the special conditions override these terms to the extent of any inconsistency.

15. GOVERNING LAW

These terms are governed by the laws of the State of New South Wales. 

16. SEVERABILITY

If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part is to be treated as removed from these terms, but the rest of these terms are not affected.

17. ASSIGNMENT

The buyer must not assign any rights it has under these terms without the prior written consent of I Space Solutions.

18. WAIVER

Any failure by I Space Solutions to exercise any of its rights or powers under these terms is not a waiver of those rights or powers.  A waiver by I Space Solutions is only effective if it is in writing.

19. TIME FOR ACTION

If the day on or by which something is required to be done or may be done is not a business day, that thing must be done on or by the next business day.

Please sign in the space below to acknowledge your acceptance of this quotation and the terms and conditions.

 

   
 
  WAAM