Legal

Terms & Conditions of Quotation

These terms apply to all quotations issued by Into Action Pty Ltd trading as Into Action Automation (ABN: 72 671 521 690).

1.Deposit & Payment Requirements

Quotes under $1,000: payment in full is required upon order.

Quotes over $1,000:

• 50% deposit is required upon order.

• Progress payments totalling 40% will become due at agreed stages, which may include (as applicable): ordering of materials, commencement of fabrication, powder coating stage, prior to start of installation, completion of a major section. An individual payment schedule may be supplied per project.

• Final 10% payment is required by close of business on the day of completion (no terms given).

Supply-only orders: full payment is required upon ordering.

Payment methods: direct deposit or cash. Credit card facilities (if offered) incur an additional fee.

2.Quotation Validity, Scope and Customer Purchase Orders

This quotation is valid for thirty (30) days from the date of quotation unless stated otherwise.

Prices quoted are based on acceptance of the quotation as a whole. If only part of the quotation is accepted, the Seller may reprice the works.

If the Customer issues a purchase order or other customer terms, those terms apply only to the extent the Seller agrees in writing. Otherwise, this quotation and these terms apply.

3.Cancellations & Refunds

Cancellation of an order can be made only with the Seller's consent and upon terms that compensate the Seller against loss.

Where a refund is approved, refunds will be provided less:

• costs of materials and services incurred up to the date of cancellation; and

• an administration fee of 15% or $250 (whichever is greater).

Refunds are processed within 7 working days of agreement of the refund amount.

4.Variations

Any variation of the work or materials must be in writing and signed by the Customer or the Customer's authorised representative.

Verbal variations are not accepted.

Variations to quoted works will incur additional cost to the Customer based upon cost to the Seller.

5.Site, Services, Latent Conditions & Standard Exclusions

Site conditions and alignment

Price is based on a cleared and surveyed alignment. Unless included in the quotation, any costs incurred in respect of clearing and surveying the alignment will be added to the Customer's invoice.

The Customer shall verify with council the legal specifications of fencing.

Services and utilities

The Customer must advise the installer of the location of all electrical cables, gas or water mains, sewerage, telephone lines, and any other service facility which is or may be affected by the installation.

The Seller will take reasonable care; however, the Seller accepts no responsibility for damage to services and/or property that have not been identified, moved, or removed by the Customer.

Existing conditions and equipment

No responsibility will be taken for existing equipment, wiring, plumbing, electrical, conduit and cables or any existing foundations or foundation coverings (e.g., pavers, exposed aggregate, stencilled driveway etc.).

No responsibility will be taken for existing sliding and/or swing gates and fixings, existing automation equipment, existing induction loop cabling, or existing access control equipment. Any faults found with this equipment may incur a variation to the contract price.

Latent conditions

Unless stated in the quotation, no allowance has been made for obstructions such as rock, concrete, tree roots, broken posts, hidden footings, or other latent conditions encountered during installation.

If latent conditions are encountered, additional costs will be advised to the Customer prior to proceeding. Extra labour charges may apply based on ruling hourly rates plus hire costs of necessary equipment.

Standard exclusions (unless specifically stated otherwise)

The following are standard exclusions from all quotations unless specifically stated otherwise in the scope of works:

• Provision of any/all 240 volt power for equipment.

• Clearing of vegetation/obstacles (including removal off site and disposal fees).

• Provision of all required concrete works.

• Provision of all required conduit and cabling works.

• Any work to doors/gates to ensure suitability for automation.

• Any core drilling or jackhammering unless otherwise stated.

Soil and spoil

Soil is not removed from site; it is spread along the fence line or garden beds.

6.Authority to Proceed and Property Owner Consent

Upon acceptance of the quotation, payment will be the responsibility of the person or legal entity to whom this quotation is directed.

Acceptance will be taken as authority to proceed with the works (including demolition of existing fences and other obstructions where included).

The Customer warrants they have obtained the agreement of all other property owners and occupants affected in any way by the works.

7.Colours and Finishes

Colours may vary from powder coat batch to batch and may appear different across media types. The Seller accepts no responsibility for colour discrepancies or colour choices made by the Customer.

8.Installation / Delivery Timing

Unless otherwise agreed in writing, the time of installation or delivery is calculated from the date of the deposit.

Every effort is made to meet estimated timeframes; however, the Seller assumes no liability for loss or damages incurred by delays of installation or delivery.

9.Warranties and Warranty Conditions

The Seller makes no warranties, either express or otherwise, under this Agreement except to the extent that the goods supplied are covered by the manufacturer's warranty. The Seller will pass on to the Customer the benefit of the manufacturer's warranty.

Workmanship is covered by the Seller for a period of twelve (12) months from the date of installation.

Manufacturer's warranties do not include labour. After the workmanship period, labour may be an additional charge for manufacturer's warranty claims.

Gate automation requires servicing at minimum every 12 months (minimum 6 months if commercial) to maintain warranty from the manufacturer.

Upon discovery of any defect in the goods supplied, the Customer shall notify the Seller in writing as soon as reasonably possible.

The Customer shall not carry out any remedial work without first obtaining the written consent of the Seller to do so — this will void warranty.

Not covered by warranty includes:

• Ground movement (not in the Seller's control).

• Damage as a result of vandalism, climbing, vegetation, vehicle damage, swinging on gates, normal wear and tear and natural changes.

• Supply-only products due to handling, installation and storage.

10.Late Payment and Recovery Costs

Payments must be made when due. If any amount is not paid by the due date, the Seller may charge interest on the overdue amount at 13% per annum and an administration fee of $35 per week (or part week) until paid.

The Customer also agrees to pay reasonable costs the Seller incurs in recovering overdue amounts (including debt collection agency and legal costs).

11.Suspension, Title and Risk

If a payment is overdue, the Seller may pause works and/or withhold handover or commissioning items (such as remotes, access devices, programming, commissioning and completion documentation) until overdue amounts are paid.

Risk will pass to the Customer on delivery of the goods notwithstanding that ownership remains with the Seller until payment is made in full.

Ownership of the goods supplied remains with the Seller until payment in full is received from the Customer.

Once full payment of all monies due (including variations incurred) has been completed, property ownership of the goods shall pass to the Customer.

12.Company Details

Into Action Pty Ltd trading as Into Action Automation

ABN: 72 671 521 690

Email: [email protected]

Phone: (07) 3477 9252

Website: www.intoaction.com.au

By accepting a quotation from Into Action Automation, you confirm that you have read, understood, and agree to these Terms and Conditions. For any questions, contact us at [email protected] or call (07) 3477 9252.