Seaside Construct WA Pty Ltd may offer, and the Customer may accept any of the following services and materials (“Services and Goods”) provided by Seaside Construct WA Pty Ltd.               a/ Services and/or Goods as nominated in a quote or Invoice provided by Seaside Construct WA Pty Ltd                                                                                                                                           

The Term of this Agreement extends from the Commencement Date until the Expiry Date.  Unless otherwise terminated in accordance to these Terms and Conditions.

Prices are as stipulated in the quote provided by Seaside Construct WA Pty Ltd                    

You may cancel any quote (whether it is accepted) at any time prior to the dispatch of any materials for that quote, by written request only to admin@seasideconstructwa.com
On cancelling the quote, we will refund you your payment. If we cannot stop the Goods order at the time of cancellation, then you will be required to accept delivery and then return the products to the Goods Supplier in order to receive a refund.

Seaside Construct WA Pty Ltd may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:                                any item in that order is not available; there is an error in the price or product in that order.
For the avoidance of doubt, where due to an error the price published or advertised for 3rd party Services and/or Goods  is incorrect, Seaside Construct WA Pty Ltd will not be required to honour the incorrect price.

Seaside Construct WA Pty Ltd will issue an invoice to the Customer describing those Services and/or Goods ordered and the purchase price (“Invoice”).

If any Invoice issued by Seaside Construct WA Pty Ltd with respect to the Services is disputed by the Customer, the Customer must notify the Seaside Construct WA Pty Ltd in writing of the reasons.  All invoiced amounts not disputed in writing within 14 days of the Invoice date are deemed accepted.

The available payment methods are                                                                                                                 a/      Direct deposit/electronic funds transfer                                                                                       b/     Cheque

The Customer must pay for the Services and/or Goods ordered in accordance with the terms of the Invoice.  
If the Invoice is not paid in full by the due date, Seaside Construct WA Pty Ltd may exercise its rights under the Event of Default clause and in addition, may charge the Customer a late payment fee on the unpaid amount for the period from its due date until it is paid in full. The late payment fee will be calculated daily at a rate of 10% per annum on overdue amounts at the discretion of Seaside Construct WA Pty Ltd. The Customer must pay the late payment fee to Seaside Construct WA Pty Ltd upon demand.                                                                                                  

The Customer agrees to pay to and indemnify Seaside Construct WA Pty Ltd against all costs and expenses incurred (including legal costs on an indemnity basis) by Seaside Construct WA Pty Ltd in connection with:
a.    default by the Customer under these Terms and Conditions;
b.    the recovery of any monies due and unpaid by the Customer

The Customer must pay Seaside Construct WA Pty Ltd all costs and expenses incurred by Seaside Construct WA Pty Ltd in seeking to enforce and in enforcing Seaside Construct WA Pty Ltd rights under these Terms and Conditions, including any legal expenses (on a full indemnity basis), debt recovery agents' fees and commissions, process server fees, company and business search fees and any other investigation fees, charges and the internal administration costs of Seaside Construct WA Pty Ltd.

The intellectual property rights of the services and title to the Goods does not pass from Seaside Construct WA Pty Ltd to the Customer until the Customer pays the Invoice in full and all other monies owing by the Customer on any account. Until intellectual property rights of the services and title to the Goods passes to the Customer, the Customer must
a/    hold the Goods in trust as bailee for the Supplier;
b/.    store the Goods properly and separately and in accordance with a system whereby the Customer can readily identify the Goods as the property of Seaside Construct WA Pty Ltd;
c.    The Customer irrevocably authorises Seaside Construct WA Pty if the Customer has breached these Terms and Conditions or there is an Event of Default, to reclaim possession of the Goods.                                                                                                                                                                 The Customer indemnifies Seaside Construct WA Pty of the services against any liability to any person in connection with the entry or reclamation.

Seaside Construct WA Pty uses third party sub-contractors. The Customer acknowledges and agrees that Seaside Construct WA Pty will not be liable for any acts or omissions of any third-party sub-contractors the Seaside Construct WA Pty uses in connection with these Terms and Conditions

    Force Majeure.
Seaside Construct WA Pty may suspend delivery or reduce the quantity of Services to be delivered if Seaside Construct WA Pty is unable to deliver any or all the Services by reason of circumstances beyond its reasonable control. In the effects of a force majeure event Seaside Construct WA Pty may in its absolute discretion, cancel the quote/work order by notice in writing to the Customer. The Customer will have no claim against Seaside Construct WA Pty for any damages, loss or expenses arising from any delay or termination authorised by this clause.

The Customer guarantees:
a.    it has and will continue to have any necessary permit, consent, government authorisation or license required to carry out the quoted scope of work

The Customer will be in default of these Terms and Conditions if any one or more of the following events (“Event of Default”) occur:                                                                                                       a/  Any permit, registration or government authority or license required to carry on the                   b/ Customer’s scope of quoted works is either cancelled or revoked; or                                            c/ The Customer fails to perform in whole or in part any of its obligations under or is in breach in whole or in part of any term of, these Terms and Conditions and fails to remedy the breach within 7 days after receiving written notice of such breach.

If there is an Event of Default, in addition to any other rights Seaside Construct WA Pty may have, Seaside Construct WA Pty may take one or more of the following actions:
a/ Treat the Terms and Conditions as repudiated and seek from the Customer for any loss and damage in respect of the Terms and Conditions;
b/ Repossess any Goods in the Customer’s possession in respect of which title has not yet passed to the Customer; or
c/ Require the immediate payment by the Customer of all monies owing by the Customer to Seaside Construct WA Pty under any account.

These Terms and Conditions represent the entire agreement or contract between Seaside Construct WA Pty and the Customer for the supply of Services and/or Goods by Seaside Construct WA Pty. 

Where any clause of these Terms and Conditions is rendered void, unenforceable, or otherwise ineffective, that cause will be considered to be severed from these Terms and Conditions and such severance shall not affect the validity, enforceability or effectiveness of any other clauses or provision in these Terms and Conditions.
These Terms and Conditions may only be amended, supplemented or notated in writing executed by both parties.