1. SCOPE OF THE AGREEMENT
1.1 Subject to the terms and conditions of this Agreement:
1.1.1 Green Master Ltd undertakes to carry out the agreed works; and
1.1.2 the Customer undertakes to accept and pay for the agreed works.
2. CUSTOMER’S RESPONSIBILITIES
2.1 The Customer warrants that:
(a) the Customer is the owner of the property stated on the cover page of this agreement (“Site”) or is authorised by the owner of the Site to carry out the agreed works on the Site; and
(b) Green Master Ltd shall have free and unimpeded access to the Site for the purpose of carrying out the agreed works, and that (except where agreed otherwise) the Site will be cleared of all debris prior to commencement of the agreed works.
2.2 The Customer shall ensure that, if other parties are to be allowed access to the Site during the term of this agreement, this shall be by agreement with Green Master Ltd, and the Customer shall ensure that such other contractors are co-ordinated to allow unimpeded access to the Site or completion of works by Green Master Ltd.
3.1 Green Master Ltd may produce a quotation for the Customer. The Quotation shall be subject to these Terms and Conditions and shall be valid for a period of 30 days.
3.2 The Quotation will be adjusted for any increase in the price that could not reasonably have been foreseen by Green Master Ltd at the time these Terms and Conditions are accepted.
3.3 The Quotation will be adjusted to include any increase and decreases in Goods and Services Tax (“GST”) that come into effect after the commencement of this have been accepted.
4. CONTRACT SUM AND PAYMENT
4.1 The Customer shall pay to Green Master Ltd the agreed price (“Contract Sum”) in the manner, at the rate and at the times provided in this agreement.
4.2 The Customer shall pay Green Master Ltd the amounts due under clause 4.1 within 7 days of receiving an invoice from Green Master Ltd.
4.3 Where any monies owing under this agreement are not paid by the due date, the Customer shall pay interest equal to 1.5 times the interest rate payable by Green Master Ltd for its overdraft facilities at the time of the default. This interest shall be paid from the date on which the amount became due to the date of payment together with all solicitor’s fees and/or debt collection costs incurred by Green Master Ltd.
4.4 All materials supplied by Green Master Ltd, including materials incorporated into the agreed works, shall remain the property of Green Master Ltd until payment has been made in full. Green Master Ltd shall be entitled to unrestricted access to the Site to dismantle and remove all agreed works and materials if payment is not made in accordance with this agreement.
4.5 If the Site is sold or is in any way disposed of, prior to all payments being made to Green Master Ltd, the Customer shall hold the proceeds of such sale or disposition in trust for Green Master Ltd to the extent that any monies remain owing under this agreement.
5. DEFAULT AND TERMINATION
5.1 Either party may terminate this agreement forthwith, or in the case of Green Master Ltd suspend the carrying out of the agreed works until further notice, in the event that a liquidator, trustee and bankruptcy, receiver or receiver and manager is appointed in respect of the assets of the other party.
5.2 Green Master Ltd may either terminate this agreement forthwith, or forthwith suspend the carrying out of the agreed works until further notice, in the event that the Customer fails to make any payment due to Green Master Ltd under this agreement by the due date.
5.3 In the event that this agreement shall have been terminated, or the carrying out of the agreed works has been suspended pursuant to clause 5, the Customer shall reimburse Green Master Ltd all direct costs and expenses incurred as a consequence of such termination or suspension.
6. FORCE MAJEURE
6.1 No failure or omission by either party to carry out or observe any of the terms and conditions of this agreement shall, except in relation to obligations to make payment hereunder, give rise to any claim against the party in question or be deemed a breach of this agreement if such failure or omission arises from any cause reasonably beyond the control of that party.
7. CONSTRUCTION CONTRACTS ACT
7.1 This contract is subject to the Construction Contracts Act 2002. Disputes shall be settled in accordance with the provisions of that Act.