Common use of Price and Payment Clause in Contracts

Price and Payment. 5.1 At EME Roofing’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven (7) days. 5.2 EME Roofing reserves the right to change the Price (either verbally or in writing): (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing in the cost of labour or Materials, which are beyond EME Roofing’s control. 5.3 Variations will be charged for on the basis of EME Roofing’s quotation, and will be detailed in writing, and shown as variations on EME Roofing’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing within three (3) working days. Failure to do so will entitle EME Roofing to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofing, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofing. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing. 5.7 EME Roofing may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofing, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing an amount equal to any GST EME Roofing must pay for any provision of Works by EME Roofing under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 2 contracts

Samples: Contract, Contract

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Price and Payment. 5.1 6.1 At EME Roofing’s MSS’ sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing MSS to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofing’s MSS’ Price at the date of provision delivery of the Works, Works according to EME Roofing’s MSS’ current pricelist; or (c) EME Roofing’s MSS’ quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon MSS provided that the period stated Customer shall accept MSS’ quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 MSS reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditionschange of design, high windschange in the scope of Works required, variations in engineers reports, health hazards and safety considerations (such as the discovery of asbestos or other contaminants), any prerequisite services by the Customer or any third party not being carried out substantially or at all, substandard substrate, hidden under-surface barriers such as reinforced steel, limitations to accessing the siteWorksite where the Materials are to be supplied, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, inclement weather etc.) which are only discovered on commencement of the Works; or (d) in the event that overseas transactions increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges or increases to EME Roofing MSS in the cost of labour or Materials, materials which are beyond EME Roofing’s MSS’ control. 5.3 6.3 Variations will be charged for on the basis of EME Roofing’s MSS’ quotation, and will be detailed in writing, and shown as variations on EME Roofing’s MSS’ invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing MSS within three ten (310) working days. Failure to do so will entitle EME Roofing MSS to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofing’s MSS’ sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingMSS, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s MSS’ specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (c) seven for certain approved Customer’s, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingMSS. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingMSS. 5.7 EME Roofing 6.8 MSS may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing MSS determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer MSS may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingMSS, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s MSS’ Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing MSS nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by MSS is a claim made under the Construction Contracts Act 2002. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing MSS an amount equal to any GST EME Roofing MSS must pay for any provision of Works supply by EME Roofing MSS under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 2 contracts

Samples: Contract, Contract

Price and Payment. 5.1 7.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofingthe Contractor’s estimated Price at the date of provision (subject to clause 7.2). The final price can only be ascertained upon completion of the Works, according . Variances in the estimated Price of more than 10% will be subject to EME Roofing’s current pricelistClient approval before proceeding with the Services; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.27.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within fourteen (714) days. 5.2 EME Roofing 7.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor inclement weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)work required for pre-existing conditions that are not apparent on a visual inspection, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial work, change of designdelays in sourcing Materials to complete the Works, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofingthe Contractor’s control. 5.3 7.3 In the event of a variation as per clause 7.2 being executed, the Estimated Cost and Estimated Period of Works will be varied accordingly. Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 7.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 7.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (db) the date specified on any invoice or other form as being the date for payment; or (ec) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 7.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 7.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 7.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 7.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofingthe Contractor’s Price at the date of provision delivery of the Works, Works according to EME Roofingthe Contractor’s current pricelist; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Customer shall accept the Contractor’s quotation in the quotation or otherwise for a period of writing within seven (7) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the siteWorksite access and/or crawl spaces, availability of machineryobscured Worksite/building defects which require remedial work, prerequisite work by a third party not being completed, health hazards and safety considerations (such as the discovery of asbestos etc), inaccurate measurements, plans or specifications supplied by the Customer, hard rock or other toxic materials)barriers below the surface, prerequisite work by any third party not being completed iron reinforcing rods in concrete, or not code compliant, obscured building defects (such as rot) which require remedial work, change of designhidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) if during the course of the Works, the Materials cease to be available from the Contractor third party suppliers, then the Contractor reserves the right to provide alternative Materials, subject to prior confirmation and agreement of both parties; or (e) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME Roofing’s the Contractor control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (c) seven for certain approved Customer’s, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Contractor. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015 and as such no Retention Money shall be use other than to remedy defects in the performance of the Contractor’s obligations under the Contract. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Contractor. 5.7 EME Roofing 6.8 The Contractor may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Contractor is a claim made under the Construction Contracts Xxx 0000. Nothing in this clause 6.9 prevents the Customer from the ability to dispute any invoice. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 3.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s the Price as at the date of provision delivery of the Works, Works according to EME Roofingthe Contractor’s current pricelistprice list; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.23.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 3.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)Worksite access and/or crawl spaces, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured building building/Worksite defects (such as rot) which require remedial workor where the substructure is inadequate/rotten and is not able to sustain the weight of the air conditioning unit, change of designdelays from third party suppliers, hard rock or other barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) as a result of an increase in the event of Contractor’s costs due to changes in statutory, government, or local body charges, taxes, levies, etc. with respect to the Works, increases to EME Roofing the Contractor in the cost of labour or MaterialsMaterials or due to relevant industry awards (e.g. Worksite allowance and severance pay), which are beyond EME Roofing’s controloutside the control of the Contractor. 5.3 3.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 3.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 3.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 3.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 3.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 3.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing an amount equal to any 3.9 GST EME Roofing must pay for any provision of Works by EME Roofing under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition shall be added to the Price Price, except where they are when it is expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofingthe Contractor’s Price at the date of provision delivery of the Works, Works according to EME Roofingthe Contractor’s current pricelist; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)Worksite access and/or crawl spaces, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured remedial work required due to existing workmanship being of a poor quality or non-compliant to the building defects (such as rot) which require remedial workcode, change of designhard rock or other barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME Roofingthe Contractor’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (c) seven for certain approved Client’s, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.8 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofing’s the Contractor‟s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s the Contractor‟s quoted Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor‟s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsobscured building defects including as dry rot or termites, any disassembly work required, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any a third party not being completed completed, hard rock or not code compliantother barriers below the surface, obscured building defects (such as rot) which require remedial worklatent soil conditions, change of designiron reinforcing rods in concrete, or hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofing’s the Contractor‟s control. 5.3 Variations will be charged for on the basis of EME Roofing’s the Contractor‟s quotation, and will be detailed in writing, and shown as variations on EME Roofing’s the Contractor‟s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s the Contractor‟s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofing’s the Contractor‟s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s the Contractor‟s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofing’s B & X Xxxxx’x sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing B & H Stone to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s B & X Xxxxx’x quoted Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.2) which will shall be valid for binding upon B & H Stone provided that the period stated Client shall accept B & H Stone’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing B & H Stone reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, to limitations to accessing the site, availability of machinerysite accessibility, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial workcompleted, change of design, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing B & H Stone in the cost of labour or Materials, Materials which are beyond EME Roofing’s B & X Xxxxx’x control. 5.3 Variations will be charged for on the basis of EME Roofing’s B & X Xxxxx’x quotation, and will be detailed in writing, and shown as variations on EME Roofing’s B & X Xxxxx’x invoice. The Client shall be required to respond to any variation submitted by EME Roofing B & H Stone within three ten (310) working days. Failure to do so will entitle EME Roofing B & H Stone to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s B & X Xxxxx’x sole discretion, discretion a non-refundable deposit of forty (40%) percent of the price may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingB & H Stone, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (db) the date specified on any invoice or other form as being the date for payment; or (ec) failing any notice to the contrary, the date which is seven fourteen (714) days following the date of any invoice given to the Client by EME RoofingB & X Xxxxx. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingB & H Stone. 5.7 EME Roofing B & H Stone may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing B & H Stone determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Xxxxxx X & H Xxxxx may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingB & H Stone, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingB & H Stone’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing B & H Stone nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing B & H Stone an amount equal to any GST EME Roofing B & H Stone must pay for any provision of Works supply by EME Roofing B & H Stone under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 4.1 At EME RoofingSJL’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing SJL to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSJL’s quoted price Price (subject to clause 5.24.2) which will shall be valid for binding upon SJL provided that the period stated Customer shall accept SJL’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 4.2 SJL reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryobscured site defects which require remedial work, health hazards and safety considerations (such as asbestos the discovery of asbestos) or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial workcompleted, change of designplans, hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing SJL in the cost of labour or Materials, materials which are beyond EME RoofingSJL’s control. 5.3 4.3 Variations will be charged for on the basis of EME RoofingSJL’s quotation, and will be detailed in writing, and shown as variations on EME RoofingSJL’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing SJL within three ten (310) working days. Failure to do so will entitle EME Roofing SJL to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 4.4 At EME RoofingSJL’s sole discretion, discretion a non-refundable deposit may be required. 5.5 4.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingSJL, which may be: (a) the following payment schedule of: (i) five percent (5%) of the contract Price is payable up front on acceptance of the quotation; and (ii) a payment of thirty-five percent (35%) of the contract Price is payable prior to manufacturing of the Materials; and (iii) a payment of fifty percent (50%) is required prior to installation of the Materials; and (iv) the balance (including any variations) is required on completion of the Works;; or (b) by way for certain approved Customers: (i) on completion of progress payments the Works; or (ii) as agreed in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include writing between the reasonable value of authorised variations Customer and the value of any Materials delivered to the site but not yet installedSJL; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingSJL. 5.6 4.6 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18(a) to 18(i) of the Construction Contracts Act 2002. 4.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingSJL. 5.7 EME Roofing 4.8 SJL may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing SJL determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer SJL may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingSJL, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingSJL’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 4.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing SJL nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by SJL is a claim made under the Construction Contracts Act 2002. 5.9 4.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing SJL an amount equal to any GST EME Roofing SJL must pay for any provision of Works supply by EME Roofing SJL under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingPipeTech’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing PipeTech to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingPipeTech’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing PipeTech reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the site, availability of machineryhost pipe that is subject to the Services is unsuitable for lining, incorrect measurements, plans and/or specifications provided by the Client, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workdiscovery of greater damage to the pipe than was first anticipated, change interruption during the ling process due to unexpected use of designthe drainage line by the Client, unidentified underground obstacles, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing PipeTech in the cost of labour or Materials, materials which are beyond EME RoofingPipeTech’s control. 5.3 Variations will be charged for on the basis of EME RoofingPipeTech’s quotation, and will be detailed in writing, and shown as variations on EME RoofingPipeTech’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing PipeTech within three ten (310) working days. Failure to do so will entitle EME Roofing PipeTech to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingPipeTech’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingPipeTech, which may be: (a) on completion before delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME RoofingPipeTech’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven for certain approved Clients, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingPipeTech. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingPipeTech. 5.7 EME Roofing PipeTech may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing PipeTech determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing PipeTech may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingPipeTech, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingPipeTech’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing PipeTech nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing PipeTech an amount equal to any GST EME Roofing PipeTech must pay for any provision of Works supply by EME Roofing PipeTech under this or any other agreementcontract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s the Price as at the date of provision delivery of the Works, Works according to EME Roofingthe Contractor’s current pricelistprice list; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability of machinery, safety considerations (such as asbestos considerations, existing wiring and or switchboard not being compliant, other toxic materials)Worksite specific conditions, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workhidden pipes and wiring in walls, change of design, safety considerations etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofingthe Contractor’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingMEL’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing XXX to the ClientClient in respect of Works performed or Materials supplied; or (b) EME RoofingMEL’s Price at the date of provision delivery of the Works, Works according to EME RoofingMEL’s current pricelist; or (c) EME RoofingMEL’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon XXX provided that the period stated Client shall accept MEL’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 XXX reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryobscured building defects which requires remedial work, safety considerations and/or health hazards (such as the discovery of asbestos or other toxic hazardous materials), existing wiring not up to current code standards, prerequisite work by any third party not being completed completed, hidden services (as per clause 10), or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, further faults found on disassembly and/or further inspection etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing XXX in the cost of labour or Materials, materials which are beyond EME RoofingMEL’s control. 5.3 6.3 Variations will be charged for on the basis of EME RoofingMEL’s quotation, and will be detailed in writing, and shown as variations on EME RoofingMEL’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing XXX within three ten (310) working days. Failure to do so will entitle EME Roofing XXX to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingMEL’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingXXX, which may be: (a) on completion of the Works;; or (b) before delivery of the Materials; or (c) by way of progress payments in accordance with EME RoofingMEL’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (cd) seven for certain approved Client’s, due twenty (720) days following the end of the month in which a statement is posted delivered to the Client’s address or address for notices; (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingXXX. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18(a) to 18(i) of the Construction Contracts Xxx 0000. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingXXX. 5.7 EME Roofing 6.8 XXX may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing XXX determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing XXX may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingXXX, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingMEL’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 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 EME Roofing XXX nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by XXX is a claim made under the Construction Contracts Xxx 0000. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing XXX an amount equal to any GST EME Roofing XXX must pay for any provision of Works supply by EME Roofing XXX under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingMMJTLS’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing MMJTLS to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingMMJTLS’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon MMJTLS provided that the period stated Client shall accept MMJTLS’s quotation in the quotation or otherwise for a period of seven writing within thirty (7) days30)days. 5.2 EME Roofing 6.2 MMJTLS reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing site access, changes to the sitescope of Works required, ready availability of machineryMaterials, safety considerations (such as asbestos variations in quantity or other toxic materials)volume of Materials to be supplied, prerequisite work by any a third party not being completed or not code being non-compliant, obscured building defects (such as rot) which require remedial workinaccurate measurements, change of designplans or specifications supplied by the Client, hard rock or other barriers below the surface, latent soil conditions, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing MMJTLS in the cost of labour or Materials, materials which are beyond EME RoofingMMJTLS’s control. 5.3 6.3 Variations will be charged for based on the basis of EME RoofingMMJTLS’s quotation, and will be detailed in writing, and shown as variations on EME RoofingMMJTLS’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing MMJTLS within three ten (310) working days. Failure to do so will entitle EME Roofing MMJTLS to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingMMJTLS’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingMMJTLS, which may be: (a) immediately payable at the time the Client places an order for any indent Materials that MMJTLS is to commission from any other third-party supplier/s; or (b) on completion of the Works;; or (bc) by way of progress payments in accordance with EME RoofingMMJTLS’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations variations, and the value of any Materials delivered to the site worksite but not yet installed; or (cd) seven for certain approved Client’s, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices;fornotices; or (de) the date specified on any invoice or other form as being the date for payment; orpayment;or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingMMJTLS. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18(a) to 18(i) of the Construction Contracts Act2002. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing. 5.7 EME Roofing MMJTLS may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing MMJTLS determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing MMJTLS may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingMMJTLS, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingMMJTLS’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing MMJTLS nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by MMJTLS is a claim made under the Construction Contracts Act 2002. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing MMJTLS an amount equal to any GST EME Roofing MMJTLS must pay for any provision of Works supply by EME Roofing MMJTLS under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Seller’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Seller to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofingthe Seller’s Price at the date of provision delivery of the Works, Works according to EME Roofingthe Seller’s current pricelist; or (c) EME Roofingthe Seller’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Seller provided that the Customer shall accept the Seller’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Seller reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the sitesite access, ready availability of machineryMaterials, safety considerations (such as asbestos variations in quantity or other toxic materials)volume of Materials to be supplied, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Customer, obscured building defects (such as rot) which require remedial workhard rock or other barriers below the surface, change of designlatent soil conditions, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Seller in the cost of labour or Materials, materials which are beyond EME Roofingthe Seller’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Seller’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Seller’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Seller within three seven (37) working days. Failure to do so will entitle EME Roofing the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Seller’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Seller, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofingthe Seller’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (c) seven for certain approved Customer’s, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Seller. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18(a) to 18(i) of the Construction Contracts Act 2002. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Seller. 5.7 EME Roofing 6.8 The Seller may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Seller’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Seller nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Seller is a claim made under the Construction Contracts Act 2002. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Seller an amount equal to any GST EME Roofing the Seller must pay for any provision of Works supply by EME Roofing the Seller under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Supplier’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Supplier to the ClientCustomer in respect of Works performed or Materials/Equipment supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSupplier’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Supplier provided that the Customer shall accept the Supplier’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Supplier reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Materials/Equipment which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans plans, specifications or specificationschange in design) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteworksite, availability of machineryobscured building/worksite defects, incorrect structural measurements provided by the Customer, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of designcompleted, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Supplier in the cost of labour labour, Materials or Materialsoverseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges, which are beyond EME Roofingthe Supplier’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Supplier’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Supplier’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Supplier within three ten (310) working days. Failure to do so will entitle EME Roofing the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Supplier’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works Works/Equipment being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Supplier, which may be: (a) on delivery of the Materials/Equipment; or (b) on completion of the Works;; or (bc) by way of progress payments in accordance with EME Roofingthe Supplier’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or (cd) seven thirty (730) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Supplier. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Supplier. 5.7 EME Roofing 6.7 The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Supplier an amount equal to any GST EME Roofing the Supplier must pay for any provision of Works supply by EME Roofing the Supplier under this or any other agreementcontract for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Supply Agreement

Price and Payment. 5.1 At EME RoofingAEL’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing AEL to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME RoofingAEL’s Price at the date of provision delivery of the Works, Works according to EME RoofingAEL’s current pricelist; or (c) EME RoofingAEL’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon AEL provided that the period stated Customer shall accept AEL’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing AEL reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) if during the course of the Works, the Materials cease to be available from AEL’s third-party suppliers, then AEL reserves the right to provide alternative Materials, subject to prior confirmation and agreement of both parties; or (d) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability of machineryobscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Customer, safety considerations (such as asbestos or other toxic materialsdiscovery of asbestos, etc.), prerequisite work by any third party not being completed completed, lack of required utilities, remedial work required due to existing workmanship being of a poor quality or not code compliantnon-compliant to the building code, obscured building defects (such as rot) which require remedial workhard rock barriers below the surface, change of designiron reinforcing rods in concrete or hidden pipes and wiring in walls, etc.) which are only discovered on commencement of the Works; or (de) in the event of increases to EME Roofing AEL in the cost of labour or Materialsmaterials (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to AEL in the cost of taxes, levies, freight and insurance charges etc.) which are beyond EME RoofingAEL’s control. 5.3 Variations will be charged for on the basis of EME RoofingAEL’s quotation, and will be detailed in writing, and shown as variations on EME RoofingAEL’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing AEL within three ten (310) working days. Failure to do so will entitle EME Roofing AEL to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingAEL’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingAEL, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME RoofingAEL’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or; (c) seven for certain approved Clients, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingAEL. 5.6 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015. 5.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingAEL. 5.7 EME Roofing 5.8 AEL may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing AEL determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer AEL may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingAEL, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingAEL’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 5.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing AEL nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by AEL is a claim made under the Construction Contracts Act 2002. 5.9 5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing AEL an amount equal to any GST EME Roofing AEL must pay for any provision of Works supply by EME Roofing AEL under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the siteWorksite access, inaccurate measurements, plans or specifications supplied by the Client, safety considerations, availability of machineryequipment, safety considerations (such as asbestos additional excavation required work prior to pouring, additional labour where concrete is required to be manually wheel barrowed from the delivery vehicle, ground conditions are unsuitable or reactive, hard rock or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, barriers below the surface etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour taxes, levies, disposal costs with excess slurry (including but not limited to an environmental fee), materials and labour, any fees, fines, infringements or Materialspenalties, which are is beyond EME Roofingthe Contractor’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or; (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or; (ed) failing any notice to the contrary, the date which is seven fourteen (714) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Construction Contract

Price and Payment. 5.1 6.1 At EME RoofingAFE’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing AFE to the ClientClient in respect of Works performed or Materials supplied; or (b) EME RoofingAFE’s estimated Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.26.2) which will shall be valid for binding upon AFE provided that the period stated Client shall accept AFE’s estimate in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 AFE reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the sitesite access, availability of excavation machinery, safety considerations (such as asbestos presence of tree stumps, removal thereof and chasing of the roots, changes to the scope of Works required, ready availability of Materials, variations in quantity or other toxic materials)volume of Materials to be supplied, prerequisite work by any a third party not being completed or not code being non-compliant, obscured building defects (such as rot) which require remedial workinaccurate measurements, change of designplans or specifications supplied by the Client, hard rock or other barriers below the surface, latent soil conditions, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing AFE in the cost of labour labour, materials or Materials, any other costs which may be incurred which are beyond EME RoofingAFE’s control. 5.3 6.3 Variations will be charged for based on the basis of EME RoofingAFE’s quotationestimate, and will be detailed in writing, and shown as variations on EME RoofingXXX’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing AFE within three ten (310) working days. Failure to do so will entitle EME Roofing AFE to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 Unless otherwise stated AFE’s estimated price does not include, dewatering shoring, retaining walls or any temporary support to neighbouring buildings fences or footpaths, filling of soft spots, compaction testing, sediment fence/storm water control, covering soil stock piles, cutting kerb and channel or footpaths, rock breaking, dust / silt control, public barricades or signage. 6.5 AFE also reserves the right to change the Price if a variation to the Goods supplied is requested by the Client or in the event of increases to AFE in the cost of labour or Goods, different from the accepted estimated Price, (if delivery of Goods is delayed by the Client beyond 60 days from the acceptance of the estimated Price) which are beyond AFE’s control. 6.6 At EME RoofingAFE’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.7 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingAFE, which may be: (a) immediately payable at the time the Client places an order for any indent Materials or non-stocklist item that AFE is to commission from any other third-party supplier/s; or (b) on completion of the Works;; or (bc) by way of progress payments in accordance with EME RoofingAFE’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations variations, and the value of any Materials delivered to the site worksite but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; orpayment;or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingAFE. 5.6 6.8 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), banking or by any other method as agreed to between the Client and EME RoofingAFE. 5.7 EME Roofing 6.9 AFE may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing AFE determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing AFE may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingAFE, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingAFE’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.10 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 EME Roofing AFE nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by AFE is a claim made under the Construction Contracts Act 2002. 5.9 6.11 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing AFE an amount equal to any GST EME Roofing AFE must pay for any provision of Works supply by EME Roofing AFE under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation together with a purchase order number in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, any variation where additional Works are required due to availability of Materials, or unforeseen circumstances including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial workcompleted, change of design, or hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofingthe Contractor’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. The deposit must be honoured or cleared prior to the Contractor commencing any Works. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on On or before completion of the Works;; or (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) either seven (7) or fourteen (14) days following any invoice or other form as being the date for payment; or (e) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementContract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract Agreement

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinerydelays caused by third party suppliers, obscured site defects which require remedial work, health hazard and/or safety considerations (such as asbestos asbestos, rot or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial workhard rock barriers below the surface, change of design, or hidden pipes and wiring/cabling etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials which are beyond EME Roofingthe Contractor’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable twenty five (25) percent deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (cb) seven for certain approved Client’s, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (dc) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18(a) to 18(i) of the Construction Contracts Act 2002. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.8 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in disputedispute unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofingthe Seller’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Seller to the ClientClient in respect of Services performed or Goods supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSeller’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon the period stated Seller provided that the Client shall accept the Seller’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing The Seller reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryinclement weather, obscured/latent defects which require remedial work, health hazards and safety considerations (such as the discovery of asbestos or other toxic materialssubstances), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of designadditional surface preparation, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing the Seller in the cost of labour or Materials, materials which are beyond EME Roofingthe Seller’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Seller’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Seller’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Seller within three ten (310) working days. Failure to do so will entitle EME Roofing the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Seller’s sole discretion, discretion a non-refundable deposit of up to twenty percent (20%) may be requiredrequired prior to provision of Services. 5.5 Time for payment for the Works Services being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Seller, which may be: (a) on completion of the Works;Services; or (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or thirty (c) seven (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (c) the date which is either seven (7), fourteen (14) or thirty (30) days following the date of any invoice given to the Client by the Seller; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Seller. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Seller. 5.7 EME Roofing The Seller may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Seller’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing the Seller nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client must pay to EME Roofing the Seller an amount equal to any GST EME Roofing the Seller must pay for any provision of Works supply by EME Roofing the Seller under this or any other agreementcontract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, to poor weather conditions, high winds, limitations to accessing the site, availability of machinerysite accessibility, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workdefects, change of design, hidden wiring in walls, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials which are beyond EME Roofingthe Contractor’s control; or (e) (if applicable) where there is any change to any monies available to the Client from the Australian Federal Government’s Renewable Energy Target Program (RET Program), or any other Commonwealth, State or Local Government rebates or incentives. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) seven (7) days following the date specified on any invoice or other form as being the date for paymentof invoice; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingStill Standing Sheetmetal’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Still Standing Sheetmetal to the ClientCustomer; or (b) EME Roofing’s the Price as at the date of provision Delivery of the Works, Goods according to EME RoofingStill Standing Sheetmetal’s current pricelistprice list; or (c) EME RoofingStill Standing Sheetmetal’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing Still Standing Sheetmetal reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required or delays occur due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor to inclement weather conditions, high winds, limitations to accessing the site, availability of machinerysite accessibility, safety considerations (such as asbestos or other toxic materialsincluding but not limited to the discovery of asbestos), prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workdefects, change of designhidden wiring in walls, hard rock barriers etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing Still Standing Sheetmetal in the cost of labour or Materials, Goods which are beyond EME RoofingStill Standing Sheetmetal’s control. 5.3 Variations will be charged for on the basis of EME RoofingStill Standing Sheetmetal’s quotation, and will be detailed in writing, and shown as variations on EME RoofingStill Standing Sheetmetal’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing Still Standing Sheetmetal within three ten (310) working days. Failure to do so will entitle EME Roofing Still Standing Sheetmetal to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingStill Standing Sheetmetal’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingStill Standing Sheetmetal, which may be: (a) on completion Delivery of the WorksGoods; (b) before Delivery of the Goods; (c) by way of instalments/progress payments in accordance with EME RoofingStill Standing Sheetmetal’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (cd) seven five (75) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingStill Standing Sheetmetal. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingStill Standing Sheetmetal. 5.7 EME Roofing Still Standing Sheetmetal may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing Still Standing Sheetmetal determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer Still Standing Sheetmetal may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingStill Standing Sheetmetal, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingStill Standing Sheetmetal’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing Still Standing Sheetmetal nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing Still Standing Sheetmetal an amount equal to any GST EME Roofing Still Standing Sheetmetal must pay for any provision of Works supply by EME Roofing Still Standing Sheetmetal under this or any other agreementagreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Seller’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Seller to the Client; or (b) EME Roofing’s the Price as at the date of provision Delivery of the Works, Goods according to EME Roofingthe Seller’s current pricelistprice list; or (c) EME Roofingthe Seller’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing 6.2 The Seller reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limited access to the site, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)obscured site defects which require remedial work, prerequisite work by any third party not being completed completed, or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing the Seller in the cost of labour or Materials, materials which are beyond EME Roofingthe Seller’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Seller’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Seller’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Seller within three ten (310) working days. Failure to do so will entitle EME Roofing the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Seller’s sole discretion, a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Seller, which may be: (a) on completion Delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME Roofingthe Seller’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Seller. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Seller. 5.7 EME Roofing 6.7 The Seller may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Seller’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 6.8 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 EME Roofing the Seller nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Seller an amount equal to any GST EME Roofing the Seller must pay for any provision of Works supply by EME Roofing the Seller under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Construction Contract

Price and Payment. 5.1 At EME RoofingWaimak Engineering’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Waimak Engineering to the ClientCustomer ; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingWaimak Engineering’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing Waimak Engineering reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability of machineryobscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Customer, safety considerations (such as asbestos or other toxic materialsdiscovery of asbestos, etc.), prerequisite work by any third party not being completed completed, hard rock barriers below the surface, iron reinforcing rods in concrete or not code compliant, obscured building defects (such as rot) which require remedial work, change of designhidden pipes and wiring in walls, etc.) which are only discovered on commencement of the Works; orServices; (d) as a result of fluctuations in currency exchange rates, or in the dollar value of metal prices or in the event of increases to EME Roofing Waimak Engineering in the cost of labour or Materials, materials which are beyond EME RoofingWaimak Engineering ’s control. 5.3 Variations will be charged for on the basis of EME RoofingWaimak Engineering’s quotation, and will be detailed in writing, and shown as variations on EME RoofingWaimak Engineering’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing Waimak Engineering within three ten (310) working days. Failure to do so will entitle EME Roofing Waimak Engineering to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingWaimak Engineering’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingWaimak Engineering , which may be: (a) on completion or before Delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME RoofingWaimak Engineering ’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven for certain approved Customer s, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer ’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingWaimak Engineering. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingWaimak Engineering. 5.7 EME Roofing Waimak Engineering may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing Waimak Engineering determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer Waimak Engineering may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingWaimak Engineering , payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingWaimak Engineering ’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client Customer shall hold the Retention Money for the agreed period following completion of the Services during which time all Services are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015. 5.9 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing Waimak Engineering nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by Waimak Engineering is a claim made under the Construction Contracts Act 2002. 5.9 5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing Waimak Engineering an amount equal to any GST EME Roofing Waimak Engineering must pay for any provision of Works supply by EME Roofing Waimak Engineering under this or any other agreementcontract for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 7.1 At EME Roofingthe Supplier’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Supplier to the ClientCustomer; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSupplier’s quoted price Price (subject to clause 5.27.2) which will be valid for the period stated in the quotation or otherwise for a period of seven fourteen (714) days. 5.2 EME Roofing 7.2 The Supplier reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are Services (including any variation to be supplied the Customer’s brief or specifications) is requested; or (b) if a variation during the course of the Services, the Goods are not or cease to be available from the Works originally scheduled Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods (including any applicable plans or specifications) is requestedcomponents of the Goods); or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (circumstances including, but not limited to, poor weather conditions, high winds, limitations to accessing the siteworksite, availability additional defects/software or hardware incompatibilities which are found on closer inspection, delays in delivery of machineryGoods from the Supplier’s third party suppliers, additional worksite visits required, health hazards/safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on commencement during the provision of the WorksServices; or (d) in the event of increases to EME Roofing the Supplier in the cost of labour or Materials, materials which are beyond EME Roofingthe Supplier’s control. 5.3 7.3 Variations will be charged for on the basis of EME Roofingthe Supplier’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Supplier’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Supplier within three ten (310) working days. Failure to do so will entitle EME Roofing the Supplier to add the cost of the variation to the Price. Payment .Payment for all variations must be made in full at the time of their completion. 5.4 7.4 At EME Roofingthe Supplier’s sole discretion, discretion a non-refundable deposit may be required. 5.5 7.5 Payment for any non-stocklist or bespoke Goods from the Supplier’s third party supplier is due payable at the time the Customer places an order with the Supplier. 7.6 Time for payment for the Works Services being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Supplier, which may be: (a) on completion of the Works; (b) by way of instalments/progress payments in accordance with EME Roofingthe Supplier’s specified progress payment schedule. Such progress payment claims may include ; or (b) on delivery of the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installedGoods; or (c) seven before delivery of the Goods; or (7d) payment for approved Customers shall be due either twenty (20) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices;; or (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Supplier. 5.6 7.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, eftpos, credit card (a surcharge per transaction may apply per transaction), apply) or by any other method as agreed to between the Client Customer and EME Roofingthe Supplier. 5.7 EME Roofing 7.8 The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsServices. 5.8 7.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Supplier nor to withhold payment of any invoice because part of that invoice is in disputedispute unless the request for payment by the Supplier is a claim made under the Construction Contracts Act 2002. 5.9 7.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Supplier an amount equal to any GST EME Roofing the Supplier must pay for any provision of Works supply by EME Roofing the Supplier under this or any other agreementagreement for providing the Supplier’s Services. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Supply Agreement

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofingthe Contractor’s Price at the date of provision delivery of the Works, Works according to EME Roofingthe Contractor’s current pricelist; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Customer shall accept the Contractor’s quotation in the quotation or otherwise for a period of writing within seven (7) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the siteWorksite access and/or crawl spaces, availability of machineryobscured Worksite/building defects which require remedial work, prerequisite work by a third party not being completed, health hazards and safety considerations (such as the discovery of asbestos etc), inaccurate measurements, plans or specifications supplied by the Customer, hard rock or other toxic materials)barriers below the surface, prerequisite work by any third party not being completed iron reinforcing rods in concrete, or not code compliant, obscured building defects (such as rot) which require remedial work, change of designhidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) if during the course of the Works, the Materials cease to be available from the Contractor third party suppliers, then the Contractor reserves the right to provide alternative Materials, subject to prior confirmation and agreement of both parties; or (e) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME Roofing’s the Contractor control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (c) seven for certain approved Customer’s, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Contractor. 5.6 6.6 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015 and as such no Retention Money shall be use other than to remedy defects in the performance of the Contractor’s obligations under the Contract. 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Contractor. 5.7 EME Roofing 6.8 The Contractor may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. Nothing in this clause 6.9 prevents the Customer from the ability to dispute any invoice. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the sitesite access, ready availability of machineryMaterials, safety considerations (such as asbestos variations in quantity or other toxic materials)volume of Materials to be supplied, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured building defects (such as rot) which require remedial workhard rock or other barriers below the surface, change of designiron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofingthe Contractor’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) before delivery of the Works; or (b) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingMPSL’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing MPSL to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s MPSL quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing MPSL reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) if during the course of the Services, the Goods are not or cease to be available from MPSL’s third party suppliers, then MPSL reserves the right to provide alternative Goods; or (d) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos any difficulties with obscured or other toxic materials)defect found on closer inspection, prerequisite work by any third party not being completed or not code compliantmisdiagnosis in the first instance, obscured building defects (such as rot) which require remedial workaccessing replacement parts for the Services, change the transportation of designthe Goods the Client, etc.) ), which are only discovered on commencement of the WorksServices; or (de) in the event of increases to EME Roofing MPSL in the cost of labour or Materials, materials which are beyond EME RoofingMPSL’s control. 5.3 Variations will be charged for on the basis of EME RoofingMPSL’s quotation, and will be detailed in writing, and shown as variations on EME RoofingMPSL’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing MPSL within three ten (310) working days. Failure to do so will entitle EME Roofing MPSL to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingMPSL’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingMPSL, which may be: (a) on completion delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME RoofingMPSL’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven for certain approved Clients, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingMPSL. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge per transaction may apply per transactionapply), or by any other method as agreed to between the Client and EME RoofingMPSL. 5.7 EME Roofing MPSL may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing MPSL determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing MPSL may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingMPSL, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingMPSL’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing MPSL nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing MPSL an amount equal to any GST EME Roofing MPSL must pay for any provision of Works supply by EME Roofing MPSL under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingPF&T’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingPF&T’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing 6.2 PF&T reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Products which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) if during the course of the Services, the Products are not or cease to be available from PF&T’s third party suppliers, then PF&T reserves the right to provide alternative Products; or (d) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (includingdifficulties(including, but not limited to, poor weather conditions, high windsalterations to plans or rescheduling of any part of the Products, rework of detailing, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work inaccurate measurements provided by any third party not being completed or not code compliantthe Client, obscured building defects (such as rot) which require remedial work, change of designstorage, etc.) which are only discovered on commencement of the WorksServices; or (de) in the event of increases to EME Roofing PF&T in the cost of labour or Materials, materials which are beyond EME RoofingPF&T’s control. 5.3 6.3 Variations will be charged for on the basis of EME RoofingPF&T’s quotation, and will be detailed in writing, and shown as variations on EME RoofingPF&T’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing PF&T within three ten (310) working days. Failure to do so will entitle EME Roofing PF&T to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingPF&T’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works Products being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingPF&T, which may be: (a) on completion before Delivery of the WorksProducts; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ec) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingPF&T. 6.6 No allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, PF&T reserves the right to treat all retentions as placing the Client’s account into default. 5.6 6.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing.PF&T. 5.7 EME Roofing 6.8 PF&T may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing PF&T determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing PF&T may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingPF&T, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingPF&T’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsProducts. 5.8 6.9 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 EME Roofing PF&T nor to withhold payment of any invoice because part of that invoice is in disputedispute unless the request for payment by the Client is a claim made under the Construction Contracts Act 2002. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing PF&T an amount equal to any GST EME Roofing PF&T must pay for any provision of Works supply by EME Roofing PF&T under this or any other agreementcontract for the sale of the Products. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingMNE’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing MNE to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingMNE’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon MNE provided that the period stated Client shall accept MNE’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 MNE reserves the right to change the Price (either verbally or in writing):Price: (a) if during the course of the Works, the Materials are not or cease to be available from MNE’s third-party suppliers, then MNE reserves the right to provide alternative Materials; or (b) if a variation to the Materials which are to be supplied is requested; or (bc) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (cd) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)Worksite access and/or crawl spaces, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured remedial work required due to existing workmanship being of a poor quality or non-compliant to the building defects (such as rot) which require remedial workcode, change of designhard rock or other barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (de) as a result of an increase in MNE’s costs due to changes in statutory, government, or local body charges, taxes, levies, etc. with respect to the event of Works, increases to EME Roofing MNE in the cost of labour or MaterialsMaterials or due to relevant industry awards (e.g. Worksite allowance and severance pay), which are beyond EME Roofing’s controloutside the control of MNE. 5.3 6.3 Variations will be charged for on the basis of EME RoofingMNE’s quotation, and will be detailed in writing, and shown as variations on EME RoofingMNE’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing MNE within three ten (310) working days. Failure to do so will entitle EME Roofing MNE to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingMNE’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingMNE, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME RoofingMNE’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingMNE. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingMNE. 5.7 EME Roofing 6.7 MNE may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing MNE determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing MNE may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingMNE, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingMNE’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing MNE nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing MNE an amount equal to any GST EME Roofing MNE must pay for any provision of Works supply by EME Roofing MNE under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingVPA’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing VPA to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingVPA’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon VPA provided that the period stated Client shall accept VPA’s quotation in the quotation or otherwise for a period of seven writing within ninety (790) days. 5.2 EME Roofing 6.2 VPA reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability obscured building/Worksite defects, variations in quantity or volume of machineryMaterials to be supplied, incorrect measurements, plans and/or specifications provided by the Client, safety considerations (such as asbestos or other toxic materialsdiscovery of asbestos, etc.), prerequisite work by any third party not being completed completed, lack of required utilities, remedial work required due to existing workmanship being of a poor quality or not code compliantnon-compliant to the building code, obscured building defects (such as rot) which require remedial workhard rock barriers below the surface, change of design, iron reinforcing rods in concrete or hidden pipes and wiring etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing VPA in the cost of labour or Materials, Materials which are beyond EME RoofingVPA’s control. 5.3 6.3 Variations will be charged for on the basis of EME RoofingVPA’s quotation, and will be detailed in writing, and shown as variations on EME RoofingVPA’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing VPA within three ten (310) working days. Failure to do so will entitle EME Roofing VPA to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingVPA’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingVPA, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME RoofingVPA’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingVPA. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingVPA. 5.7 EME Roofing 6.7 VPA may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing VPA determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing VPA may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingVPA, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingVPA’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing VPA nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing VPA an amount equal to any GST EME Roofing VPA must pay for any provision of Works supply by EME Roofing VPA under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 (a) At EME Roofingthe Supplier’s sole discretion, the Price shall be either: (a) : • as indicated on any invoice provided by EME Roofing the Supplier to the Client; or (b) EME Roofing’s Price at or • the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSupplier’s quoted price Price (subject to clause 5.226(b)) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing (b) The Supplier reserves the right to change the Price (either verbally or in writing): (a) Price: • if a variation to the Materials Goods or Equipment which are to be supplied is requested; or (b) or • if a variation to the Works originally plan of scheduled (including any applicable plans Services, or specifications) the Clients specifications is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties requested (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability additional work required due to hidden or unidentifiable difficulties not evident prior to commencement of machinerythe Services such as additional defects/software or hardware incompatibilities which are found on closer inspection, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed completed, or not code compliant, obscured building any request to investigate and/or repair any faults or defects (such as rot) which require remedial work, change of designoutside the Supplier’s normal business hours, etc.) which are only discovered on commencement of the WorksServices; or (d) or • in the event of increases to EME Roofing beyond the Supplier’s reasonable control in the cost of Goods or labour (including, but not limited to, third-party network operator or Materialssupplier costs, which are beyond EME Roofing’s controlor overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges etc.). 5.3 (c) Variations will be charged for on the basis of EME Roofingthe Supplier’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Supplier’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Supplier within three ten (310) working days. Failure to do so will entitle EME Roofing the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 (d) At EME Roofingthe Supplier’s sole discretion, a reasonable non-refundable deposit may be required. 5.5 (e) Time for payment for the Works Services/Goods/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Supplier, which may be: (a) : • on completion or before delivery of the Works; (b) Goods/Equipment. • by way of instalments/progress payments in accordance with EME Roofingthe Supplier’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or • for certain approved Clients, due twenty (c) seven (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) . • the date specified on any invoice or other form as being the date for payment; or (e) or • failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Supplier. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing. 5.7 EME Roofing f) The Supplier may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods/Equipment. 5.8 (g) Payment may be made by electronic/on-line banking, or by any other method as agreed to between the Client and the Supplier. (h) 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 EME Roofing the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Supplier is a claim made under the Construction Contracts Act 2002. Nothing in this clause (h) prevents the Client from the ability to dispute any invoice. 5.9 (i) Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Supplier an amount equal to any GST EME Roofing the Supplier must pay for any provision of Works supply by EME Roofing the Supplier under this or any other agreementAgreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Service Agreement

Price and Payment. 5.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofingthe Contractor’s estimated Price at the date of provision (subject to clause 5.2). The final price can only be ascertained upon completion of the Works, according . Variances in the estimated Price of more than 10% will be subject to EME Roofing’s current pricelistClient approval before proceeding with the Works; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of writing within seven (7) days. 5.2 EME Roofing The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workdefects, change of designhard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofingthe Contractor’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) before delivery of the Materials; or (c) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 Invoices shall be issued in categories of Works and GST only. Itemised accounts will not be provided. 5.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 5.8 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 5.9 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofing’s Xxxxx’x sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing Xxxxx to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Xxxxx’x quoted Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.2) which will shall be valid for binding upon Xxxxx provided that the period stated Client shall accept Xxxxx’x quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing Xxxxx reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) any additional costs incurred by Xxxxx where the Client requests the acceleration of the existing work schedule (as per clause 6.4); or (d) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability of machineryobscured building/Worksite defects, roof pitch, termites, incorrect measurements, plans and/or specifications provided by the Client, safety considerations (such as asbestos or other toxic materialsdiscovery of asbestos, etc.), change of design, prerequisite work by any third party not being completed completed, remedial work required due to existing workmanship being of a poor quality or not code compliantnon-compliant to the building code, obscured building defects (such as rot) which require remedial workhard rock barriers below the surface, change of designiron reinforcing rods in concrete or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (de) in the event of increases to EME Roofing Xxxxx in the cost of labour or Materials, Materials which are beyond EME Roofing’s Xxxxx’x control. 5.3 Variations will be charged for on the basis of EME Roofing’s Xxxxx’x quotation, and will be detailed in writing, and shown as variations on EME Roofing’s Xxxxx’x invoice. The Client shall be required to respond to any variation submitted by EME Roofing Xxxxx within three ten (310) working days. Failure to do so will entitle EME Roofing Xxxxx to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s Xxxxx’x sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingXxxxx, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofing’s Xxxxx’x specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingXxxxx. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingXxxxx. 5.7 EME Roofing Xxxxx may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Xxxxx determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Xxxxx may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingXxxxx, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s Xxxxx’x Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing Xxxxx nor to withhold payment of any invoice because part of that invoice is in dispute. Once in receipt of an invoice for payment, if any part of the invoice is in dispute, then the Client must notify Xxxxx in writing within three (3) business days, the invoice shall remain due and payable for the full amount, until such time as Xxxxx investigates the dispute claim, no credit shall be passed for refund until the review is completed. Failure to make payment may result in Xxxxx placing the Client’s account into default and subject to default interest in accordance with clause 18.1. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Xxxxx an amount equal to any GST EME Roofing Xxxxx must pay for any provision of Works supply by EME Roofing Xxxxx under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Seller’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Seller to the ClientCustomer; or (b) EME Roofing’s the Price as at the date of provision Delivery of the Works, Goods according to EME Roofingthe Seller’s current pricelistprice list; or (c) EME Roofingthe Seller’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing 6.2 The Seller reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workdefects, asbestos or other hazardous substances, change of design, hard rock barriers below the surface or iron reinforcing rods in concrete, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing the Seller in the cost of labour or Materials, materials which are beyond EME Roofingthe Seller’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Seller’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Seller’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Seller within three ten (310) working days. Failure to do so will entitle EME Roofing the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Seller’s sole discretion, a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Seller, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (eb) failing any notice to the contrary, the date which is seven thirty (730) days following the date of any invoice given to the Client Customer by EME Roofingthe Seller. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Seller. 5.7 EME Roofing 6.7 The Seller may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Seller’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 6.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Seller nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Seller an amount equal to any GST EME Roofing the Seller must pay for any provision of Works supply by EME Roofing the Seller under this or any other agreementContract for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofing’s MCS’ sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing MCS to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofing’s MCS’ quoted Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.2) which will shall be valid for binding upon MCS provided that the period stated Customer shall accept MCS’ quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing MCS reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, any variation as a result of additional Works required due to unforeseen circumstances such as poor weather or soil conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.completed) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing MCS in the cost of labour or Materials, materials which are beyond EME Roofing’s MCS’ control. 5.3 Variations will be charged for on the basis of EME Roofing’s MCS’ quotation, and will be detailed in writing, and shown as variations on EME Roofing’s MCS’ invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing MCS within three ten (310) working days. Failure to do so will entitle EME Roofing MCS to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s MCS’ sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingMCS, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofing’s MCS’ specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted or emailed to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingMCS. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingMCS. 5.7 EME Roofing MCS may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing MCS determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer MCS may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingMCS, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingMCS’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing MCS nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client Customer must pay to EME Roofing MCS an amount equal to any GST EME Roofing MCS must pay for any provision of Works supply by EME Roofing MCS under this or any other agreementContract for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

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Price and Payment. 5.1 At EME Roofingthe Seller’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Seller to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing The Seller reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied Services originally scheduled (including any cancellations, specifications and/or instalations) is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditionsdiscovery of additional faults on inspection or instalation, high windswork outside normal business hours, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building obscured/latent defects (such as rot) which require remedial work, change of design, safety considerations etc.) which are only discovered on commencement of the Works; or (da) in the event of increases to EME Roofing the Seller in the cost of labour or Materials, materials which are beyond EME Roofingthe Seller’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Seller’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Seller’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Seller within three ten (310) working days. Failure to do so will entitle EME Roofing the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Seller’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Seller, which may be: (a) on completion or before Delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME Roofingthe Seller’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven for certain approved Clients, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven five (75) days following the date of any invoice given to the Client by EME Roofingthe Seller. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card for online ordering (a surcharge per transaction may apply per transactionapply), EFT Post or by any other method as agreed to between the Client and EME Roofingthe Seller. 5.7 EME Roofing The Seller may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Seller’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing the Seller nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Seller an amount equal to any GST EME Roofing the Seller must pay for any provision of Works supply by EME Roofing the Seller under this or any other agreementcontract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Services Agreement

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 Where the Client elects for fixed price Works, this shall be charged for on an hourly rate or per square metreage. 6.3 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability obscured site defects which require remedial work, health hazards and safety considerations, hidden locations of machinery, safety considerations (such as asbestos or other toxic hazardous materials), or prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of designcompleted, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials which are beyond EME Roofingthe Contractor’s control. 5.3 6.4 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.5 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.6 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) before commencement of the Works; or (c) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.7 Indent orders are required to be paid in full at time of ordering. 6.8 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with section 18 of the Construction Contracts Act 2002. 6.9 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.10 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.11 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in disputedispute unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. 5.9 6.12 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofingthe Supplier’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Supplier to the ClientCustomer; or (b) EME Roofing’s the Price as at the date of provision delivery of the Works, Goods according to EME Roofingthe Supplier’s current pricelistprice list; or (c) EME Roofingthe Supplier’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing The Supplier reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, limited access to the site, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed completed, inaccurate structural measurements provided by the Customer, or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing the Supplier in the cost of labour or Materials, materials which are beyond EME Roofingthe Supplier’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Supplier’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Supplier’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Supplier within three ten (310) working days. Failure to do so will entitle EME Roofing the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Supplier’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Supplier, which may be: (a) on completion before delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME Roofingthe Supplier’s specified progress payment schedule. Such progress payment claims may include , which shall be either; (i) for custom designed Goods: (A) forty percent (40%) non-refundable deposit upon acceptance of the reasonable value quote; (B) remaining balance due before delivery and/or collection of authorised variations the Goods; or (ii) where the Supplier is to supply and install the value Goods; (A) forty percent (40%) non-refundable deposit upon acceptance of any Materials delivered the quote; (B) remaining balance of the Goods to be installed will need to be paid hundred percent (100%) plus fifty percent (50%) of installation cost; (C) remaining balance of fifty percent (50%) of installation due on completion of the site but not yet installedServices; or (c) seven for certain approved Customers, due twenty (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Supplier. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge per transaction may apply per transactionapply), or by any other method as agreed to between the Client Customer and EME Roofingthe Supplier. 5.7 EME Roofing The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client Customer shall hold the retention money for the agreed period following completion of the Services during which time all Services are to be completed and/or all defects are to be remedied. Any Retention Monies applicable to this Contract, is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Xxx 0000. 5.9 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Supplier is a claim made under the Construction Contracts Xxx 0000. 5.9 5.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Supplier an amount equal to any GST EME Roofing the Supplier must pay for any provision of Works supply by EME Roofing the Supplier under this or any other agreementcontract for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingTMF’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing TMF to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingTMF’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon TMF provided that the period stated Customer shall accept TMF’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 TMF reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the site, availability of machineryobscured structural defects, incorrect measurements provided by the Customer, safety considerations (such as asbestos or other toxic materialsdiscovery of asbestos, etc.), prerequisite work by any third party not being completed completed, remedial work required due to existing workmanship being of a poor quality or not code compliantnon-compliant to the building code, obscured building defects (such as rot) which require remedial workhard rock barriers below the surface, change of designiron reinforcing rods in concrete, or hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing TMF in the cost of labour or Materials, Materials which are beyond EME RoofingTMF’s control. 5.3 6.3 Variations will be charged for on the basis of EME RoofingTMF’s quotation, and will be detailed in writing, and shown as variations on EME RoofingTMF’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing TMF within three ten (310) working days. Failure to do so will entitle EME Roofing TMF to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingTMF’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingTMF, which may be: (a) on or before completion of the Works;; or (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or thirty (c) seven (730) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (dc) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME RoofingTMF. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingTMF. 5.7 EME Roofing 6.7 TMF may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing TMF determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer TMF may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingTMF, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingTMF’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing TMF nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing TMF an amount equal to any GST EME Roofing TMF must pay for any provision of Works supply by EME Roofing TMF under this or any other agreementcontract for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofing’s Portcullis’ sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing Portcullis to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s the Price as at the date of provision delivery of the Works, Works according to EME Roofing’s Portcullis’ current pricelistprice list; or (c) EME Roofing’s Portcullis’ quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon Portcullis provided that the period stated Client shall accept Portcullis’ quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 Portcullis reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the sitesite access, ready availability of machineryMaterials, safety considerations (such as asbestos variations in quantity or other toxic materials)volume of Materials to be supplied, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured building defects (such as rot) which require remedial workhard rock or other barriers below the surface, change of designlatent soil conditions, iron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing Portcullis in the cost of labour or Materials, Materials which are beyond EME Roofing’s Portcullis’ control; and/or (e) in the event of fluctuations in foreign currency rates of exchange and/or international freight / insurance charges. 5.3 6.3 Variations will be charged for on the basis of EME Roofing’s Portcullis’ quotation, and will be detailed in writing, and shown as variations on EME Roofing’s Portcullis’ invoice. The Client shall be required to respond to any variation submitted by EME Roofing Portcullis within three ten (310) working days. Failure to do so will entitle EME Roofing Portcullis to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofing, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofing. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing. 5.7 EME Roofing may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofing, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing an amount equal to any GST EME Roofing must pay for any provision of Works by EME Roofing under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingMonash Glass’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Monash Glass to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingMonash Glass’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing Monash Glass reserves the right to change the Price (either verbally or in writing):change: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, ready availability of machineryGoods, safety considerations (such as asbestos or other toxic materials), prerequisite work inaccurate measurements supplied by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of designthe Client, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing Monash Glass in the cost of labour labour, materials or Materials, Goods which are beyond EME RoofingMonash Glass’s control. 5.3 Variations will be charged for on the basis of EME RoofingMonash Glass’s quotation, and will be detailed in writing, and shown as variations on EME RoofingMonash Glass’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing Monash Glass within three ten (310) working days. Failure to do so will entitle EME Roofing Monash Glass to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingMonash Glass’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingMonash Glass, which may be: (a) on completion delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME RoofingMonash Glass’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for noticesGoods are received by delivery and/or collection; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingMonash Glass. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingMonash Glass. 5.7 EME Roofing Monash Glass may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Monash Glass determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Monash Glass may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingMonash Glass, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingMonash Glass’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing Monash Glass nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Monash Glass an amount equal to any GST EME Roofing Monash Glass must pay for any provision of Works supply by EME Roofing Monash Glass under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Supplier’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Supplier to the ClientCustomer; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSupplier’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing 6.2 The Supplier reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) if during the course of the Services, the Goods are not or cease to be available from the Supplier’s third party suppliers, then the Supplier reserves the right to provide alternative Goods; or (d) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryobscured site defects which require remedial work (e.g. poor existing wiring, etc.), health hazards and safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rotthe discovery of asbestos) which require remedial work, change of design, etc.) which are only discovered on commencement of the WorksServices; or (da) in the event of increases to EME Roofing the Supplier in the cost of labour or Materials, materials which are beyond EME Roofingthe Supplier’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Supplier’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Supplier’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Supplier within three ten (310) working days. Failure to do so will entitle EME Roofing the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Supplier’s sole discretion, a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Supplier, which may be: (a) on completion Delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME Roofingthe Supplier’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven thirty (730) days following the end date of the month in which a statement is posted any invoice given to the Client’s address or address for noticesCustomer by the Supplier; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Supplier. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Supplier. 5.7 EME Roofing 6.7 The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 6.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Supplier an amount equal to any GST EME Roofing the Supplier must pay for any provision of Works supply by EME Roofing the Supplier under this or any other agreementagreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Services Agreements

Price and Payment. 5.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsavailability of machinery, limitations to accessing the siteWorksite, availability of machinerypoor weather conditions, obscured floor defects which require remedial work (including any unseen stains or repairs required), safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed completed, uneven work surfaces (due to sub-floor issues), grinding or not code compliantfilling of slab hollows where needed, obscured building defects (such as rot) which require remedial work, or change of design, design etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, Materials which are beyond EME Roofingthe Contractor’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works;; or (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or (c) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) for approved credit account holders either, fourteen (14) or thirty (30) days following the date of any invoice; or (e) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofing’s PDS’ sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing PDS to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s PDS’ quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing PDS reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability of machineryobscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Client, safety considerations (such as asbestos or other toxic materialsdiscovery of asbestos, etc.), prerequisite work by any third party not being completed completed, lack of required utilities, remedial work required due to existing workmanship being of a poor quality or not code compliantnon-compliant to the building code, obscured building defects (such as rot) which require remedial workhard rock barriers below the surface, change of designiron reinforcing rods in concrete or hidden pipes and wiring in walls, etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing PDS in the cost of labour or Materials, Goods which are beyond EME Roofing’s PDS’ control. 5.3 Variations will be charged for on the basis of EME Roofing’s PDS’ quotation, and will be detailed in writing, and shown as variations on EME Roofing’s PDS’ invoice. The Client shall be required to respond to any variation submitted by EME Roofing PDS within three ten (310) working days. Failure to do so will entitle EME Roofing PDS to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s PDS’ sole discretion, discretion a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingPDS, which may be: (a) on completion Delivery of the WorksGoods; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or for certain approved Clients, due twenty (c) seven (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (dc) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingPDS. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingPDS. 5.7 EME Roofing PDS may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing PDS determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing PDS may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingPDS, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s PDS’ Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing PDS nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by PDS is a claim made under the Construction Contracts Act 2002. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing PDS an amount equal to any GST EME Roofing PDS must pay for any provision of Works supply by EME Roofing PDS under this or any other agreementcontract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Service Agreement

Price and Payment. 5.1 4.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the Client; orClient in respect of Works performed or Materials supplied; (b) EME Roofingthe Contractor’s estimated Price at (subject to clause 4.2) which shall not be deemed binding upon the date of provision Contractor as the actual Price can only be determined upon completion of the Works, according . The Contractor undertakes to EME Roofing’s current pricelistkeep the Client informed should the actual Price look likely to exceed the original estimate; or (c) EME Roofingthe Contractor’s quoted price Price (subject to clause 5.24.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within twenty (720) days. 5.2 EME Roofing 4.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)Worksite access and/or crawl spaces, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured building defects (such as rot) which require remedial workhard rock or other barriers below the surface, change of designiron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials which are beyond EME Roofingthe Contractor’s control. 5.3 4.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 4.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 4.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or; (c) seven for certain approved Client’s, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 4.6 At the agreement of both parties, payment of the Price may be subject to retention by the Client of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Client shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015 and as such no Retention Money shall be use other than to remedy defects in the performance of the Contractor’s obligations under the Contract. 4.7 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 4.8 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 4.9 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. Nothing in this clause 4.9 prevents the Client from the ability to dispute any invoice. 5.9 4.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contractor Agreement

Price and Payment. 5.1 At EME RoofingExpoelle’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Expoelle to the Client; or (b) EME Roofing’s the Price as at the date of provision Delivery of the Works, Goods according to EME RoofingExpoelle’s current pricelistprice list; or (c) EME RoofingExpoelle’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing Expoelle reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryobscured site defects which require remedial work (e.g. poor existing wiring), health hazards and safety considerations (such as asbestos or other toxic materialsthe discovery of asbestos), availability of machinery, prerequisite work by any third party not being completed completed, hard rock barriers below the surface or not code compliantiron reinforcing rods in concrete, obscured building defects (such as rot) which require remedial work, change of design, hidden pipes and wiring/cabling etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing Expoelle in the cost of labour or Materialsmaterials (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to Expoelle in the cost of taxes, levies, freight and insurance charges etc.) which are beyond EME RoofingExpoelle’s control. 5.3 Variations will be charged for on the basis of EME RoofingExpoelle’s quotation, and will be detailed in writing, and shown as variations on EME RoofingExpoelle’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing Expoelle within three ten (310) working days. Failure to do so will entitle EME Roofing Expoelle to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingExpoelle’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingExpoelle, which may be: (a) on completion Delivery of the WorksGoods; (b) before Delivery of the Goods; (c) by way of instalments/progress payments in accordance with EME RoofingExpoelle’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (cd) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingExpoelle. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingExpoelle. 5.7 EME Roofing Expoelle may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Expoelle determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Expoelle may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingExpoelle, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingExpoelle’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing Expoelle nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Expoelle an amount equal to any GST EME Roofing Expoelle must pay for any provision of Works supply by EME Roofing Expoelle under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Service Agreement

Price and Payment. 5.1 6.1 At EME RoofingSME’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing SME to the Client; or (b) EME Roofing’s the Price as at the date of provision delivery of the Works, Services/Equipment according to EME RoofingSME’s current pricelistprice list; or (c) EME RoofingSME’s quoted price (subject to clause 5.26.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing 6.2 SME reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Services/Equipment which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as including the discovery of asbestos or other toxic materials)synthetic mineral fibres, quantity limits, prerequisite work by any third party not being completed completed, hard rock barriers below the surface, design changes or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, finding unsuitable or contaminated material and/or water etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing SME in the cost of labour or Materials, materials which are beyond EME RoofingSME’s control. 5.3 6.3 Variations will be charged for on the basis of EME RoofingSME’s quotation, and will be detailed in writing, and shown as variations on EME RoofingSME’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing SME within three ten (310) working days. Failure to do so will entitle EME Roofing SME to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s sole discretion, a non-refundable deposit may be required. 5.5 6.4 Time for payment for the Works Services/Equipment being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingSME, which may be: (a) on completion delivery of the WorksServices/Equipment; (b) before delivery of the Services/Equipment; (c) by way of instalments/progress payments in accordance with EME RoofingSME’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (cd) seven thirty (730) days following the end of the month in which a an invoice or statement is emailed or posted to the Client’s email address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingSME. 5.6 6.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingSME. 5.7 EME Roofing 6.6 No allowance has been made in the Price for the deduction of retentions. In the event that retentions are made, SME reserves the right to treat all retentions as placing the Client’s account into default. 6.7 SME may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing SME determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing SME may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingSME, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingSME’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsServices/Equipment. 5.8 6.8 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 EME Roofing SME nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing SME an amount equal to any GST EME Roofing SME must pay for any provision of Works supply by EME Roofing SME under this or any other agreementagreement for providing SME’s Services/Equipment. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price. 6.10 SME and the Client agree that where it is intended that the ownership of Incidental Items is to pass to the Client that such ownership shall not pass until: (a) the Client has paid SME all amounts owing for the Services/Equipment; and (b) the Client has met all other obligations due by the Client to SME in respect of all contracts between SME and the Client. 6.11 Receipt by SME 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 SME’s ownership or rights in respect of the Incidental Items shall continue.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 4.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.24.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 4.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials)Worksite access and/or crawl spaces, prerequisite work by any a third party not being completed completed, inaccurate measurements, plans or not code compliantspecifications supplied by the Client, obscured building defects (such as rot) which require remedial workhard rock or other barriers below the surface, change of designiron reinforcing rods in concrete, or hidden pipes and wiring, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials which are beyond EME Roofingthe Contractor’s control. 5.3 4.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 4.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 4.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site worksite but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (db) the date specified on any invoice or other form as being the date for payment; or (ec) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 4.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 4.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 4.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. Nothing in this clause 4.8 prevents the Client from the ability to dispute any invoice. 5.9 4.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingKairos’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Kairos to the Client; or (b) EME Roofing’s the Price as at the date of provision Delivery of the Works, Goods according to EME RoofingKairos’s current pricelistprice list; or (c) EME RoofingKairos’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing Kairos reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryobscured site defects which require remedial work (e.g. poor existing wiring), health hazards and safety considerations (such as asbestos or other toxic materialsthe discovery of asbestos), availability of machinery, prerequisite work by any third party not being completed completed, hard rock barriers below the surface or not code compliantiron reinforcing rods in concrete, obscured building defects (such as rot) which require remedial work, change of design, hidden pipes and wiring/cabling etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing Kairos in the cost of labour or Materialsmaterials (including, but not limited to, any variation as a result of fluctuations in currency exchange rates or increases to Kairos in the cost of taxes, levies, freight and insurance charges etc.) which are beyond EME RoofingKairos’s control. 5.3 Variations will be charged for on the basis of EME RoofingKairos’s quotation, and will be detailed in writing, and shown as variations on EME RoofingKairos’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing Kairos within three ten (310) working days. Failure to do so will entitle EME Roofing Kairos to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingKairos’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingKairos, which may be: (a) on completion Delivery of the WorksGoods; (b) before Delivery of the Goods; (c) by way of instalments/progress payments in accordance with EME RoofingKairos’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (cd) seven thirty (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingKairos. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingKairos. 5.7 EME Roofing Kairos may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Kairos determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Kairos may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingKairos, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingKairos’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing Kairos nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Kairos an amount equal to any GST EME Roofing Kairos must pay for any provision of Works supply by EME Roofing Kairos under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingArchiclad’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Archiclad to the ClientCustomer; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingArchiclad’s quoted price (subject to clause 5.2) which 5.2which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing Archiclad reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due if during the course of the Services, the Goods cease to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any be available from Archiclad’s third party not being completed or not code compliantsuppliers, obscured building defects (such as rot) which require remedial workthen Archiclad reserves the right to provide alternative Goods, change subject to prior confirmation and agreement of design, etc.) which are only discovered on commencement of the Worksboth parties; or (d) in the event of increases to EME Roofing Archiclad in the cost of labour or Materials, materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME RoofingArchiclad’s control. 5.3 Variations will be charged for on the basis of EME RoofingArchiclad’s quotation, and will be detailed in writing, and shown as variations on EME RoofingArchiclad’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing Archiclad within three ten (310) working days. Failure to do so will entitle EME Roofing Archiclad to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingArchiclad’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME RoofingArchiclad, which may be: (a) on completion of the Worksbefore Delivery; (b) by way of instalments/progress payments in accordance with EME RoofingArchiclad’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven thirty (730) days following the date end of any invoice given the month in which the invoice/s and/or statement is posted to the Client by EME RoofingCustomer’s address or address for notices. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card – excluding Diners (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME RoofingArchiclad. 5.7 EME Roofing Archiclad may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing Archiclad determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer Archiclad may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingArchiclad, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingArchiclad’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing Archiclad nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, Price the Client Customer must pay to EME Roofing Archiclad an amount equal to any GST EME Roofing Archiclad must pay for any provision of Works supply by EME Roofing Archiclad under this or any other agreementagreement for the sale of the Goods. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties (including, but not limited to, stamp duty) that may be applicable in addition to the Price except where they are expressly included in the Price. 5.10 Receipt by Archiclad 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 Archiclad’s rights and ownership in relation to the Goods, and this agreement, shall continue.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME RoofingPHC’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing PHC to the Client in respect of Works safe for the installation to proceed. PHC may in agreement with the Client bring the property up to a standard suitable for installation to proceed but all such Works undertaken and any additional Materials supplied shall be treated as a variation and be charged for in addition to the Price. times to enable them to undertake the Works. PHC shall not be liable for any loss or damage to the Worksite (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas), unless due to the negligence of PHC. performed or Materials supplied; or 9.4 Where PHC gives advice or recommendations to the Client; or, or the Client’s agent, 11.2 Worksite Inductions (b) EME RoofingPHC’s Price at the date of provision delivery of the Works, Works according to EME RoofingPHC’s current pricelist; or (c) EME RoofingPHC’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon PHC provided that the period stated Client shall accept PHC’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 PHC reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations regarding the suitability of the Worksite for the installation of the Materials or similar works and such advice or recommendations are not acted upon then PHC shall require the Client or their agent to accessing authorise commencement of the site, availability of machinery, safety considerations (such as asbestos Works in writing. PHC shall not be liable in any way whatsoever for any damages or other toxic materials), prerequisite work by losses that occur after any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on subsequent commencement of the Works; or (d) in the event of increases to EME Roofing in the cost of labour or Materials, which are beyond EME Roofing’s control. 5.3 Variations will be charged for on the basis of EME Roofing’s quotation, and will be detailed in writing, and shown as variations on EME Roofing’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing within three (3) working days. Failure to do so will entitle EME Roofing to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofing, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofing. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing. 5.7 EME Roofing may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofing, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 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 EME Roofing nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing an amount equal to any GST EME Roofing must pay for any provision of Works by EME Roofing under this or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Construction Contract

Price and Payment. 5.1 At EME Roofingthe Seller’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing the Seller to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSeller’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing The Seller reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) if during the course of the Services, the Goods are not or cease to be available from the Seller’s third party supplier, then the Seller reserves the right to provide alternative Goods (or components of the Goods); or (d) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machineryobscured site defects which require remedial work, safety considerations (such as asbestos hard rock barriers below the surface, incorrect or other toxic materials)inaccurate plans/specifications provided by the Client, changes to the excavation works, prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.completed) which are only discovered on commencement of the WorksServices; or (de) in the event of increases to EME Roofing the Seller in the cost of labour or Materials, materials which are beyond EME Roofingthe Seller’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Seller’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Seller’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Seller within three ten (310) working days. Failure to do so will entitle EME Roofing the Seller to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Seller’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Seller, which may be: (a) on completion of the Works; thirty (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (730) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (db) the date specified on any invoice or other form as being the date for payment; or (ec) failing any notice to the contrary, the date which is seven fourteen (714) days following the date of any invoice given to the Client by EME Roofingthe Seller. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofingthe Seller. 5.7 EME Roofing The Seller may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Seller’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 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 EME Roofing the Seller nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Seller an amount equal to any GST EME Roofing the Seller must pay for any provision of Works supply by EME Roofing the Seller under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Service Agreement

Price and Payment. 5.1 6.1 At EME RoofingLux Electrical’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing Lux Electrical to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s the Price as at the date of provision delivery of the Works, Works according to EME RoofingLux Electrical’s current pricelistprice list; or (c) EME RoofingLux Electrical’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon Lux Electrical provided that the period stated Client shall accept Lux Electrical’s quotation in the quotation or otherwise for a period of seven writing within sixty (760) days. 5.2 EME Roofing 6.2 Lux Electrical reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor inclement weather conditions, high winds, limitations to accessing the site, availability of machinerysite accessibility, safety considerations and/or health hazards (such as asbestos or other toxic materialsthe discovery of asbestos), prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial workdefects, change of designhidden wiring in walls, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing Lux Electrical in the cost of labour or Materials, Materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME RoofingLux Electrical’s control. 5.3 6.3 Variations will be charged for on the basis of EME RoofingLux Electrical’s quotation, and will be detailed in writing, and shown as variations on EME RoofingLux Electrical’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing Lux Electrical within three ten (310) working days. Failure to do so will entitle EME Roofing Lux Electrical to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME RoofingLux Electrical’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingLux Electrical, which may be: (a) before delivery of the Materials and/or commencement of the Works; or (b) on delivery of the Materials and/or on completion of the Works;; or (bc) by way of progress payments in accordance with EME RoofingLux Electrical’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven fourteen (714) days following the date of any invoice given to the Client by EME RoofingLux Electrical. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingLux Electrical. 5.7 EME Roofing 6.7 No allowance has been included within the quotation for Works to be carried out outside of Lux Electrical’s normal working hours. 6.8 Lux Electrical may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Lux Electrical determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Lux Electrical may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingLux Electrical, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingLux Electrical’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.9 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 EME Roofing Lux Electrical nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 6.10 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Lux Electrical an amount equal to any GST EME Roofing Lux Electrical must pay for any provision of Works supply by EME Roofing Lux Electrical under this or any other agreementcontract for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofing’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME Roofing’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven (7) days. 5.2 EME Roofing reserves the right to change the Price (either verbally or in writing): (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing in the cost of labour or Materials, which are beyond EME Roofing’s control. 5.3 Variations will be charged for on the basis of EME Roofing’s quotation, and will be detailed in writing, and shown as variations on EME Roofing’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing within three (3) working days. Failure to do so will entitle EME Roofing to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofing’s sole discretion, a non-refundable deposit may be required. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingRoofing at its sole discretion, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofing. 5.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME Roofing. 5.7 EME Roofing may may, in its discretion allocate any payment received from the Client towards any invoice that EME Roofing determines and may do so at the time of receipt or at any time afterwards. On any default by the Client Client, EME Roofing may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofing, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofing’s Purchase Money Security Interest (as defined in the Personal Property Securities Act 2009 (Cth) “PPSA) in the Materials. 5.8 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 EME Roofing nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 Unless otherwise stated stated, the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing an amount equal to any GST EME Roofing and the Client must pay for any provision of Works performed by EME Roofing under this Contract or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME Roofingthe Supplier’s sole discretion, the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Supplier to the ClientCustomer in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingSupplier’s quoted price Price (subject to clause 5.2) which will shall be valid for binding upon the period stated Supplier provided that the Customer shall accept the Supplier’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing The Supplier reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, obscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Customer, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any third party not being completed or not code compliantcompleted, obscured building defects (such as rot) which require remedial work, change of changes to design, the presence of rot or other defects in the existing structure etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Supplier in the cost of labour or Materials, materials which are beyond EME Roofingthe Supplier’s control. 5.3 Variations will be charged for on the basis of EME Roofingthe Supplier’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Supplier’s invoice. The Client Customer shall be required to respond to any variation submitted by EME Roofing the Supplier within three ten (310) working days. Failure to do so will entitle EME Roofing the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME Roofingthe Supplier’s sole discretion, a non-refundable deposit may be required. For quotations that specify the retroGLAZE® brand in Works including double- glazing units: (a) a payment of 50% of the quotation price as security for costs (‘Initial Payment’) is payable on Customer acceptance of the quotation (10% immediately and 40% prior to the ordering of materials); payment of the remaining balance of the Price (including any variations) is payable as specified in Clause 5.5. (b) The Customer shall effect the Initial Payment by transfer of funds to the DG Assure nominated bank account, being an account held by Retroglaze Network LP as bare trustee for the Supplier on behalf of the Customer on the terms of the Contract. (c) Retroglaze Network LP shall hold the Initial Payment on behalf of the Supplier and the Customer in its DG Assure System, to be applied to goods and services provided to the Customer in accordance with the terms of the Contract unless otherwise agreed by the parties. The Supplier is entitled to deduct from the Initial Payment any costs of goods and services provided to the Customer or for which the Supplier has committed to pay. (d) Payment of the remaining balance of the Price (including any variations) shall be payable direct to an account nominated by the Supplier and becomes due and payable on completion of the Works. 5.5 Time for payment for the Works being of the essence, the Price will be payable by the Client Customer on the date/s determined by EME Roofingthe Supplier, which may be: (a) on completion of the Works; (b) by way of progress payments in accordance with EME Roofing’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or for certain approved Customers, due twenty (c) seven (720) days following the end of the month in which a statement is posted to the ClientCustomer’s address or address for notices; (dc) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client Customer by EME Roofingthe Supplier. 5.6 A credit card may be requested at the time the work is authorised. Should payment not be received by the due date shown on the invoice, the Supplier may debit the credit card the amount owing plus any applicable credit card fees. 5.7 At the agreement of both parties, payment of the Price may be subject to retention by the Customer of an amount (hereafter called the "Retention Money"), being a set amount or equal to a percentage of the Price. The Customer shall hold the Retention Money for the agreed period following completion of the Works during which time all Works are to be completed and/or all defects are to be remedied. Any Retention Money applicable to this Contract is to be dealt with in accordance with Subpart 2A - sections 18(a) to 18(i) of the Construction Contracts Amendment Act 2015 and as such no Retention Money shall be used other than to remedy defects in the performance of the Contractor’s obligations under the Contract. 5.8 Payment may be made by cash, cheque, bank chequeEFTPOS, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client Customer and EME Roofingthe Supplier. 5.7 EME Roofing 5.9 The Supplier may in its discretion allocate any payment received from the Client Customer towards any invoice that EME Roofing the Supplier determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Customer the Supplier may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Supplier, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Supplier’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 5.10 The Client Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client Customer by EME Roofing the Supplier nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Supplier is a claim made under the Construction Contracts Xxx 0000. Nothing in this clause 5.10 prevents the Customer from the ability to dispute any invoice. 5.9 5.11 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client Customer must pay to EME Roofing the Supplier an amount equal to any GST EME Roofing the Supplier must pay for any provision of Works supply by EME Roofing the Supplier under this or any other agreementagreement for the sale of the Materials. The Client Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client Customer pays the Price. In addition, the Client Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 6.1 At EME Roofingthe Contractor’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice invoices provided by EME Roofing the Contractor to the ClientClient in respect of Works performed or Materials supplied; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingContractor’s quoted price Price (subject to clause 5.26.2) which will shall be valid for binding upon the period stated Contractor provided that the Client shall accept the Contractor’s quotation in the quotation or otherwise for a period of seven writing within thirty (730) days. 5.2 EME Roofing 6.2 The Contractor reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials which are to be supplied is requested; or; (b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested; or; (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high windsweather, limitations to accessing the siteWorksite, availability of machineryobscured building/Worksite defects, incorrect measurements, plans and/or specifications provided by the Client, safety considerations (such as asbestos or other toxic materialsdiscovery of additional asbestos, etc.), prerequisite work by any third party not being completed completed, lack of required utilities, remedial work required due to existing workmanship being of a poor quality or not code compliant, obscured non-compliant to the building defects (such as rot) which require remedial work, change of designcode, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing the Contractor in the cost of labour or Materials, materials which are beyond EME Roofingthe Contractor’s control. 5.3 6.3 Variations will be charged for on the basis of EME Roofingthe Contractor’s quotation, and will be detailed in writing, and shown as variations on EME Roofingthe Contractor’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing the Contractor within three ten (310) working days. Failure to do so will entitle EME Roofing the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 6.4 At EME Roofingthe Contractor’s sole discretion, discretion a non-refundable deposit may be required. 5.5 6.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by EME Roofingthe Contractor, which may be: (a) on On or before completion of the Works; (b) by way of progress payments in accordance with EME Roofingthe Contractor’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site Worksite but not yet installed; or; (c) seven for certain approved Clients, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME Roofingthe Contractor. 5.6 6.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), banking or by any other method as agreed to between the Client and EME Roofingthe Contractor. 5.7 EME Roofing 6.7 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME Roofingthe Contractor, payment will be deemed to be allocated in such manner as preserves the maximum value of EME Roofingthe Contractor’s Purchase Money Security Interest (as defined in the PPSA) in the Materials. 5.8 6.8 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 EME Roofing the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute, unless the request for payment by the Contractor is a claim made under the Construction Contracts Act 2002. 5.9 6.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing the Contractor an amount equal to any GST EME Roofing the Contractor must pay for any provision of Works supply by EME Roofing the Contractor under this or any other agreementagreement for the sale of the Materials. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 7.1 At EME RoofingAlchemis’s sole discretion, discretion the Price shall be either: (a) as indicated on any invoice provided by EME Roofing Alchemis to the Client; or (b) EME Roofing’s the Price as at the date of provision Delivery of the Works, Goods according to EME RoofingAlchemis’s current pricelistprice list; or (c) EME RoofingAlchemis’s quoted price (subject to clause 5.27.2) which will be valid for the period stated in the quotation or otherwise for a period of seven thirty (730) days. 5.2 EME Roofing 7.2 Alchemis reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation during the course of the Services, the Goods cease to be available from Alchemis’s third party suppliers, then Alchemis reserves the Works originally scheduled (including any applicable plans or specifications) is requestedright to provide alternative Goods, subject to prior confirmation and agreement of both parties; or (c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations to accessing the site, availability of machinery, safety considerations (such as asbestos or other toxic materials), prerequisite work by any third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial work, change of design, etc.) which are only discovered on commencement of the Works; or (d) in the event of increases to EME Roofing Alchemis in the cost of labour or Materials, materials (including but not limited to overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME RoofingAlchemis’s control. 5.3 7.3 Variations will be charged for on the basis of EME RoofingAlchemis’s quotation, and will be detailed in writing, and shown as variations on EME RoofingAlchemis’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing Alchemis within three ten (310) working days. Failure to do so will entitle EME Roofing Alchemis to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 7.4 At EME RoofingAlchemis’s sole discretion, discretion a non-refundable deposit may be required. 5.5 7.5 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingAlchemis, which may be: (a) on completion Delivery of the WorksGoods; (b) before Delivery of the Goods; (c) by way of instalments/progress payments in accordance with EME RoofingAlchemis’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (cd) seven for certain approved Clients, due twenty (720) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (de) the date specified on any invoice or other form as being the date for payment; or (ef) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by EME RoofingAlchemis. 5.6 7.6 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge per transaction may apply per transactionapply), or by any other method as agreed to between the Client and EME RoofingAlchemis. 5.7 EME Roofing 7.7 Alchemis may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Alchemis determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Alchemis may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingAlchemis, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingAlchemis’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 7.8 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 EME Roofing Alchemis nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 7.9 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Alchemis an amount equal to any GST EME Roofing Alchemis must pay for any provision of Works supply by EME Roofing Alchemis under this or any other agreementcontract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

Price and Payment. 5.1 At EME RoofingWeldone’s sole discretion, the Price shall be either: (a) as indicated on any invoice provided by EME Roofing to the Client; or (b) EME Roofing’s Price at the date of provision of the Works, according to EME Roofing’s current pricelist; or (c) EME RoofingWeldone’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of seven sixty (760) days. 5.2 EME Roofing Weldone reserves the right to change the Price (either verbally or in writing):Price: (a) if a variation to the Materials Goods which are to be supplied is requested; or (b) if a variation to the Works Services originally scheduled (including any applicable plans or specifications) is requested; or (c) where additional Works Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, high winds, limitations or changes to accessing the sitesite or site conditions, availability of machinery, safety considerations (such as asbestos or other toxic materials)considerations, prerequisite work by any a third party not being completed or not code compliant, obscured building defects (such as rot) which require remedial workcompleted, change of design, hidden pipes and wiring in walls etc.) which are only discovered on commencement of the WorksServices; or (d) in the event of increases to EME Roofing Weldone in the cost of labour or Materialsmaterials (including but not limited to fluctuations in metal prices, overseas transactions that may increase as a consequence of variations in foreign currency rates of exchange and/or international freight and insurance charges) which are beyond EME RoofingWeldone’s control. 5.3 Variations will be charged for on the basis of EME Roofing’s quotation, and will be detailed in writing, and shown as variations on EME Roofing’s invoice. The Client shall be required to respond to any variation submitted by EME Roofing within three (3) working days. Failure to do so will entitle EME Roofing to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion. 5.4 At EME RoofingWeldone’s sole discretion, a non-refundable deposit may be required. 5.5 5.4 Time for payment for the Works Goods being of the essence, the Price will be payable by the Client on the date/s determined by EME RoofingWeldone, which may be: (a) on completion Delivery of the WorksGoods; (b) by way of instalments/progress payments in accordance with EME RoofingWeldone’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed; or; (c) seven (7) days following the end of the month in which a statement is posted to the Client’s address or address for notices; (d) the date specified on any invoice or other form as being the date for payment; or (ed) failing any notice to the contrary, the date which is seven fourteen (714) days following the date of any invoice given to the Client by EME RoofingWeldone. 5.6 5.5 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and EME RoofingWeldone. 5.7 EME Roofing 5.6 Weldone may in its discretion allocate any payment received from the Client towards any invoice that EME Roofing Weldone determines and may do so at the time of receipt or at any time afterwards. On any default by the Client EME Roofing Weldone may re-allocate any payments previously received and allocated. In the absence of any payment allocation by EME RoofingWeldone, payment will be deemed to be allocated in such manner as preserves the maximum value of EME RoofingWeldone’s Purchase Money Security Interest (as defined in the PPSA) in the MaterialsGoods. 5.8 5.7 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 EME Roofing Weldone nor to withhold payment of any invoice because part of that invoice is in dispute. 5.9 5.8 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to EME Roofing Weldone an amount equal to any GST EME Roofing Weldone must pay for any provision of Works supply by EME Roofing Weldone under this or any other agreementagreement for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Appears in 1 contract

Samples: Contract

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