Total Concept Projects (TCP)
Standard Terms and Conditions of Sale
OVERRIDING PROVISIONS
All quotations and price submissions are made and all orders are accepted subject to these Terms and
Conditions except where expressly agreed by TCP in writing to vary these Terms and Conditions. In case of
any conflict between these Terms and Conditions and any other terms and conditions that a customer may
state or may consider to be either express or implied, these Terms and Conditions will always prevail.
In absence of a signed contract and/or a purchase order, these Terms and Conditions shall form the basis of a
contract.
VARIATION
TCP may, at its discretion, vary these Terms and Conditions at any time it sees fit. However, any variations to
these Terms and Conditions made by a customer shall not be binding on TCP unless consented to in writing
by TCP.
SALES TAX/ GST
The equipment and labour specified is subject to GST applicable at time of purchase.
CONTRACT TERMS
Work will only proceed upon receipt of an authorised purchase order or signed acceptance from the customer.
Unless agreed otherwise in writing, contract terms are as follows:
Twenty Five Percent (25%) deposit will be paid on placement of order.
Up to Sixty Five Percent (65%) in progress payments shall be paid against progress claims for equipment,
materials and labour utilised in the project up to the date of each claim. Such claims shall be itemised for
customer reference.
Ten Percent (10%) final payment will be made within seven (7) days of practical completion/ hand over or first
date of beneficial use, whichever occurs first.
PAYMENT TERMS
Property: Until payment in full is received by TCP (“The Seller”) and property in the goods/works passes to
the Customer, the Customer shall hold the goods/works or the unpaid part thereof as bailee for the Seller.
Title is further reserved against all amounts owing. We reserve the right to charge interest at 1.75% per month
on outstanding invoices over 45 days.
Payment terms are fourteen (14) days from invoice date unless otherwise agreed in writing.
PRICING
The above pricing is subject to variation without notice, but will be firm for a period of thirty (30) days from the
date of this proposal. Upon customer’s acceptance of this quotation, TCP reserves the right to re-confirm
supply of the goods and services as itemised within (7) days of receipt of purchase order.
NORMAL BUSINESS HOURS
TCP’s normal business hours are between 8.30am to 5.30pm Monday to Friday (excluding public holidays).
Any work required to be performed outside these hours will be charged at additional overtime rates unless
specified.
PRODUCT & SERVICE DELIVERY
Any date agreed between the parties for delivery of goods and/or services shall be an estimate only. TCP shall
not be liable for any loss or damage suffered by any party for the failure or inability to meet such date.
If between the time of submitting a quotation and acceptance of it by the customer and/or delivery of the
equipment, the model or series quoted have changed, TCP will only deliver the available model, subject to any
price variation as applicable, which will first be agreed with the customer.
CANCELLATION
Notice of cancellation of any goods or services after signing of a contract and/or issue of a purchase order by
the customer must be provided in writing to TCP. The customer will be liable for all costs incurred by TCP
including any re-stocking fees. Payment will be due within seven (7) days of the invoice date.
WARRANTY
The entire installation is covered under warranty by TCP for one (1) year for any faults or defects deemed to
be caused by installation workmanship or engineering design of the system by TCP.
Faults or defects deemed to be caused by environmental factors such as power fluctuations or inconsistent
supply of clean regulated power, inadequate cooling/ ventilation, tamper, misuse or abuse, acts of God or
items designed to fail in order to protect equipment such as power and/or lighting suppressors, fuses and
relays are not covered under warranty.
All equipment, parts and materials are covered under the relevant manufacturer’s warranty. Manufacturers’
warranty periods differ from supplier to supplier and are usually conditional on adherence to, or proof of,
regular preventative maintenance in accordance to the manufacturer’s operational handbook. Modification of
equipment necessary for system integration may void warranty with a manufacturer.
All manufacturers require goods to be “returned to base” for the repair of the faulty equipment which does not
include the cost of de-installation, freight to and from place of repair and re-installation, re-programming or
commissioning of equipment. For this reason we strongly recommend the purchase of our Service and
Maintenance Agreement.
Warranty period shall begin upon system completion or beneficial use, whichever occurs first.
FORCE MAJEURE
TCP shall not be liable for any failure to perform or difference in performance attributable to accidents or
circumstances beyond its reasonable control and in particular (but not limited to) industrial actions, war,
shortage of materials, fire, natural physical disaster, epidemic, act or restrain of government. In such an event,
TCP shall be at liberty on notice to the customer to make partial delivery or performance only or to determine
the contract, and in either case without prejudice to its rights accrued there under.
LAW
These Terms and Conditions shall be governed by the law of NSW, including the forum for any dispute
settlement.