Risk. 9.1 If Pit Stop retains ownership of the Parts under clause 10 then: (a) where Pit Stop is supplying Parts only, all risk for the Parts shall immediately pass to the Customer on delivery and the Customer must insure the Parts on or before delivery. Delivery of the Parts shall be deemed to have taken place immediately at the time that either: (i) the Customer or the Customer’s nominated carrier takes possession of the Parts at Pit Stop’s address; or (ii) the Parts are delivered by Pit Stop or Pit Stop’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address). 9.2 Notwithstanding the provisions of clause 9.1 if the Customer specifically requests Pit Stop to leave Parts outside Pit Stop’s premises for collection or to deliver the Parts to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts are insured adequately or at all. In the event that such Parts are lost, damaged or destroyed then replacement of the Parts shall be at the Customer’s expense. 9.3 The Customer acknowledges and accepts that: (a) where Pit Stop has performed temporary repairs on the vehicle that: (i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and (ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and (b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and (c) Pit Stop is only responsible for Parts that are replaced by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising. 9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees. 9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk. 9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 2 contracts
Risk. 9.1 8.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 16 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer on delivery and the Customer must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the Customer’s expense.
9.3 8.3 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
8.4 The installation of some appliances can cause water hammer or damage to existing pipe work. The Customer agrees to indemnify the Contractor against any such loss, damage or claim that may arise if the existing pipe work is unable to accommodate the installation of the Materials.
8.5 The Customer warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any plumbing connections (including, but not limited to, meter boxes, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing, dangerous access to crawl spaces or latent or unfavourable soil conditions such as liquefaction residue or risk) that the Contractor, or the Contractor’s employees, reasonably form the opinion that the Customer’s premises is not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with the provisions of clause 7.2 above) until the Contractor is satisfied that it is safe for the installation to proceed.
8.6 The Customer acknowledges and accepts that:
(a) choked drains generally indicate pipelines are not fully efficient (i.e. breakages, cracks, negative fall or tree root entry); the drain line cannot be repaired or rectified just by clearing it on its own. Once cleared, the Contractor cannot give any guarantee against reoccurrence or further damage. In the event that the Customer requests the Contractor to use drain/pipe unblocking equipment (including but not limited to, CCTV camera or an electric eel), and the Contractor does not recommend the use of such equipment due to the risk of the equipment becoming lodged or stuck, the Contractor may require the Customer or their agent to authorise commencement of the Works in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Customer shall be responsible for the cost of repair, replacement and/or retrieval of said equipment;
(b) where Pit Stop the Contractor has performed temporary repairs on the vehicle that:
(i) Pit Stop the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop the Contractor will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and;
(c) Pit Stop the Contractor is only responsible for Parts components that are replaced by Pit Stop the Contractor and does not at any stage accept any liability in respect of previous goods and/or services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure;
(d) under no circumstances, will the Contractor handle removal of asbestos product. In the event asbestos (or other hazardous material) is discovered on the Worksite:
(i) the Contractor shall suspend the Works;
(ii) the Customer agrees to indemnify Pit Stop against shall be fully responsible for the resolution of any loss or damage resulting problems; and
(iii) any additional cost incurred by the Contractor shall be added to the PartsPrice under clause 6.2;
(e) Materials supplied may:
(i) fade or change colour over time;
(ii) expand, contract or distort as a result of exposure to heat, cold, weather;
(iii) mark or stain if exposed to certain substances;
(iv) be damaged or disfigured by impact or scratching; and
(v) create undesirable smells caused by the Parts, or any part thereof howsoever arisinga system as a result of its normal operation.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 2 contracts
Risk. 9.1 6.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 8 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
6.2 Notwithstanding the provisions of clause 9.1 6.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 6.3 The Customer Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
6.4 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any plumbing connections (including, but not limited to, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing or latent or unfavourable soil conditions such as liquefaction residue or risk) that the Contractor, or the Contractor’s employees, reasonably form the opinion that the Client’s premises is not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with the provisions of clause 5.2 above) until the Contractor is satisfied that it is safe for the installation to proceed.
6.5 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, 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 the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
6.6 The Client acknowledges and accepts that:
(a) choked drains generally indicate pipelines are not fully efficient (i.e. breakages, cracks, negative fall or tree root entry); the drain line cannot be repaired or rectified just by clearing it on its own. Once cleared, the Contractor cannot give any guarantee against reoccurrence or further damage. In the event that the Client requests the Contractor to use drain/pipe unblocking equipment (including but not limited to, CCTV camera or an electric eel), and the Contractor does not recommend the use of such equipment due to the risk of the equipment becoming lodged or stuck, the Contractor may require the Client or their agent to authorise commencement of the Works in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall be responsible for the cost of repair, replacement and/or retrieval of said equipment; and
(b) where Pit Stop the Contractor has performed temporary repairs on the vehicle that:
(i) Pit Stop the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop the Contractor will immediately advise the Customer Client of the fault and shall provide the Customer Client with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop the Contractor is only responsible for Parts components that are replaced by Pit Stop the Contractor and does not at any stage accept any liability in respect of previous goods and/or services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure; and
(d) under no circumstances, will the Customer agrees to indemnify Pit Stop against Contractor handle removal of asbestos product. In the event asbestos (or other hazardous material) is discovered on the Worksite:
(i) the Contractor shall suspend the Works; and
(ii) the Client shall be fully responsible for the resolution of any loss or damage resulting problems; and
(iii) any additional cost incurred by the Contractor shall be added to the PartsPrice under clause 4.2; and
(e) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop change colour over time. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching; and
(v) create undesirable smells caused by a system as a result of its normal operation.
6.7 The Contractor is not insured to remove furniture or fittings and will not do so, nor is the Contractor licensed to move electrical appliances.
6.8 Where the Contractor requires that Materials, tools etc. required for the loss of Works be stored at the Worksite, the Client shall supply the Contractor a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in damage. In the event that any of a call-out: it the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the CustomerClient’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employeesresponsibility.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contractor Agreement
Risk. 9.1 7.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 11 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
7.2 Notwithstanding the provisions of clause 9.1 7.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 7.3 The Customer Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and Works incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
7.4 In the event asbestos or any other toxic substances are discovered at the site that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify the Contractor against any costs incurred by the Contractor as a consequence of such discovery and the subsequent engagement of third-party contractors for the removal of such substances. This will be charged for as a variation in accordance with 5.2. Under no circumstances will the Contractor handle removal of asbestos product.
7.5 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
7.6 The Contractor shall upon installation ensure that all Materials are to be installed in a manner that is fully compliant with industry standards. If, for any reason, the Client specifically requires the Materials to be installed in any way which goes against the Contractor’s recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to the Contractor. Accordingly, the Contractor offers no warranty in regards to the aforementioned.
7.7 Where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges and accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. The Contractor shall not be responsible for any defects in the Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client. Furthermore, whilst every care shall be taken by the Contractor, any loss or damage to the Client’s materials and/or existing fixtures, fittings or property during Works by the Contractor shall be at the Client’s own risk.
7.8 The Contractor is only responsible for Materials that are replaced by the Contractor, and in the event that other components, subsequently fail, the Client agrees to indemnify the Contractor against any loss or damage to the Works, or caused by the components, or any part thereof howsoever arising.
7.9 The Client acknowledges and accepts that:
(a) unless otherwise quoted, any additional excavation, dewatering or other supportive work required shall be charged for as a variation unless otherwise agreed in writing between the Client and the Contractor. Quotation is based on excavation of clean soils only; and
(b) existing soils shall be returned to excavation areas, where Pit Stop possible, and the ground shall be left filled. Landscaping and concreting works are not included in the Quotation unless specified in writing. Where the Contractor is to provide concreting and landscape work shall be charged for as a variation in accordance with clause 5.2; and
(c) where the Contractor is requested to use drain/pipe unblocking equipment (including, but not limited to, high-pressure hoses, electrical eels, Closed Circuit Television (CCTV), plungers etc.) due to the presence of plant or tree root growth and/or other blockages, and the Contractor does not recommend the use of such equipment, due to the risk of the equipment becoming lodged or stuck, as the blockages may indicate damaged pipe work, the Contractor will immediately advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work; and
(d) the Contractor may require the Client or their agent to authorise commencement of the Works in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall be responsible for the cost of repair, replacement and/or retrieval of said equipment; and
(e) the Contractor can offer no guarantee against reoccurrence or further damage as per clause 7.9(c) or that the high-pressure hose, electric eel, CCTV, plunger or equipment used will unblock the pipes and/or drain.
(f) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(g) where the Contractor has performed temporary repairs on the vehicle that:
(i) Pit Stop the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop the Contractor will immediately advise the Customer Client of the fault and shall provide the Customer Client with an estimate for the full repair required; and.
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and 7.10 The Contractor shall not be held liable responsible for any loss, damages or costs howsoever resulting; and
(c) Pit Stop is only responsible for Parts that are replaced by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss or damage to the Parts, or Works caused by outside agents. Where the Parts, or Client requests the Contractor to repair such damage then the Contractor reserves the right to charge the Client for any part thereof howsoever arisingcosts incurred in rectifying such damage.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contract
Risk. 9.1 If Pit Stop the Company retains ownership of the Parts Materials under clause 10 13 then:
(a) where Pit Stop the Company is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer on delivery and the Customer must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:;
(i) the Customer or the Customer’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Company’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Company or Pit Stopthe Company’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
(b) where the Company is to both supply and install Materials then the Company shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
9.2 Notwithstanding the provisions of clause 9.1 if the Customer specifically requests Pit Stop the Company to leave Parts Materials outside Pit Stopthe Company’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the Customer’s expense.
9.3 The Customer warrants that the structure of the premises or equipment in or upon which the Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Company shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
9.4 Any advice, recommendation, information, assistance or service provided by the Company in relation to Materials or Works supplied is given in good faith, is based on the Company’s own knowledge and experience and shall be accepted without liability on the part of the Company and it shall be the responsibility of the Customer to confirm the accuracy and reliability of the same in light of the use to which the Customer makes or intends to make of the Materials or Works.
9.5 The Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in the Company’s fact sheets, price lists or advertising material are indicative only and that they have not relied on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; andsuch information;
(b) in the event asbestos or any other toxic substances are discovered at the Customer requests Pit Stop worksite that it is their responsibility to work on a vehicle, and leaves ensure the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security safe removal of the vehicle or same. The Customer further agrees to indemnify the keysCompany against any costs incurred by the Company as a consequence of such discovery. Under no circumstances will the Company handle removal of asbestos product, unless otherwise agreed between the Company and shall not be held liable for any loss, damages or costs howsoever resulting; andthe Customer;
(c) Pit Stop the Company’s quotation for repairs to existing roofs shall be based only on the replacement of damaged roofing/cladding and/or any other roofing materials and shall not include the replacement of roofing/cladding and/or any other roofing materials with slight imperfections unless authorised by the Customer prior to the commencement of the Works. If the Customer requests the replacement of roofing/cladding and/or any other roofing materials that have slight imperfections but the Company does not deem to be defective or affect the integrity of the roof then this shall be a variation to the original quotation and clause 6.2 will apply;
(d) the Company is only responsible for Parts parts that are replaced by Pit Stop the Company and does not at any stage accept any liability that in respect of previous services and/or goods supplied by any the event that other third party that parts/goods, subsequently fail and found to be the source of the failurefail, the Customer agrees to indemnify Pit Stop the Company against any loss or damage to the PartsWorks, or caused by the Partsthereby, or any part thereof howsoever arising.; and
9.4 Pit Stop shall not be liable for the loss of (e) no persons other than those authorised or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused employed by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility Company are to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests walk on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable treated roof surface for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct a period of Pit Stop or its employees.twenty-one
Appears in 1 contract
Samples: Contract
Risk. 9.1 8.1 If Pit Stop H2-Pro retains ownership of the Parts Materials under clause 10 11 then:
(a) where Pit Stop H2-Pro is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier takes possession of the Parts Materials at Pit StopH2-Pro’s address; or
(ii) the Parts Materials are delivered by Pit Stop H2-Pro or Pit StopH2- Pro’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where H2-Pro is to both supply and install Materials then H2-Pro shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer Client specifically requests Pit Stop H2-Pro to leave Parts Materials outside Pit StopH2-Pro’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 8.3 The Customer Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any plumbing connections (including, but not limited to, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing or latent or unfavourable soil conditions such as liquefaction residue or risk) that H2-Pro, or H2-Pro’s employees, reasonably form the opinion that the Client’s premises is not safe for the Works to proceed then H2-Pro shall be entitled to delay the provision of the Works (in accordance with the provisions of clause 7.2 above) until H2-Pro is satisfied that it is safe for the installation to proceed.
8.4 In the event asbestos or any other toxic substances are discovered at the site that it is their responsibility to ensure the safe removal of the same. The Client further agrees to indemnify H2-Pro against any costs incurred by H2-Pro as a consequence of such discovery and the subsequent engagement of third-party H2-Pros for the removal of such substances. This will be charged for as a variation in accordance with clause 6.2. Under no circumstances will H2-Pro handle removal of asbestos product.
8.5 H2-Pro shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, H2-Pro accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
8.6 All descriptive specifications, illustrations, drawings, data, dimensions, ratings and weights stated in H2- Pro’s or the manufacturers’ fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by H2-Pro.
8.7 H2-Pro shall upon installation ensure that all Materials are to be installed in a manner that is fully compliant with industry standards. If, for any reason, the Client specifically requires the Materials to be installed in any way which goes against H2-Pro’s recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to H2-Pro. Accordingly, H2-Pro offers no warranty in regards to the aforementioned.
8.8 Where the Client has supplied materials for H2-Pro to complete the Works, the Client acknowledges and accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. H2-Pro shall not be responsible for any defects in the Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client. Furthermore, whilst every care shall be taken by H2-Pro, any loss or damage to the Client’s materials and/or existing fixtures, fittings or property during Works by H2-Pro shall be at the Client’s own risk.
8.9 H2-Pro is only responsible for Materials that are replaced by H2-Pro, and in the event that other components, subsequently fail, the Client agrees to indemnify H2-Pro against any loss or damage to the Works, or caused by the components, or any part thereof howsoever arising.
8.10 The presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where H2-Pro is requested to merely clear such blockages, H2-Pro can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, H2-Pro will immediately advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work.
8.11 The Client acknowledges and accepts that where H2- Pro has performed temporary repairs that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop H2-Pro offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(iib) Pit Stop H2-Pro will immediately advise the Customer Client of the fault and shall provide the Customer Client with an estimate for the full repair required.
8.12 The Client also acknowledges that Materials supplied may:
(a) exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. H2-Pro will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(b) in the event the Customer requests Pit Stop expand, contract or distort as a result of exposure to work on a vehicleheat, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattendedcold, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resultingweather; and
(c) Pit Stop is only responsible for Parts that are replaced mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss impact or damage to the Parts, or scratching; and
(e) create undesirable smells caused by the Parts, or any part thereof howsoever arisinga system as a result of its normal operation.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contract
Risk. 9.1 6.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 8 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
6.2 Notwithstanding the provisions of clause 9.1 6.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 6.3 The Customer Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
6.4 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any plumbing connections (including, but not limited to, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing or latent or unfavourable soil conditions such as liquefaction residue or risk) that the Contractor, or the Contractor’s employees, reasonably form the opinion that the Client’s premises is not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with the provisions of clause 5.2 above) until the Contractor is satisfied that it is safe for the installation to proceed.
6.5 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, 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 the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
6.6 The Client acknowledges and accepts that:
(a) choked drains generally indicate pipelines are not fully efficient (i.e. breakages, cracks, negative fall or tree root entry); the drain line cannot be repaired or rectified just by clearing it on its own. Once cleared, the Contractor cannot give any guarantee agains t reoccurrence or further damage. In the event that the Client requests the Contractor to use drain/pipe unblocking equipment (including but not limited to, CCTV camera or an electric eel), and the Contractor does not recommend the use of such equipment due to the risk of the equipment becoming lodged or stuck, the Contractor may require the Client or their agent to authorise commencement of the Works in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall be responsible for the cost of repair, replacement and/or retrieval of said equipment; and
(b) where Pit Stop the Contractor has performed temporary repairs on the vehicle that:
(i) Pit Stop the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop the Contractor will immediately advise the Customer Client of the fault and shall provide the Customer Client with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop the Contractor is only responsible for Parts components that are replaced by Pit Stop the Contractor and does not at any stage accept any liability li ability in respect of previous goods and/or services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure; and
(d) under no circumstances, will the Customer agrees to indemnify Pit Stop against Contractor handle removal of asbestos product. In the event asbestos (or other hazardous material) is discovered on the Worksite:
(i) the Contractor shall suspend the Works; and
(ii) the Client shall be fully responsible for the resolution of any loss or damage resulting problems; and
(iii) any additional cost incurred by the Contractor shall be added to the PartsPrice under clause 4.2; and
(e) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop change colour over time. The Contractor wil l make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching; and
(v) create undesirable smells caused by a system as a result of its normal operation.
6.7 The Contractor is not insured to remove furniture or fittings and will not do so, nor is the Contractor licensed to move elec trical appliances.
6.8 Where the Contractor requires that Materials, tools etc. required for the loss of Works be stored at the Worksite, the Client shall supply t he Contractor a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in damage. In the event that any of a call-out: it the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the CustomerClient’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employeesresponsibility.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contract
Risk. 9.1 5.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 9 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
5.2 Notwithstanding the provisions of clause 9.1 5.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 5.3 The Customer Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
5.4 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections are of suitable capacity to handle the Materials once installed. If, for any reason (including but not limited to, the structure not being watertight, wood rot, the discovery of asbestos, defective or unsafe wiring, or dangerous access etc.) that the Contractor reasonably forms the opinion that the Client’s property is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with clause 4.2) until the Contractor is satisfied that it is safe for the installation to proceed. The Contractor 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.
5.5 Any advice, recommendation, information, assistance or service provided by the Contractor in relation to the Materials or Works supplied is given in good faith to the Client, or the Client’s agent and is based on the Contractor’s own knowledge and experience and shall be accepted without liability on the part of the Contractor. Where such advice or recommendations are not acted upon then the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
5.6 Whilst the final location of the condensing unit is at the discretion of the Client, a charge will apply as a variation as per clause 3.2 if the Client requests the unit to not be located adjacent to the external wall, due to the underground piping required.
5.7 The final location of the wall, window or floor unit must be determined on the Worksite by the Client.
5.8 The Contractor shall upon installation ensure that all installed Materials meet current industry standards applicable to noise levels, however the Contractor cannot guarantee that noise levels will remain constant post installation as the Materials may be impacted by many factors such as the weather, lack of maintenance, tampering etc.
5.9 In the event that:
(a) any of the equipment needs to be relocated due to complaints from neighbours or local authorities, then the Client shall be responsible for any and all costs involved; and
(b) the electrical wiring is required to be re-positioned at the request of any third party contracted by the Client then the Client agrees to notify the Contractor immediately upon any proposed changes. The Client agrees to indemnify the Contractor against any additional costs incurred with such a relocation of electrical wiring. All such variances shall be invoiced in accordance with clause 3.2.
5.10 The Client acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on under no circumstances, will the vehicle that:
Contractor handle removal of asbestos product. In the event asbestos (ior other hazardous material) Pit Stop offers no guarantee against is discovered at the reoccurrence Worksite. All costs relating to the removal of asbestos or other hazardous material will be at the sole responsibility of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair requiredClient; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop Contractor is only responsible for Parts parts that are replaced by Pit Stop the Contractor, and does not at any stage accept any liability in respect of previous services and/or goods supplied by any the event that other third party that parts/Materials, subsequently fail and found to be the source of the failurefail, the Customer Client agrees to indemnify Pit Stop the Contractor against any loss or damage to the PartsMaterials, or caused by the PartsMaterials, or any part thereof howsoever arising.
9.4 Pit Stop 5.11 The Contractor shall not be liable for the held responsible for:
(a) any loss of or damage to caused in accessing the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security areas of the same), unless caused by Worksite beyond reasonable control of the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage Contractor (including, but not limited toto ceiling tiles and panels, face brickwork and rendered masonry services) which the perils Contractor may have to break into or disturb in performance of accidentthe Works, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at unless due to the Customer’s sole risk.negligence of the Contractor;
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop againstb) any damages damage to the Works caused by outside agents. Where the Client requests the Contractor to repair such damage then the Contractor reserves the right to charge the Client for any costs incurred in rectifying such damage; and
(c) any defects in the Materials or appearing in the Works after completion due to the Client or any third party using any items that overloads the structure or system to which the Contractor’s Materials are installed or connected to, or byby workmanship not performed by the Contractor, shall not be covered by any applicable warranty pertaining to the vehicle during such tests, collecting Materials.
5.12 The Contractor accepts no responsibility for any damage or delivery unless it arises from performance related problems with any Materials where they have not been used and/or maintained in accordance with the recklessness or wilful misconduct of Pit Stop or its employeesContractor and/or the manufacturers’ recommendations.
Appears in 1 contract
Samples: Contract
Risk. 9.1 7.1 If Pit Stop the Supplier retains ownership of the Parts Materials under clause 10 12 then:
(a) where Pit Stop the Supplier is supplying Parts Materials only, all risk and liability for the Parts Materials shall immediately pass to the Customer on delivery and the Customer must insure the Parts on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Supplier’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Supplier or Pit Stopthe Supplier’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
9.2 (b) where the Supplier is to both supply and install Materials then the Supplier shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
7.2 Notwithstanding the provisions of clause 9.1 7.1 if the Customer specifically requests Pit Stop the Supplier to leave Parts Materials outside Pit Stopthe Supplier’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the Customer’s expense.
9.3 7.3 The Supplier shall be entitled to rely on the accuracy of any plans, specifications (including, but not limited to CAD drawings) and other information provided by the Customer. The Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, the Supplier accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information. If plans are amended by third parties which affect the measurements/specifications that the Supplier is to base the manufacture of the Materials on, then it shall be the Customer’s responsibility to advise the Supplier of these changes as soon as practicable. The Supplier shall not be held liable where the Customer fails to make such notification of changes to the measurements/specifications.
7.4 The Customer warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials. If, for any reason (including the discovery of asbestos, wood rot etc), the Supplier reasonably forms the opinion that the Customer’s premises are not safe for the installation of Materials to proceed then the Supplier shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 6.2 above) until the Supplier is satisfied that it is safe for the installation to proceed.
7.5 Materials are subject to variation in size and quality according to applicable New Zealand Standards and industry best practice. Useful guides are published from time to time by the Window and Glass Association NZ. The Supplier offers no guarantee against imperfections or defects that are within acceptable tolerances described therein.
7.6 In the event that Works are required to tiled or waterproofed surfaces, any holes made by the Supplier will be silicone sealed; however, the Supplier does not guarantee that this will be one hundred percent (100%) waterproof and shall not be held liable in the event of any leaks.
7.7 Holes, cutouts and cutting of the Materials may weaken the strength of the Materials and although unlikely, cracking or breakage may occur. The Supplier accepts no responsibility for any such cracks or breakage that occur.
7.8 The Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
installation occurs to adjoining glass panes or weakened surfaces (i) Pit Stop offers no guarantee against the reoccurrence of the initial faultincluding, but not limited to flashings, frames, render or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicleplaster), and leaves the vehicle and/or the keys at Pit Stop’s premises that whilst the site is unattendedSupplier shall exercise due care, then Pit Stop shall not be responsible for the security of the vehicle cracks or the keys, and scratches may occur in such surrounding surfaces or panes. The Supplier shall not be held liable for where such damage occurs;
(b) where an anodised surface frame finish has been selected, slight colour variation may occur between the main unit frame and any loss, damages or costs howsoever resultinginstallation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deem to be a defect in the Materials; and
(c) Pit Stop is only responsible for Parts that are replaced Materials supplied may exhibit variations in shade, colour, texture, surface/finish and may:
(i) expand, contract or distort as a result of exposure to heat, cold, weather;
(ii) mark or stain if exposed to certain substances; and
(iii) be damaged or disfigured by Pit Stop impact or scratching.
7.9 Whilst the Supplier will make every effort to match sales samples to finished Materials and does not at any stage accept any liability in respect different batches of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failureMaterials supplied, the Customer agrees to indemnify Pit Stop against Supplier accepts no liability whatsoever where such samples differ from finished Materials supplied, or variations between batches occur.
7.10 The application of paint on the Materials can reveal small imperfections or defects that occur during their manufacture and processing. The Supplier shall not be liable for such imperfections or defects which may include small scratches, scuffs, seeds and/or roller wave.
7.11 The Supplier shall not be liable whatsoever for:
(a) any loss or damage to the Parts, or Works that is caused by any other tradesmen during and after the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security completion of the same), unless Works; or
(b) delays caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure any other third-party suppliers and/or contractors that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests impacts on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for provision of the Works by the Supplier; or
(and c) materials and/or works supplied by the Customer indemnifies Pit Stop against) and/or any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employeesother third party.
Appears in 1 contract
Samples: Contract
Risk. 9.1 8.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 14 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 8.3 The Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on Client warrants that any structures to which the vehicle that:
(i) Pit Stop offers no guarantee against Materials are to be affixed are able to withstand the reoccurrence installation of the initial fault, or Materials and that any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop is only responsible for Parts that are replaced by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the perils Materials once installed. If, for any reason (including but not limited to, the structure not being watertight, the discovery of accidentasbestos, firedefective or unsafe wiring, theft and burglary and all other usual risksor dangerous access etc.) whilst stored at Pit Stopthe Contractor reasonably forms the opinion that the Client’s premisesproperty is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with clause 7.2 until the Contractor is satisfied that it is safe for the installation to proceed. The vehicle is at Contractor may in agreement with the Client bring the property up to a standard suitable for installation to proceed but all times stored such Works undertaken and repaired any additional Materials supplied shall be treated as a variation and be charged for in addition to the Price.
8.4 In the event asbestos or any other toxic substances are discovered at the Customerproperty, it is the Client’s sole riskresponsibility to ensure the safe removal of the same. The Client further agrees to indemnify the Contractor against any costs incurred by the Contractor as a consequence of such discovery. Under no circumstances will the Contractor handle removal of asbestos product.
9.6 Pit Stop 8.5 Where the Contractor gives advice or its employees may test drive recommendations to the Client, or carry out tests on the vehicle at Pit StopClient’s discretionagent, regarding any aspect of the scope of the Works (including but not limited to, a particular course of action, or product selection), and such advice or recommendations are not acted upon, then the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. Pit Stop will The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works nor will such losses or damages be deemed a defect. If the Client instructs the Contractor to rectify any damage, this will become a variation to the original quotation and will be charged at the Contractor’s normal hourly rate.
8.6 The Contractor shall be entitled to rely on the accuracy of any designs, specifications, measurements and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate designs, specifications, measurements or other information.
8.7 The Client acknowledges that the Contractor is only responsible for parts/equipment that are repaired by the Contractor, and in the event that other parts/Materials subsequently fail, the Client agrees to indemnify the Contractor against any loss or damage to the Works, or caused by the Materials, or any part thereof howsoever arising
8.8 The Contractor shall not be liable whatsoever for:
(and the Customer indemnifies Pit Stop againsta) any damages loss or damage to the Works that is caused toby any other tradesmen during and after the completion of the Works; or
(b) delays caused by any other third party contractors that impacts on the provision of the Works by the Contractor;
(c) materials and/or works supplied by the Client and/or any other third party; and
(d) any defect or damage resulting from incorrect or faulty installation carried out by any other third party; and
(e) if the Client instructs the Contractor to rectify any damage caused by any other tradesman, or by, this will become a variation to the vehicle during such tests, collecting or delivery unless it arises from original quotation and will be charged at the recklessness or wilful misconduct of Pit Stop or its employeesContractor’s normal hourly rate.
Appears in 1 contract
Samples: Contract
Risk. 9.1 8.1 If Pit Stop AEL retains ownership of the Parts Materials under clause 10 12 then:
(a) where Pit Stop AEL is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer on delivery and the Customer must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit StopAEL’s address; or
(ii) the Parts Materials are delivered by Pit Stop AEL or Pit StopAEL’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
9.2 (b) where AEL is to both supply and install Materials then AEL shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer specifically requests Pit Stop AEL to leave Parts Materials outside Pit StopAEL’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the Customer’s expense.
9.3 The 8.3 Where AEL is required to install the Materials the Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on warrants that the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence structure of the initial fault, premises or any further damage caused; and
(ii) Pit Stop equipment in or upon which these Materials are to be installed or erected is sound and will immediately advise sustain the Customer of the fault installation and shall provide the Customer with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, incidental thereto and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop AEL shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any lossclaims, damages demands, losses, damages, costs and expenses howsoever caused or costs howsoever resulting; andarising should the premises or equipment be unable to accommodate the installation.
(c) Pit Stop 8.4 AEL is only responsible for Parts Materials that are replaced by Pit Stop AEL and does not at any stage accept any liability in respect of previous services and/or goods materials supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop AEL against any loss or damage to the PartsMaterials, or caused by the Partsmaterials, or any part thereof howsoever arising.
9.4 Pit Stop 8.5 The Customer acknowledges that:
(a) stainless steel is a textured material and can be of a porous nature. The Customer accepts that products made from this material can rust and mark easily. The Customer accepts that care should be taken to maintain the finish of and longevity of stainless steel products;
(b) where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims used due to the difference in aluminium alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Materials;
(c) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. AEL will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur;
(ii) expand, contract or distort as a result of exposure to heat, cold, weather;
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching; and
(d) where AEL has performed temporary repairs that:
(i) AEL offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) AEL will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.
8.6 AEL shall not be liable for the loss of or any defect, deterioration and/or damage to the CustomerMaterials:
(a) if the Customer does not follow AEL’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works recommendations;
(including in the event b) where Materials are stored off site for extended periods of time as a call-out: it shall be result of any action/inaction by the Customer’s responsibility to remain with the vehicle to ensure security ;
(c) resulting from incorrect use and/or installation of the same), unless caused Materials by the negligence of Pit StopCustomer or any other third party; and
(d) where welding, galvanising (or Pit Stop’s employeesany other heat related process) has caused distortion or any other damage.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contract
Risk. 9.1 If Pit Stop Designastyle retains ownership of the Parts Materials under clause 10 14 then:
(a) where Pit Stop Designastyle is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit StopDesignastyle’s address; or
(ii) the Parts Materials are delivered by Pit Stop Designastyle or Pit StopDesignastyle’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
(b) where Designastyle is to both supply and install Materials then Designastyle shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
9.2 Notwithstanding the provisions of clause 9.1 if the Customer Client specifically requests Pit Stop Designastyle to leave Parts Materials outside Pit StopDesignastyle’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 Designastyle is not responsible for what lies beneath the surface of the contracted work area and therefore Designastyle cannot be held responsible for the floor design, colour or general appearance that emerges after sanding and polishing Works that have been completed.
9.4 In the event asbestos or any other toxic substances are discovered at the Worksite, that it is the Client’s responsibility to ensure the safe removal of the same. The Customer Client further agrees to indemnify Designastyle against any costs incurred by Designastyle as a consequence of such discovery. Under no circumstances will Designastyle handle removal of asbestos product.
9.5 Designastyle shall be entitled to rely on the accuracy of any plans, specifications (including, but not limited to CAD drawings) and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, Designastyle accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
9.6 The Client acknowledges and accepts that all descriptive specifications, illustrations, dimensions and weights stated in Designastyle’s or the manufacturer’s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the Contract, unless expressly stated as such in writing by Designastyle.
9.7 The Client acknowledges that Materials (including but not limited to paint, timber, tiles, or concrete, etc.) supplied may exhibit variations in shade tone, colour, texture, surface and finish, and may fade or change colour over time. While every effort will be taken by Designastyle to match colour, shade or grain of product, Designastyle shall not be liable for any loss, damages or costs howsoever arising resulting from any variation in colour, shading or grain between batches of product or sale samples and the final product supplied.
9.8 Materials supplied may:
(i) expand, contract or distort as a result of exposure to heat, cold, weather;
(ii) mark or stain if exposed to certain substances; and
(iii) be damaged or disfigured by impact or scratching;
9.9 All potential waterproofing surfaces are subject to an inspection by Designastyle prior to the commencement of the Works. In the event that the surface is deemed unsuitable, then Designastyle reserves the right to halt the Works until such time as it is agreed between Designastyle and the Client as to the additional cost in further preparation of the surface in order to make it fit for waterproofing. The additional cost shall be charged as a variation to the quotation as per clause 7.2.
9.10 The Client acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on Designastyle shall apply the vehicle that:
(i) Pit Stop offers no guarantee against Materials to the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault manufacturer’s specification and shall provide the Customer in compliance with an estimate for the full repair requiredall relevant industry standards; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall Designastyle may not be responsible able to ascertain the depth of, or if a void or cavity is present behind a crack for the security repair without closer inspection. Any additional costs incurred by Designastyle for carrying out such investigation prior to repairing such a defect shall be invoiced as an extra. The Client also accepts that repair methods may alter as a result of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resultingsuch investigation; and
(c) Pit Stop is only responsible for Parts that are replaced by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss Designastyle gives no guarantee (expressed or damage implied) as to the Parts, length of time the curing process of repair Works will take due to factors or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customerconditions outside Designastyle’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage control (including, but not limited to, the perils surfaces and the existing condition of accidentthe defect, fireatmospheric conditions including humidity and temperature, theft and burglary and all other usual risksthe nature of the repair); and
(d) whilst stored at Pit Stopit is their responsibility to ensure that any uncompleted areas are kept watertight during installation if there is any delay in the Works due to circumstances beyond the control of Designastyle (including, but not limited to, waiting on another trade, materials, or weather conditions).Designastyle will accept no liability whatsoever for any damages caused as a result of the Client’s premises. The vehicle is at all times stored and repaired at the Customer’s sole riskfailure to comply with this clause.
9.6 Pit Stop 9.11 If the Client orders an insufficient number of tiles, then Designastyle will take no responsibility for any variation of colour in further batches supplied to the Client or its employees may test drive the inability to supply Materials at all.
9.12 If the giving of an estimate or carry out tests quotation for the supply of Materials involves Designastyle estimating measurements and quantities, it shall be the responsibility of the Client to verify the accuracy of Designastyle estimated measurements and quantities, before the Client places an order based on such estimate or accepts such quotation.
9.13 Should the vehicle at Pit Stop’s discretion. Pit Stop will Client require any changes to Designastyle estimated measurements and quantities, the Client shall request such changes in writing, in the case of an estimate before placing an order based on that estimate and in the case of a quotation before acceptance of that quotation.
9.14 Designastyle shall not be liable for Materials damaged due to inappropriate tile selection, maintenance or carelessness, and Designastyle shall not be liable for any tiles that are already affixed.
9.15 Designastyle gives no guarantee (expressed or implied) against crazing, cracking, chipping or scratching that may occur that is beyond Designastyle’s control due to the nature of the product at the time of installation, therefore it is recommended that the Client allows for extra product for such breakages.
9.16 Due to the nature of the Works, dust will be created and the Customer indemnifies Pit Stop against) Client is to ensure that adequate dust control is in place during the provision of the Works.
9.17 Designastyle will only inspect or view a floor from a standing position, as this is generally how you will be living on it. Minor marks or slight imperfections in the floor finish that can only be viewed from a crouching or kneeling position will not be considered defects.
9.18 Designastyle will not accept responsibility for any damages damage to the floor due to microenvironments caused toby air-conditioning, heating or bylarge expanses of glass windows without curtains or blinds.
9.19 Whilst Designastyle will take all due care to avoid contamination of the finished surface, Designastyle accepts no responsibility for contamination by natural contaminates such as dust or hair which may be present at the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employeesWorksite.
Appears in 1 contract
Samples: Contract
Risk. 9.1 11.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 15 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 Notwithstanding the provisions of clause 9.1 11.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 11.3 The Customer Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe structures or risk) that the Contractor, or the Contractor’s employees, reasonably form the opinion that the Client’s premises is not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with clause 8.2) until the Contractor is satisfied that it is safe for the installation to proceed.
11.4 Timber is a natural product and as such may exhibit variations in texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations. Whilst the Contractor will make every effort to match sales samples to the finished Materials the Contractor accepts no liability whatsoever where such samples differ to the finished Materials supplied.
11.5 Timber is a hydroscopic material subject to expansion and contraction, therefore the Contractor will accept no responsibility for gaps that may appear in the timber during prolonged dry periods.
11.6 The Client acknowledges and accepts thatthat Materials supplied may:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, fade or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair requiredchange colour over time; and
(b) in the event the Customer requests Pit Stop expand, contract or distort as a result of exposure to work on a vehicleheat, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattendedcold, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resultingweather; and
(c) Pit Stop is only responsible for Parts that are replaced mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss impact or damage to the Parts, or caused by the Parts, or any part thereof howsoever arisingscratching.
9.4 Pit Stop 11.7 The Client warrants that no other tradesmen interfere with any Works and/or Materials supplied under this Contract. The Contractor shall not be liable for any costs, damages or loss however arising from the loss of or damage Client’s failure to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection comply with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employeesthis clause.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. 11.8 The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will Contractor shall not be liable for any loss or damage caused in accessing the work area beyond reasonable control of the Contractor (including, without limitation, to ceiling tiles and panels, face brickwork and rendered masonry services) which the Customer indemnifies Pit Stop againstContractor may have to break into or disturb in performance of the Works), unless due to the negligence of the Contractor.
11.9 The Client acknowledges that they shall:
(a) provide and have erected scaffolding to enable the Works to be undertaken (where in the Contractor’s opinion it is deemed necessary). Any scaffolding must comply with industry safety standards and any damages caused toperson erecting the scaffolding shall be suitably qualified to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully licensed; and
(b) remove any furniture or by, the vehicle during such tests, collecting or delivery unless it arises personal items from the recklessness vicinity of the Works, and agrees that the Contractor shall not be liable for any damage caused to those items through the Clients failure to comply with this clause; and
(c) provide adequate dustsheets to protect the Clients furniture, décor and floors. The Contractor will not accept any responsibility for cleaning or wilful misconduct of Pit Stop repair costs attributed to dust or its employeesdamage caused by any sanding process. Flaking or crumbling walls should be temporarily covered by the Client, until the coatings are dry; and
(d) be wholly responsible for animals and/or children on the worksite.
Appears in 1 contract
Samples: Contract
Risk. 9.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 16 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
(b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
9.2 Notwithstanding the provisions of clause 9.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 The Customer Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
9.4 The Client warrants that any structures (where applicable) to which the Materials are to be affixed are able to withstand the installation of the Materials and that are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos) that the Contractor, or employees of the Contractor, reasonably form the opinion that the Client’s premises is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 8.2 above) until the Contractor is satisfied that it is safe for the installation to proceed.
9.5 Where the Client has provided instructions or specifications for the Contractor to complete the Works (including, but not limited to, any requested variation to the original design), then the Contractor shall accept no liability whatsoever for the finished Works being deemed as unsatisfactory to the Client.
9.6 Detailed drawings of any services that will be embedded in the concrete are to be provided to the Contractor prior to commencement of any Works. Whilst all due care will be taken no liability will be accepted by the Contractor for damage to the services or any other element embedded in the concrete.
9.7 The Contractor gives no guarantee (expressed or implied) as to the length of time the curing process will take and/or against cracking of concrete that may occur naturally in the Works such as:
(a) hairline cracking of paving and grout; or
(b) damage caused by contact with chemicals, solvents, oils or any other substances; or
(c) the effects by elements such as heat exposure or wet weather conditions that prolong the curing process.
9.8 The Contractor shall not be liable for any defect in the Works if the Client does not follow the Contractor’s recommendations, including:
(a) to water the concrete periodically to limit the risk of possible cracking due to weather conditions;
(b) that no foot traffic and/or any vehicles on the concrete for a minimum of forty-eight (48) hours but preferably seven (7) days; and
(c) that no heavy items (including but not limited to, pots, furniture etc) is placed on the concrete area for a minimum of twenty-four (24) hours.
9.9 The Client acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence variations of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault colour and shall provide the Customer with an estimate for the full repair required; and
(b) texture are inherent in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop concrete. The Contractor shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resultingarising resulting from any variation of the colour or texture between different batches of product;
(b) concrete is a porous material and as a consequence the Contractor cannot be held responsible for holes and pinholes, however numerous, that appear on the surface after completion of the Works;
(c) Materials supplied may:
(i) expand, contract or distort as a result of exposure to heat, cold, weather;
(ii) mark or stain if exposed to certain substances; and
(ciii) Pit Stop be damaged or disfigured by impact or scratching.
(d) the Contractor can only visually check the concrete and cannot guarantee the mix is only responsible for Parts that are replaced by Pit Stop and does free of foreign objects. If the concrete is divided into more than one truck the Contractor cannot at any stage accept any liability in respect guarantee the texture is consistent between trucks; and
(e) the use of previous services loud and/or goods supplied by any other third party that subsequently fail and found heavy machinery may need to be used for the source completion of the failure, Works and shall be the Customer agrees responsibility to indemnify Pit Stop against any loss or damage to inform the Parts, or caused by Contractor in advance of suitable times for the Parts, or any part thereof howsoever arising.
9.4 Pit Stop use of such machinery. These machines may also generate dust and smoke and therefore the Contractor recommends that windows and doors are kept shut whilst such machinery is in use. The Contractor shall not be liable responsible for the loss any losses, costs or claims as a result of or any damage to property from the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event use of a call-out: it shall be the Customer’s responsibility these machinery unless due to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stopthe Contractor.
9.10 The Contractor reserves the right not to clean the site, if animal faeces or Pit Stopother contaminants could cause a health issue for the Contractor’s employees. If the Contractor is requested by the Client to remove animal faeces or other contaminants from the Worksite then the Contractor, at their discretion, may charge an additional fee.
9.5 It is 9.11 In the Customer’s responsibility event that during the course of the Works the Contractor discovers any fossils, artefacts or any other remains of geological or archaeological interest then the Contractor reserves the right to ensure that halt all Works and immediately notify the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premisesClient. The vehicle is at Client accepts and agrees that all times stored additional costs that may be incurred by the Contractor as a result of any such delays shall be borne by the Client and repaired at the Customer’s sole riskshall be treated as a variation in accordance with clause 6.2.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Construction Contract
Risk. 9.1 8.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 12 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:;
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 8.3 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the scope of the Works (including but not limited to, a particular course of action, or product selection), and such advice or recommendations are not acted upon, then the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. The Customer Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works nor will such losses or damages be deemed a defect. If the Client instructs the Contractor to rectify any damage, this will become a variation to the original quotation and will be charged at the Contractor normal hourly rate.
8.4 The Contractor shall be entitled to rely on the accuracy of any designs, specifications, measurements and other information provided by the Client. The Client acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) agrees that in the event that any of this information provided by the Customer requests Pit Stop to work on a vehicleClient is inaccurate, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable Contractor accepts no responsibility for any loss, damages damages, or costs howsoever resulting; andhowever resulting from these inaccurate designs, specifications, measurements or other information.
(c) Pit Stop is only responsible for Parts 8.5 The Client warrants that any structures to which the Materials are replaced by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be affixed are able to withstand the source installation of the failure, the Customer agrees to indemnify Pit Stop against Materials and that any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the perils Materials once installed and that the building is fully compliant with any relevant current building codes. If for any reason (including the discovery of accidentasbestos, firedefective or unsafe wiring or surfaces are non-compliant) that the Contractor, theft its employees or the Contractor’s reasonably form the opinion that the Client’s premises is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with clause 7.2) until the Contractor is satisfied that it is safe for the installation to proceed. The Contractor may at its sole discretion agree to bring the premises up to a standard suitable for installation to proceed but all such Works undertaken and burglary any additional Materials supplied shall be treated as a variation (as per clause 7.2) and will be charged for in addition to the Price.
8.6 The Client agrees that all materials supplied by the Client or the Client’s third party sub-contractors will:
(a) be supplied in accordance with all legislative requirements;
(b) be suitable for their inclusion into the Works.
8.7 Where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges that it accepts responsibility for the suitability of purpose, quality and any faults inherent in those materials. However, if in the Contractor’s opinion, it is believed that the materials supplied will not conform to New Zealand regulations, then the Contractor shall be entitled, without prejudice, to halt the Works until the appropriate conforming materials are sourced and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at costs associated with such a change to the Customer’s sole riskplans will be invoiced in accordance with clause 6.2.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will 8.8 The Contractor shall not be liable for whatsoever for:
(and the Customer indemnifies Pit Stop againsta) any damages loss or damage to the Works that is caused toby any other tradesmen during and after the completion of the Works; or
(b) delays caused by any other third party suppliers that impacts on the provision of the Works by the Contractor;
(c) materials and/or works supplied by the Client and/or any other third party; and
(d) any defect or damage resulting from incorrect or faulty installation carried out by any other third party; and
(e) if the Client instructs the Contractor to rectify any damage caused by any other tradesman, or by, this will become a variation to the vehicle during such tests, collecting or delivery unless it arises from original quotation and will be charged at the recklessness or wilful misconduct of Pit Stop or its employeesContractor normal hourly rate.
Appears in 1 contract
Samples: Contract
Risk. 9.1 7.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 12 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the Customer’s Client‟s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stop’s the Contractor‟s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stop’s the Contractor‟s nominated carrier to the Customer’s Client‟s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
7.2 Notwithstanding the provisions of clause 9.1 7.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stop’s the Contractor‟s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the Customer’s Client‟s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the Customer’s Client‟s expense.
9.3 7.3 The Customer Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any plumbing connections (including, but not limited to, meter boxes, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective plumbing or dangerous access to crawl spaces or the roof) that the Contractor, or employees of the Contractor, reasonably form the opinion that the Client‟s premises is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 6.2 above) until the Contractor is satisfied that it is safe for the installation to proceed. The Contractor may at its sole discretion agree to bring the premises 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.
7.4 In the event asbestos or any other toxic substances are discovered at the site that it is the Client‟s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify the Contractor against any costs incurred by the Contractor as a consequence of such discovery and the subsequent engagement of third-party contractors for the removal of such substances. This will be charged for as a variation in accordance with clause 5.2. Under no circumstances will the Contractor handle the removal of asbestos product.
7.5 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts thatno responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
7.6 Where the Client has provided verbal instructions or specifications for the Contractor to complete the Works (including, but not limited to, any requested variation to the original design), then the Contractor shall accept no liability whatsoever for the finished Works being deemed as unsatisfactory to the Client.
7.7 All descriptive specifications, illustrations, drawings, data, dimensions and weights stated in the Contractor‟s or the manufacturer‟s fact sheets, price lists or advertising material, are approximate only and are given by way of identification only. The Client shall not be entitled to rely on such information, and any use of such does not constitute a sale by description, and does not form part of the contract, unless expressly stated as such in writing by the Contractor.
7.8 The Contractor shall upon installation ensure that all Materials are to be installed in a manner that is fully compliant with industry standards. If, for any reason, the Client specifically requires the Materials to be installed in any way which goes against the Contractor‟s recommendations and/or falls below industry standards; a request detailing that requirement must be made in writing to the Contractor. Accordingly, the Contractor offers no warranty in regards to the aforementioned.
7.9 The Client agrees that all materials supplied by the Client or the Client‟s third party sub-contractors will:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer be supplied in accordance with an estimate for the full repair required; andall legislative requirements;
(b) be suitable for their inclusion into the Works.
7.10 Where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges that it accepts responsibility for the suitability of purpose, quality and any faults inherent in those materials. However, if in the event Contractor‟s opinion, it is believed that the Customer requests Pit Stop materials supplied will not conform to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattendedstate regulations, then Pit Stop the Contractor shall not be responsible for entitled, without prejudice, to halt the security of Works until the vehicle or appropriate conforming materials are sourced and all costs associated with such a change to the keys, and shall not plans will be held liable for any loss, damages or costs howsoever resulting; andinvoiced in accordance with clause 5.2.
(c) Pit Stop 7.11 The Client acknowledges that the Contractor is only responsible for Parts parts that are replaced by Pit Stop the Contractor and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer Client agrees to indemnify Pit Stop the Contractor against any loss or damage to the PartsMaterials, or caused by the PartsMaterials, or any part thereof howsoever arising.
9.4 Pit Stop 7.12 Unless otherwise agreed between both parties, the supply of Works does not include the excavation, relocation, repair or removal of any rocks, surfaces or other obstructions which are necessary in order for the Contractor to supply the Materials or Works.
7.13 The Client acknowledges and accepts that:
(a) the presence of plant root growth and blockages generally is an indication of damaged pipes that cannot be properly fixed by simply removing the root growth or blockage. If the Client does not instruct the Contractor to carry out the work to repair or replace damages pipes or drains, then the Contractor gives no warranty that the same or similar problems will not recur. If any of the Contractor‟s equipment becomes lodged or is damaged while in the Client‟s pipes or drains, the Client agrees to pay the costs of removal of the equipment including any necessary excavation and restoration work; and
(b) the Contractor will take care when supplying the Materials or Works to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the Materials or Works that is not included in the Contractor‟s quotation shall be charged to the Client as a variation in accordance with clause 5.2; and
(c) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching; and
(v) create undesirable smells caused by a system as a result of its normal operation; and
(d) where the Contractor has performed temporary repairs that:
(i) the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) the Contractor will immediately advise the Client of the fault and shall provide the Client with an estimate for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employeesfull repair required.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contract
Risk. 9.1 8.1 If Pit Stop the Seller retains ownership of the Parts Materials under clause 10 14.1 then:
(a) where Pit Stop the Seller is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer on delivery and the Customer must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:;
(i) the Customer or the Customer’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Seller’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Seller or Pit Stopthe Seller’s nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
9.2 (b) where the Seller is to both supply and install Materials then the Seller shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer specifically requests Pit Stop the Seller to leave Parts Materials outside Pit Stopthe Seller’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the Customer’s expense.
9.3 The 8.3 Where the Customer has supplied materials for the Seller to complete the Works, the Customer acknowledges and accepts that:responsibility for the suitability of purpose, quality and any faults inherent in the materials. The Seller shall not be responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Customer.
8.4 Where the Seller gives advice or recommendations to the Customer, or the Customer’s agent, regarding any aspect of the scope of the Works (including but not limited to, a particular course of action, product selection or the condition of the materials supplied by the Customer being inferior), and such advice or recommendations are not acted upon, then the Seller shall require the Customer or their agent to authorize commencement of the Works in writing. The Seller shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works nor will such losses or damages be deemed a defect. If the Customer instructs the Seller to rectify any damage or defects in the materials supplied, this will become a variation to the original quotation and will be charged at the Contractor’s normal hourly rate.
8.5 Timber is a hygroscopic material subject to expansion and contraction, therefore the Seller will accept no responsibility for gaps that may appear in the timber and timber flooring during prolonged dry periods.
8.6 The Customer acknowledges that Materials supplied may
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial faultexhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair requiredchange colour over time; and
(b) in the event the Customer requests Pit Stop expand, contract or distort as a result of exposure to work on a vehicleheat, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattendedcold, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resultingweather; and
(c) Pit Stop is only responsible for Parts that are replaced mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied impact or scratching.
8.7 Whilst every effort will be taken by any other third party that subsequently fail and found the Seller to be the source of the failurematch virtual colours with physical colours, the Customer agrees to indemnify Pit Stop against Seller will take no responsibility for any loss or damage to variation between the Parts, or caused by virtual sale sample displayed on the Parts, or any part thereof howsoever arisingCustomer’s computer and/or the supplied Materials.
9.4 Pit Stop 8.8 The Seller shall not be liable responsible for removal of soil from the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employeeswork site.
9.5 It is 8.9 Whilst the Customer’s responsibility to ensure that Seller will take all due care during installation the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop Seller will not be liable accept any responsibility for (and the Customer indemnifies Pit Stop against) any damages caused to, tiles or by, the vehicle pavers damaged during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employeesinstallation.
Appears in 1 contract
Samples: Contract
Risk. 9.1 8.1 If Pit Stop the Seller retains ownership of the any Parts under clause 10 then:
(a) where Pit Stop is supplying Parts onlynonetheless, all risk for the Parts shall immediately pass passes to the Customer on delivery and the Customer must insure the Parts on or before delivery. Delivery .
8.2 If any of the Parts shall be deemed are damaged or destroyed following delivery but prior to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier takes possession of the Parts at Pit Stop’s address; or
(ii) the Parts are delivered by Pit Stop or Pit Stop’s nominated carrier ownership passing to the Customer, the Seller is entitled to receive all insurance proceeds payable for the Parts. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s nominated delivery address (even if rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
8.3 If the Customer is not present at requests the address).
9.2 Notwithstanding the provisions of clause 9.1 if the Customer specifically requests Pit Stop Seller to leave Parts outside Pit Stopthe Seller’s premises for collection or to deliver the Parts to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts are insured adequately or at all. In the event that such Parts are lost, damaged or destroyed then replacement of the Parts shall be left at the Customer’s expensesole risk.
9.3 The Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) in 8.4 In the event the Customer requests Pit Stop the Seller to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stopthe Seller’s premises whilst the site is unattended, then Pit Stop the Seller shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting.
8.5 The Customer acknowledges and agree that where the Seller has performed temporary repairs on the vehicle that:
(a) the Seller offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(cb) Pit Stop the Seller will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required.
8.6 The Customer acknowledges that the Seller is only responsible for Parts parts that are replaced by Pit Stop the Seller and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop the Seller against any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not 8.7 The Customer acknowledges that it is their sole responsibility to ensure the vehicle is insured adequately or at all.
8.8 Any third party certification that may be liable for required can be arranged by the loss of or damage to Seller on the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft behalf and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole riskexpense.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will 8.9 The Seller shall not be held responsible or liable for (and any loss, damage or injury where the Customer indemnifies Pit Stop against) or any damages caused toother third party engaged by the Customer fits, installs or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employeesoperate any Parts incorrectly.
Appears in 1 contract
Samples: Service Agreement
Risk. 9.1 8.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 14 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address); and
(b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
9.2 8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 8.3 The Customer Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including but not limited to, the structure not being watertight, the discovery of asbestos, defective or unsafe wiring, or dangerous access etc.) the Contractor reasonably forms the opinion that the Client’s property is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with clause 7.2) until the Contractor is satisfied that it is safe for the installation to proceed. The Contractor 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.
8.4 In the event that the electrical wiring is required to be re-positioned at the request of any third party contracted by the Client then the Client agrees to notify the Contractor immediately upon any proposed changes. The Client agrees to indemnify the Contractor against any additional costs incurred with such a relocation of electrical wiring. All such variances shall be invoiced in accordance with clause 6.2.
8.5 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, 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 the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
8.6 The Client acknowledges and accepts that:
(a) where Pit Stop the Contractor has performed temporary repairs on the vehicle that:
(i) Pit Stop the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop the Contractor will immediately advise the Customer Client of the fault and shall provide the Customer Client with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop Contractor is only responsible for Parts components that are replaced by Pit Stop the Contractor and does not at any stage accept any liability in respect of previous goods and/or services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, ;
(c) the Customer agrees to indemnify Pit Stop against Contractor shall not be responsible or liable for any loss defect in other appliances or damage power points as a coincidence of the Contractor installing the Materials,
(d) any defects in the Materials or appearing in the Works after completion due to the PartsClient or any third party using any items that overloads the structure or system to which the Contractor’s Materials are installed or connected to, or caused by workmanship not performed by the PartsContractor, shall not be covered by any applicable warranty pertaining to the Materials;
(e) it is the Client’s responsibility to insure any equipment partly or any part thereof howsoever arising.completely installed on the Worksite, against theft or damage;
9.4 Pit Stop (f) the Contractor shall not be liable for the any loss of or damage caused in accessing the work area beyond reasonable control of the Contractor (including, without limitation, to ceiling tiles and panels, face brickwork and rendered masonry services) which the Contractor may have to break into or disturb in performance of the Works), unless due to the Customer’s vehiclenegligence of the Contractor;
(g) under no circumstances, its accessories or contents while being repaired or operated in connection with will the authorised Works (including in Contractor handle removal of asbestos product. In the event asbestos (or other hazardous material) is discovered on the Worksite:
(i) the Contractor shall suspend the Works;
(ii) the Client shall be fully responsible for the resolution of any resulting problems;
(iii) any additional cost incurred by the Contractor shall be added to the Price under clause 6.2; and
(h) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur;
(ii) expand, contract or distort as a call-out: it result of exposure to heat, cold, weather;
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
8.7 Where the Contractor requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply the Contractor a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the CustomerClient’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employeesresponsibility.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contract
Risk. 9.1 7.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 11 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
9.2 (b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
7.2 Notwithstanding the provisions of clause 9.1 7.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 7.3 The Customer Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any plumbing connections (including, but not limited to, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe plumbing or latent or unfavourable soil conditions such as liquefaction residue or risk) that the Contractor, or the Contractor’s employees, reasonably form the opinion that the Client’s premises is not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with the provisions of clause 6.2 above) until the Contractor is satisfied that it is safe for the installation to proceed.
7.4 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
7.5 The Client acknowledges that:
(a) the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where Pit Stop the Contractor is requested to merely clear such blockages, the Contractor can offer no guarantee against reoccurrence or further damage. In the event of collapse during the pipe clearing process, the Contractor will immediately advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work; and
(b) where the Contractor has performed temporary repairs on the vehicle that:
(i) Pit Stop the Contractor offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop the Contractor will immediately advise the Customer Client of the fault and shall provide the Customer Client with an estimate for the full repair required; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop the Contractor is only responsible for Parts components that are replaced by Pit Stop the Contractor and does not at any stage accept any liability in respect of previous goods and/or services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure; and
(d) where the Client has supplied goods for the Contractor to complete the Works, the Customer agrees to indemnify Pit Stop against Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those goods; and
(e) the Contractor shall not be liable for any loss or damage to the Parts, or caused by the Parts, Works (or any part thereof thereof) howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works arising where sub-clauses (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risksc) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.and
Appears in 1 contract
Samples: Contract
Risk. 9.1 8.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 9 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery.
(b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Delivery Upon completion of the Parts Works all risk for the Works shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier takes possession of the Parts at Pit Stop’s address; or
(ii) the Parts are delivered by Pit Stop or Pit Stop’s nominated carrier pass to the Customer’s nominated delivery address (even if the Customer is not present at the address)Client.
9.2 8.2 Notwithstanding the provisions of clause 9.1 8.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 8.3 The Customer Contractor shall be entitled to rely on the accuracy of any plans, specifications (including but not limited to Council consent alterations after consent has been granted) and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts thatno responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
8.4 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos and/or non-compliant existing structures) that the Contractor, or employees of the Contractor, reasonably form the opinion that the Client’s premises is not safe for the installation of Materials to proceed then the Contractor shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 7.2 above) until the Contractor is satisfied that it is safe for the installation to proceed.
8.5 Where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges that they accept responsibility for adherence to industry standards that they are suitable for purpose, and no faults are inherent in the materials. The Contractor shall not be responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
8.6 The Contractor shall not be held liable for the quality of the Works if the Client does not follow the Contractor’s recommendations.
8.7 The Client acknowledges that Materials supplied may exhibit variations in shade, colour, texture, surface and finish, and may fade or change colour over time. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur, particularly when matching new materials with pre-existing items.
8.8 Timber is a natural product and as such may exhibit variations in texture, shade, colour, surface, finish, markings, veining, and contain natural fissures, occlusions, and indentations. Whilst the Contractor will make every effort to match sales samples to the finished Materials, the Contractor accepts no liability whatsoever where such samples differ to the finished Materials supplied.
8.9 Timber is a hydroscopic material subject to expansion and contraction, therefore the Contractor will accept no responsibility for gaps that may appear in timber finishing works (including but not limited to, flooring, wall panelling and the cladding system) during prolonged dry periods.
8.10 The Contractor will not accept responsibility for any damage to the finishing lines of the timber structure (including but not limited to, flooring, wall panelling and the cladding system) due to microenvironments caused by air-conditioning, heating or large expanses of glass windows without curtains or blinds.
8.11 Whilst the Contractor will take all due care to avoid contamination of the finished surface, the Contractor accepts no responsibility for contamination by natural contaminates such as dust or hair which may be present at the worksite.
8.12 The Client will only inspect or view a timber floor from a standing position, as this is generally how you will be living on it. Minor marks or slight imperfections in the floor finish that can only be viewed from a crouching or kneeling position will not be considered defects.
8.13 The Client acknowledges that Materials provided may:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, fade or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair requiredchange colour over time; and
(b) expand, contract or distort as a result of exposure to heat, cold, weather, and therefore the Contractor will accept no responsibility for gaps that may appear in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security of the vehicle or the keys, and shall not be held liable for any loss, damages or costs howsoever resultingflooring during prolonged dry periods; and
(c) Pit Stop is only responsible for Parts that are replaced mark or stain if exposed to certain substances; and
(d) be damaged or disfigured by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss impact or damage to the Parts, or caused by the Parts, or any part thereof howsoever arisingscratching.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employees.
Appears in 1 contract
Samples: Contractor Agreement
Risk. 9.1 7.1 If Pit Stop MCS retains ownership of the Parts Materials under clause 10 12 then:
(a) where Pit Stop MCS is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer on delivery and the Customer must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:;
(i) the Customer or the Customer’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stop’s MCS’ address; or
(ii) the Parts Materials are delivered by Pit Stop MCS or Pit Stop’s MCS’ nominated carrier to the Customer’s nominated delivery address (even if the Customer is not present at the address).
9.2 Notwithstanding the provisions of clause 9.1 if the Customer specifically requests Pit Stop to leave Parts outside Pit Stop’s premises for collection or to deliver the Parts to an unattended location then such materials shall always be left at sole risk of the Customer and it shall be the Customer’s responsibility to ensure the Parts are insured adequately or at all. In the event that such Parts are lost, damaged or destroyed then replacement of the Parts shall be at the Customer’s expense.
9.3 The Customer acknowledges and accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair required; and
(b) where MCS is to both supply and install Materials then MCS may maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Customer.
7.2 Where the Customer has supplied materials for MCS to complete the Works, the Customer acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop materials. MCS shall not be responsible for any defects in the security Works, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the vehicle or the keys, Customer.
7.3 The Customer acknowledges that variations of colour and texture are inherent in concrete. MCS shall not be held liable for any loss, damages or costs howsoever resultingarising resulting from any variation of the colour or texture between different batches of product.
7.4 Detailed drawings of any services that will be embedded in the concrete are to be provided to MCS prior to commencement of any Works. Whilst all due care will be taken no liability will be accepted by MCS for damage to the services or any other element embedded in the concrete.
7.5 Where the Customer requests MCS not to drive over materials, the Customer must advise MCS so appropriate planning can be taken to effect delivery.
7.6 Where a slab is to be placed on a fill site, special requirements are applicable and additional charges may apply.
7.7 MCS gives no guarantee (expressed or implied) as to the length of time the curing process will take and/or against cracking of concrete that may occur naturally in the works such as:
(a) hairline cracking of paving and grout; andor
(b) damage caused by contact with chemicals, solvents, oils or any other substances; or
(c) Pit Stop the affects by elements such as heat exposure or wet weather conditions that prolong the curing process.
7.8 The Customer acknowledges and agrees that it is only responsible their responsibility to organise and be liable for Parts that are replaced by Pit Stop all costs associated with protecting the concrete and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found shall take all reasonable precautions to be the source of the failure, the Customer agrees to indemnify Pit Stop protect against any loss destruction or damage by way of vandalism. In the event that the concrete is destroyed or damaged due to vandalism then the Parts, cost of repair or caused replacement shall be borne by the Parts, or any part thereof howsoever arisingCustomer.
9.4 Pit Stop 7.9 MCS shall not be liable for any defect in the loss Works if the Customer does not follow MCS’ recommendation to:
(a) water the concrete for a periodically to limit the risk of possible cracking due to weather conditions;
(b) no foot traffic and/or any vehicles on the concrete for a minimum of forty-eight (48) hours but preferably seven (7) days;
(c) no heavy furniture to be placed on the concrete area for a minimum of twenty-four (24) hours.
7.10 Where MCS gives advice or damage recommendations to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with agent, regarding the vehicle to ensure security suitability of the same)worksite for the laying of concrete slabs, unless caused by foundations or similar works and such advice or recommendations are not acted upon then MCS shall require the negligence Customer or their agent to authorise commencement of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage (including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premisesWorks in writing. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will MCS shall not be liable in any way whatsoever for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, losses that occur after any subsequent commencement of the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employeesWorks.
7.11 The Customer shall supply an area suitable for washing out MCS’ equipment and for depositing all unused concrete and slurry.
Appears in 1 contract
Samples: Contract
Risk. 9.1 If Pit Stop the Contractor retains ownership of the Parts Materials under clause 10 15 then:
(a) where Pit Stop the Contractor is supplying Parts Materials only, all risk for the Parts Materials shall immediately pass to the Customer Client on delivery and the Customer Client must insure the Parts Materials on or before delivery. Delivery of the Parts Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer Client or the CustomerClient’s nominated carrier xxxxxxx takes possession of the Parts Materials at Pit Stopthe Contractor’s address; or
(ii) the Parts Materials are delivered by Pit Stop the Contractor or Pit Stopthe Contractor’s nominated carrier to the CustomerClient’s nominated delivery address (even if the Customer Client is not present at the address).
(b) where the Contractor is to both supply and install Materials then the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
9.2 Notwithstanding the provisions of clause 9.1 if the Customer Client specifically requests Pit Stop the Contractor to leave Parts Materials outside Pit Stopthe Contractor’s premises for collection or to deliver the Parts Materials to an unattended location then such materials shall always be left at sole risk of the Customer Client and it shall be the CustomerClient’s responsibility to ensure the Parts Materials are insured adequately or at all. In the event that such Parts Materials are lost, damaged or destroyed then replacement of the Parts Materials shall be at the CustomerClient’s expense.
9.3 Where the Contractor is required to install the Materials the Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
9.4 The Customer Client acknowledges that:
(a) all flooring, ceilings and walls must be complete and compliant with all BCA and Australian Standards and tolerances prior to the check measure stage; and
(b) the Contractor is only responsible for parts that are replaced by the Contractor and that in the event that other parts/Materials, subsequently fail, the Client agrees to indemnify the Contractor against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and
(c) where the Client has supplied materials for the Contractor to complete the Works, the Client acknowledges and accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. The Contractor shall not be responsible for any defects in the Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
9.5 The Client acknowledges that Materials supplied may be produced from natural materials, and as such may
(a) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, hairline cracks, pitting, dull spots or watermarks, occlusions, lines, indentations and may fade or change colour over time, and:
(i) such variations do not compromise the integrity of the Materials in any way; they are natural characteristics of the materials and will not impair the function or durability of the Materials; and
(ii) while every effort will be taken by the Contractor to match colour or grain of such products, the Contractor will take no responsibility for any variation of granite, marble, stone and other natural products between sale samples and the final Materials supplied; and
(iii) the Contractor strongly recommends that the Client inspects samples prior to confirming an order for the Materials to ensure that all aspects of the natural qualities are fully understood and accepted.
(b) mark or stain if exposed to certain substances; and
(c) be damaged or disfigured by impact or scratching.
9.6 The Contractor shall not be held responsible for any damage to the Materials caused by:
(a) weight being placed in the Materials once installed; or
(b) outside agents or other tradesmen
9.7 Where the Client agrees to provide plumbing and/or electrical services or to supply appliances, the Client must ensure that the site is ready and appliances available for installation by the Contractor.
9.8 The Client further accepts that:
(a) where Pit Stop has performed temporary repairs on the vehicle that:
(i) Pit Stop offers no guarantee against the reoccurrence alignment of the initial fault, cabinetry joinery doors and carcasses may be affected by movement of homes or any further damage caused; and
(ii) Pit Stop will immediately advise the Customer of the fault and shall provide the Customer with an estimate for the full repair requiredbuildings; and
(b) in the event the Customer requests Pit Stop to work on a vehicle, and leaves the vehicle and/or the keys at Pit Stop’s premises whilst the site is unattended, then Pit Stop shall not be responsible for the security polish finish of the vehicle or the keys, and shall not Materials may be held liable for any loss, damages or costs howsoever resulting; and
(c) Pit Stop is only responsible for Parts that are replaced affected by Pit Stop and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify Pit Stop against any loss or damage to the Parts, or caused by the Parts, or any part thereof howsoever arising.
9.4 Pit Stop shall not be liable for the loss of or damage to the Customer’s vehicle, its accessories or contents while being repaired or operated in connection with the authorised Works (including in the event of a call-out: it shall be the Customer’s responsibility to remain with the vehicle to ensure security of the same), unless caused by the negligence of Pit Stop, or Pit Stop’s employees.
9.5 It is the Customer’s responsibility to ensure that the Customer’s vehicle is insured against all possible damage environmental factors (including, but not limited to, humidity, weather, extreme heat etc). Although the perils of accidentContractor will employ all possible measures to obtain a high quality finish, fire, theft and burglary and all other usual risks) whilst stored at Pit Stop’s premises. The vehicle is at all times stored and repaired at the Customer’s sole risk.
9.6 Pit Stop or its employees may test drive or carry out tests on the vehicle at Pit Stop’s discretion. Pit Stop will Contractor shall not be liable for (and the Customer indemnifies Pit Stop against) any damages caused to, or by, the vehicle during such tests, collecting or delivery unless it arises from the recklessness or wilful misconduct of Pit Stop or its employeeschange in finish which is due to environmental factors.
Appears in 1 contract
Samples: Contract Agreement
