Terms and Conditions

JUST TRAFFIC PTY. LTD.

TERMS AND CONDITIONS OF TRADE (“Terms”)

1. THESE TERMS

These Terms shall govern every order for Works placed by You with Just Traffic Pty. Ltd, its directors, servants, agents and assigns.

2. DEFINITIONS

2.1 “JT” means Just Traffic Pty. Ltd.;

2.2 “Price” means the money to be paid by You for the Works which is calculated in accordance with the JT yearly management rates form (which may be updated from time to time by Us without notice) and it excludes GST and all other third party disbursements;

2.3 “Term” means any term of these Terms;

2.4 “Terms” means these terms and conditions of trade;

2.5 “We”, “Us” “Our” mean JT, its directors, agents, servants, representatives and assigns;

2.6 “Works” means all traffic management, traffic controller, labour and other such services as requested in a purchase order by You from time to time;

2.7 “You” means you, whether You trade as an individual, a corporate entity or through some other structure;

2.8 “5% Discount” means a five percentage point discount on our Price and it includes GST but not any third party disbursements incurred by us.

 

3. CREDIT APPLICATION

3.1 You may at your discretion complete and submit an application for credit with Us at any time.

3.2 We reserve the right to accept or decline any application for credit.

3.3 In making a decision whether to extend credit pursuant to Term 3.2, We may request further information from You. No provision of credit will be made by Us pending any supply by You of further information.

3.4 In the event that You are extended by Us, You will be notified of same in writing.

3.5 In the event that You are not extended credit, You will be notified of same in writing.

4. ORDERS

4.1 Once You have been extended credit in accordance with Term 3, You will be at liberty to submit a purchase order to Us at any stage by post, email, facsimile, by telephone, by hand or in person verbally.

4.2 If a purchase order is accepted by Us, You shall be notified either verbally or in writing by Us.

4.3 We reserve the right not to accept any purchase order.

4.4 No purchase order shall be binding until such time as it has been accepted by Us.

5. WORKS

5.1 The Works shall be performed by Us in exchange for payment.

5.2 The Works shall be provided by Us at a time and at a location nominated by You in your purchase order.

5.3 We shall be responsible for sourcing traffic controllers and equipment and delivering them to your work site, unless otherwise agreed with You, for the purpose of completing the Works.

6. PRICE

6.1 Upon completion of the Works, or during an interim period if the Works are to be performed over a period in excess of five consecutive days, You must pay for the Works.

6.2 We shall provide You with an invoice for the Works by facsimile, email, by post or by hand.

6.3 The invoice(s) shall reflect the Price for the Works.

6.4 The Price is always exclusive of GST, but GST will be itemised in any invoice supplied to You.

6.5 Allowances must be taken into account by You as they form part of the Price and must be paid. Details of all allowances are contained in the JT yearly management rates form. They will be invoiced by Us.

6.6 Overtime also forms part of the Price, where applicable, and must be paid.  Overtime at a rate of 1.7 hours will be charged for every hour of overtime (or part thereof) upon completion by Us of a shift of work . Shifts shall be eight hours on weekdays, weekends and public holidays.  Overtime will be invoiced by Us.

6.7 Payment of each invoice must be within 30 days from the date printed on the invoice.

6.8 Failure to pay any invoice may result in a suspension of any credit extended to You and may result in recovery action by Us. You agree that in the event We take recovery action, You shall be obliged to reimburse Us for our legal and all other collection expenses on an indemnity basis.

6.9 From time to time, We may advertise a 5% Discount on any quotation received from another provider of traffic management services. We may advertise same on our website, in print or in person.

6.10 In order to invoke the 5% Discount so it is part of the Price, You must present to Us a quotation from a provider of traffic management services which is comparable to the Works. The quotation must specify the exact nature of the traffic management services being quoted on, the proposed dates for the traffic management services, the number of traffic controllers required, the address for the site of the works, the name, address and telephone number of the person or company who has supplied you with the quotation and their Australian Business Number as well as the price for the traffic management services.

6.11 JT reserves the right to decline the 5% Discount in circumstances where We are not satisfied that any quotation is not a legitimate quotation for traffic management services. JT’s right to decline the 5% Discount is unilateral and it may do so at its own discretion.

6.12 If JT is satisfied that the quotation is legitimate, JT will acknowledge that a 5% Discount is offered when We supply a quotation to you.

6.13 If you issue Us with a purchase order for the Works set out in the quotation, then the 5% Discount will form part of these Terms for that quotation only.

6.14 Such a 5% Discount will be processed at the end of the Works and will be reflected on your invoice.

6.15 If the 5% Discount is not reflected on any quotation supplied by Us to You, then it does not form part of these Terms for the purpose of that quotation.

7. CANCELLATION OF AN ORDER

7.1 You may cancel a purchase order at any time provided that such cancellation is communicated to Us by email, facsimile, telephone or in person at least four hours prior to the allocated time for commencement of works, as nominated by You.

7.2 In the event You fail to inform Us of the cancellation in the time specified in Term 7.1, You will be obliged to pay for the first four hours of your booking as a cost thrown away. Those first four hours will reflect the total Price of what was ordered by You during those hours, including GST and any third party disbursements and will be invoiced by Us accordingly.

8. LIABILITY

8.1   JT takes its role in providing quality Works seriously. However, We will not be responsible for and You release and indemnify Us for any loss suffered by You and/or any third party arising out of and relating to the movement of any goods or items at any work site, the performance of the Works at or around any work site (save as where liability is deemed by legislation) and the actions of third parties at any work site.

8.2 You and JT agree that JT is not liable for any consequential loss suffered by you, howsoever arising.

8.3 Any equipment belonging to Us which is stolen from site will be reimbursed to Us by You in accordance with usual commercial rates. It will be invoiced by Us accordingly.

9. WAIVER

Nothing in these Terms constitute a waiver of rights by Us.

10. SEVERANCE

In the event that any part of these Terms is ruled invalid by a Court of competent jurisdiction, then that part shall be struck out of these Terms and these Terms shall otherwise remain legally valid and enforceable.

11. JURISDICTION

Each party to these Terms agrees that the jurisdiction for any dispute is Victoria, Australia and that the Courts of Victoria have exclusive jurisdiction over any such dispute.

12. ENTIRE AGREEMENT

These Terms represent the entire contractual agreement between the parties, save for any credit application, purchase order and/or invoice which will also form part of the agreement. Nothing else shall form part of any such agreement.

13. VARIATION

13.1 These Terms may only be varied by written agreement between the parties.

13.2  Any written agreement must be signed off on by a director of JT.

14. NO ASSIGNMENT OR NOVATION

These Terms may not be assigned or novated without the written approval of JT.

15. TERMINATION

15.1 Either party may terminate these Terms at any stage by providing written notice to the other party. Termination shall take effect once all Works, as ordered by You and accepted by Us as of the date of any termination notice, have been completed and paid for by You.

15.2 Termination by either party does not require evidence of fault or breach.

 

16. NOTICES

16.1 Any written notice served under this agreement must be by way of email (unless otherwise specified in these Terms) to an email address set out in the application for credit by You, or in correspondence by Us.

16.2 Service of any written notice shall be deemed from the moment it was sent by either party, provided that party has an email delivery receipt for same.