Terms & Conditions

General

All Purchases of Goods and Services are supplied to Purchasers on the following Terms and Conditions.  No person employed by or acting as an agent of Reozone or purporting to do so has authority to supply Goods or Services on any other terms and conditions or to vary these Terms and Conditions in any way whatsoever unless authorised in writing by Reozone Pty Ltd ABN 48 784 895 894 trading as Reozone.

1. DEFINITIONS

1.1 -  In these Terms and Conditions:

(a) Contract means the contract created in accordance with clause 5;

(b) Delivery Offer means the delivery offer, which sets out the terms and conditions on which Reozone delivers Goods, and which is available on request from Reozone.

(c) Goods means goods, products, materials and services supplied by Reozone under the Contract;

(d) Reozone means Reozone Pty Ltd ABN 48784 895 894;

(e) Purchaser means the person or company that agrees to purchase the Goods or Services;

(f) Guarantor means the person(s) or entity who agrees to be liable for the debts of the purchaser;

(g) Quotation means a quote for Goods and/or Services issued to the Purchaser by Reozone;

(h) Working Documents means architectural drawings, structural drawings, construction drawings, specifications and reinforcement schedules or other documents together with any variation or site instruction;

(i) Services means any labour performed and/or works provided by Reozone under the Contract (whether or not a fee is charged for such labour and/or services), including but not limited to estimating, scheduling, re-scheduling, detailing, prefabrication, project management, steel fixing and administrative services;

(j) Writing means hard copy, signed by a person authorised in writing, or electronic, transmitted by a person authorised in writing.

2. QUANTITIES

2.1 Generally, the steel mass of steel reinforcing Goods supplied will be within the tolerances permitted by Australian Standards AS/NZS4671, AS3600, AS5100, AS2870, AS2327 and AS/NZS1100.

2.2 When calculating the mass of the steel reinforcing Goods, Reozone will make calculations on a per metre basis in accordance with AS/NZS4671. Reozone will make an allowance for manufacturing tolerances onto the calculated nominal mass to cover rolling variations and other costs.

2.3 Calculations with respect to the length of steel reinforcing will be made in accordance with AS/NZS1100 Part 501.

2.4 Unless the Quotation states that the price is a lump sum, the price in the Quotation is based on estimated quantities of Goods and Services as applicable. Estimated quantities are to be used as a guide only for budgeting purposes. Unless the price is a lump sum, the Purchaser is liable to pay for the actual quantity of Goods and the quantum of the Services necessary for Reozone to perform its obligations. Other than with a lump sum price, any adjustment in the actual price compared to the quoted price will reflect the increase or decrease of the Goods and/or Works actually supplied or provided.

3. QUOTATIONS AND PRICING

3.1 Reozone may at any time and at its absolute discretion accept or reject in whole or in part any request from the Purchaser for a Quotation.

3.2 A Quotation is valid for a period of 30 days from the date of the Quotation, unless Reozone specifies otherwise in writing. Any Quotation may be withdrawn earlier in writing from Reozone at its absolute discretion.

3.3 Reozone reserves the right to withdraw, change or re-submit a Quotation if supply of the quoted Goods and/or Services does not start within 30days after the date of the Quotation.

3.4 Reozone reserves the right to change the pricing in the Contract for the whole or any part of the Contract if:

(a) supply of the quoted Goods and/or Services does not start within 30 days after the date of the written order acknowledgement;

(b) supply under the Contract is stopped or suspended for more than 30 days; or

(c) supply under the Contract is changed in any way before, during or after commencement of supply, including but not limited to re-design of the project, the start date of supply, the completion date of supply and the agreed rate of supply of the Goods and/or Services; or

(d) supply under the Contract has not been completed within 6 months of the date of the Quotation.

3.5 The price quoted is subject to the Purchaser ordering the whole quantity of the Goods and/or Services described in the Quotation. If the Purchaser orders less than the whole quantity of Goods and/or services specified in the Quotation, then Reozone reserves the right to revise the pricing for such Goods and/or services.

3.6 Unless otherwise agreed in writing, the price charged for the Goods and/or services is the price applying at the date of despatch. Any price indications or price lists are subject to alteration in accordance with these Terms and Conditions.

3.7 All amounts shown in Reozone quotations and invoices may be rounded up or down to the nearest multiple of 10 cents.

 

4. THE CONTRACT

 

4.1 An order or offer to purchase Goods and/or Services can be made by the Purchaser in writing or verbally.

 

4.2 A contract for the supply of goods is made when the purchaser communicates either by writing or conduct to the supplier its acceptance of a written quotation.

 

4.2 An order or offer made either in writing or conduct by a Purchaser does not constitute a binding contract until Reozone has accepted such order or offer in accordance with these Terms and Conditions.

 

4.3 An order or offer made either in writing or conduct by a Purchaser is accepted by Reozone only if Reozone:

 

(a) formally accepts the order by written acknowledgement; or

 

(b) delivers the ordered Goods and/or Works described in the order or offer, whichever occurs first.

 

4.4 Reozone may at any time and at its absolute discretion accept or reject part or all of any order or offer made by the Purchaser.

 

4.5 The Purchaser is not entitled to cancel or change part or all of any order or offer accepted by Reozone, unless Reozone approves in writing.

 

4.6 The Contract, when created, is wholly documented by (in descending order of precedence):

 

(a) any specific terms agreed by the parties in accordance with clause 5;

 

(b) the Quotation (if applicable);

 

(c) these Terms and Conditions;

 

(d) the relevant Working Documents;

 

(e) the applicable Delivery Offer;

 

(f) the credit terms applying to the Purchaser (if applicable).

 

4.7 Previous dealings between Reozone and the Purchaser have no effect on the Contract.

 

4.8 Trade custom/usage is superseded by the Contract and is not applicable in interpretation of the Contract.

 

4.9 The Contract constitutes the entire agreement between Reozone and the Purchaser with respect to the Goods supplied or Services provided under the Contract and all prior negotiations, proposals and correspondence are superseded by that Contract.

 

4.10 Unless agreed otherwise in writing, Reozone may, by written notice, terminate the Contract 6 months after the date of first delivery of the Goods and/or Services.

 

5. ESCALATION AND PRICE VARIATION

 

5.1 In addition to its rights in clause 3 or any rights under the Contract, Reozone may increase or decrease the Contract price of Goods and/or Services during the term of the Contract where it incurs an increase or decrease in its costs (including any transaction or other taxes) of supplying the Goods and/or Services.

 

5.2 No variation of the Contract is effective unless it is agreed to by both parties in writing.

 

6. GUARANTOR

 

6.1 I/We agree to indemnify the company and keep it indemnified from and against all losses,damages,costs,charges and expenses of any kind which the company may incur because of or arising out of the failure by the purchaser to pay any monies which are due and payable to the company or because in or before any liquidation,bankruptcy or insolvency of the purchaser an amount is paid to the company which it is subsequently obliged to pay out on the ground that  payment of the amount to it was preference

 

6.2 I/We declare that in consideration of the company having agreed to or agreeing to sell goods or to extend credit to the purchaser, the purchaser and/or guarantor(s) jointly and severally charge(as beneficial owners) all freehold and leasehold interest in land and in any assets that the purchaser and/or guarantor(s) now or during the course of the agreement acquire. The purchaser and/or guarantor(s) consent to the company lodging a caveat or caveats noting its interest pursuant to such charge

 

6.3 If the purchaser is it liquidation or bankrupt , the guarantor is not entitled to prove in the liquidation or bankruptcy in competition with the company to diminish and dividend or payment which but for the guarantor(s) proof the company would be entitled to receive in the liquidationor bankruptcy or to assert any right of subrogation or indemnity in respect of any monies paid by the guarantor to the company hereunder until the company has actually received 100 per cent in the dollar in respect of all monies due

 

7. WARRANTIES AND LIMITATION OF LIABILITY

 

7.1 To the extent permitted by law, all implied conditions and warranties are excluded. To the extent that any implied conditions and warranties cannot be excluded, the Purchaser’s sole and exclusive remedy for any loss or damage (whether direct, indirect, liquidated, special or consequential and including loss or damage arising as a result of death or personal injury to the Purchaser or any other person) however arising (including by reason of any breach of contract, condition or warranty in the Contract (whether express or implied)) is, where permitted at law, limited to any one of the following, as determined by Reozone:

 

(a) in the case of any Goods supplied by Reozone pursuant to the Contract:

 

(i) the replacement of the relevant Goods or supply of equivalent Goods; or

 

(ii) the repair of the Goods; or

 

(iii) after prior agreement either in writing or verbally between Reozone and the Purchaser, payment of the cost of replacing or repairing or having the Goods replaced or repaired; or

 

(iv) reimbursement of some or all amounts paid by the Purchaser in respect of the Goods.

 

(b) In the case of any Services supplied by Reozone pursuant to the Contract:

 

(i) the provision of the Services again; or

 

(ii) payment of the cost of having the relevant Services provided again; or

 

(iii) reimbursement of some or all amounts paid by the Purchaser in respect of the Services.

 

7.2 Goods which are not manufactured by Reozone are subject solely to the warranties (if any) specified by the manufacturers or the third party suppliers to Reozone, and the Purchaser acknowledges that, to the extent permitted by law, Reozone gives no warranties beyond such manufacturers’ or suppliers’ warranties.

 

7.3 The Purchaser acknowledges that Reozone makes no representations or warranties as to the fitness or suitability for any purpose of any of the Goods or Works described in the Quotation or Contract.

 

7.4 Except as required by law, Reozone is not obliged to accept Goods returned for any reason.

 

7.5 Reozone is not liable for the design, lifting and/or positioning of any pre-fabricated elements at the Purchaser’s site, including but not limited to manually tied and/or welded components.

 

7.6 Subject to clause 7.1 and Part VA of the Trade Practices Act 1974 (Cth), Reozone is not liable to the Purchaser for any loss or damage, whether direct, indirect, liquidated, special or consequential and including loss or damage arising as a result of death or personal injury, however caused (including negligent or reckless conduct or omission) which the Purchaser or any other person may suffer or incur and which may, without limiting the generality of the foregoing, arise directly or indirectly in respect of the Goods and/or Services, any defects in the Goods and/or Services or in respect of any failure or omission by Reozone or any of its officers, agents or employees to comply with the Contract or any obligation imposed by law.

 

8. INVOICING AND PAYMENT

 

8.1 Where the Purchaser has an established and approved commercial credit account with Reozone (within the meaning of the Corporations Act 2001), the Purchaser must comply with the terms and conditions of that commercial credit account. Reozone reserves the right to charge an administration fee as determined from time to time to cover credit card merchant fees and Reozone’s associated overhead charges.

 

8.2 If the Purchaser has a commercial credit account with Reozone then, unless otherwise agreed in writing:

 

(a) Reozone may issue invoices for Goods and Services either:

 

(i) on dispatch/completion of such Goods and/or Services; or

 

(ii) when such Goods and/or Services are delivered; or

 

(iii) when such Goods and/or Services are deemed delivered in accordance with clause 12; and

 

(b) the Purchaser must pay all invoices in full and without set-off by the last business day of the month following the month in which the invoice was issued.

 

8.3 If the Purchaser does not have a commercial credit account with Reozone then the Purchaser must pay Reozone for the Goods and/or Services at the time it places an order for such Goods and/or Services with Reozone.

 

8.4 Reozone reserves the right to charge additional administration fees (such as commercial credit account keeping fees) as determined from time to time.

 

8.5 If Reozone delivers only part of an order, then it may invoice, and the Purchaser must pay for, that part of the Goods and/or Services delivered or completed, unless otherwise agreed in writing between the parties.

 

8.6 The Purchaser is not entitled to, and must not demand or hold, any sum on account of retention for completion of the Contract to be performed by Reozone or against any pending or unsecured claim against Reozone. If the Purchaser withholds any money as retention money, Reozone reserves the right to withhold further supply under the Contract or any other contract between Reozone and the Purchaser.

 

9. DEFAULT AND TERMINATION

 

9.1 If:

 

(a) the Purchaser refuses or fails to pay any amounts when due under the Contract; or

 

(b) the Purchaser defaults in performing any of its obligations under the Contract; or

 

(c) in Reozone’s reasonable opinion, the Purchaser is insolvent or suffering from financial issues including but not limited to, if the Purchaser is an individual, the Purchaser commits an act of bankruptcy, or, if the Purchaser is a company, it becomes an externally-administered body corporate within the meaning of section 9 of the Corporations Act 2001 (Cth) or passes a resolution to wind up; or

 

(d) the Purchaser is in breach of contract, then, in addition to and without prejudice to any other rights it has by law, Reozone:

 

(e) is entitled to treat the whole of the Contract as repudiated;

 

(f) may refuse to supply the Goods or provide the Services to the Purchaser;

 

(g) is entitled to treat any other contract between Reozone and the Purchaser as repudiated; and

 

(h) is entitled to claim return of any Goods in the possession of the Purchaser where title has not passed to the Purchaser.

 

9.2 The Purchaser is not entitled to terminate, suspend or cancel part or all of the Contract for any reason (including for convenience) except if Reozone has failed to remedy its breach of the Contract within a reasonable period after the Purchaser gives it written notice of such breach. If the Purchaser purports to wrongly terminate or rescind part or all of the Contract or refuses to take delivery of any Goods delivered in accordance with the Contract, Reozone may recover from the Purchaser the total amount of the order placed on Reozone, less any amounts already paid by the Purchaser.

 

10. MONEY OWING

 

10.1 A statement in writing as to any amount owing under the Contract by the Purchaser on the date mentioned in such statement is prima facie evidence that such amount is owing.

 

11. TAX

 

11.1 Unless otherwise agreed in writing or required by law, all amounts stated in a Quotation or payable under the Contract are calculated or expressed exclusive of GST. If GST is payable, the amount of GST will be specified separately in the relevant documentation.

 

11.2 If GST is or becomes payable by a supplier in relation to a supply under the Contract, the recipient of that supply must pay to that supplier an amount equal to the GST. An amount payable under this clause 11 must be paid:

 

(a) at the same time as the payment of the amount in respect of that supply is due; and

 

(b) in addition to the amount payable under the Contract.

 

11.3 The Purchaser is not obliged to pay any GST unless a valid tax invoice has been issued.

 

11.4 If the Purchaser fails to pay such GST when due, Reozone may recover it from the Purchaser as a debt under the Contract.

 

11.5 Any party that becomes aware of the occurrence of any adjustment event in connection with the Contract must notify the other party as soon as possible. The parties must then take whatever steps are necessary and make whatever adjustments are required to ensure that any additional GST, or refund of GST, on that supply is paid no later than 20 business days after the parties first become aware of the adjustment event.

 

11.6 For the purposes of this clause 11, terms used in this clause 11 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given to them in that Act.

 

12. DELIVERY

 

12.1 Reozone will deliver the Goods to the Purchaser as follows:

 

(a) Reozone reserves the right to arrange transport by any means in its absolute discretion.

 

(b) delivery will be made within the Sydney metropolitan area during the normal Working hours of 6.30am – 5pm weekdays or as agreed to in writing or verbally by Reozone to a location agreed by both parties.

 

(c) Reozone or its transport contractor will deliver the goods as close (Drop Location) to the requested delivery location as in the opinion of the supplier or its transport contractor, it is safe or prudent to do so delivery occurs and risk in the goods passes to the purchaser when Reozone’s or its transport contractor’s delivery vehicle arrives at the Drop Location;

 

(d) the unloading of goods at the Drop Location is the purchaser’s responsibility at its own cost and risk but the supplier or its transport contractor may, without liability to Reozone, unload the Goods at the Drop Location if the purchaser requests the supplier to do so or is absent from the Drop Location at the time the supplier or its transport contractor wishes to unload and the purchaser releases and forever discharges Reozone and its transport contractor from and against any claim, cause of action or liability arising out of the unloading of Goods at the Drop Location.

 

(e) where the purchaser attends Reozone’s premises to acquire Goods, Reozone may in its discretion:

 

(i) deliver the Goods into or onto the Purchaser’s vehicle in which case risk in the Goods passes to the Purchaser and delivery is effected when the Goods are set down in or on the Purchaser’s vehicle; or

 

(ii) deliver the Goods by setting them down alongside the Purchaser’s vehicle in which case risk in the Goods passes to the Purchaser and delivery is effected when the Goods are set down alongside the Purchaser’s vehicle notwithstanding that the Supplier’s staff may, on request, assist the Purchaser to load the Goods into or onto the Purchaser’s vehicle.

 

12.2 Where Reozone or its transport contractor enters the Purchaser’s premises or the premises of a third party nominated by the Purchaser as a delivery point, the Purchaser;

 

(a) release’s Reozone from any claim the Purchaser may at any time have had against Reozone but for this release in respect of damage occasioned to the Purchaser’s premises or injury to persons arising out of the delivery by Reozone or its transport contractor of Goods to such premises; and

 

(b) indemnifies and holds Reozone harmless from and against any loss, damage or liability suffered or incurred by Reozone in respect of damages occasioned to the third party’s premises or injury to persons arising out of the delivery by Reozone or its transport contractor of Goods to the premises of the third party except for and to the extent that such loss, damage or liability suffered or incurred by Reozone does not arise out of the negligence or carelessness of Reozone or its transport contractor.

 

12.3 A statement on an invoice or delivery docket given to the Purchaser by Reozone as to the quantity, description, date and place of delivery of Goods will, as between Reozone and the Purchaser, be a conclusive statement and will bind the parties for all purposes.

 

12.4 If the Purchaser does not advise Reozone in writing of any fault, damage or defect in Goods or Services or failure of Goods or Services to comply with the terms of a contract made pursuant to these Conditions within 48 hours of delivery:

 

(a) the Purchaser is deemed to have accepted the Goods and Services and is deemed to agree that the Goods or Services are not faulty, damaged or defective and comply with a contract made pursuant to these terms and Conditions; and,

 

(b) the Purchaser releases and discharges Reozone from and against any claims, actions, loss or liability relating to any fault, damage or defect in the Goods or Services or any failure of the Goods or Services to comply with a contract made pursuant to these Conditions.

 

12.5 If the Purchaser advises Reozone in writing of a fault, damage or defect in Goods or Services or a failure of Goods or Services to comply with the terns of a contract made pursuant to these Conditions within 48 hours of delivery then Reozone will, if in its opinion the Purchaser’s advice is reasonable and the Purchaser has not used the Goods, replace or rectify the Goods or Services that appear to be faulty, damaged or defective or not in compliance with the terms of a contract made pursuant to these Conditions and Reozone will have no additional liability to the Purchaser.

 

12.6 Goods are not damaged or defective by reason only of the presence of rust, mill scale or rolling seams except as provided for in AS3600.

 

12.7 Unless otherwise agreed by Reozone and the Purchaser in writing, Reozone will bundle or package Goods the subject of an order in its discretion and the Purchaser releases and forever discharges Reozone from any liability or claim arising out of such bundling or packaging by Reozone.

 

12.8 Reozone will not be liable for any loss incurred as a result of delay or failure to make any supply of Goods or Services to observe any of these Conditions due to an event of force majeure, being any cause or circumstance beyond Reozone’s reasonable control, including but not limited to, any lack of production capacity or raw materials, strikes, lockouts, labour disputes, fires floods, acts of God or public enemy, malicious or accidental damage, delays in transport, breakdowns in machinery or restrictions or prohibitions by any government or any semi-government authorities or embargoes.  During the continuance of an event or force majeure Reozone’s obligations under these Conditions will be suspended.

 

13. RISK

 

13.1 Risk in the Goods passes to the Purchaser on:

 

(a) delivery of the Goods to the Purchaser; or

 

(b) deemed delivery of the Goods to the Purchaser in accordance with clause 12, whichever occurs first.

 

13.2 Reozone will not be responsible for any claim from the Purchaser arising from or in any way relating to the unloading of the Goods.

 

13.3 If Reozone’s officers, agents or employees enter upon any property at the actual or implied request of the Purchaser, Reozone accepts no responsibility for any damage suffered by the Purchaser or the Purchaser’s officers, agents or employees or to the Purchaser’s property as a result of or in connection with Reozone’s officers, agents or employees entering such property.

 

13.4 If a vehicle engaged in the delivery of Goods to the Purchaser’s property is disabled or damaged due to the condition of the Purchaser’s property, the Purchaser is liable for the cost of salvage of or repair to the vehicle. The Purchaser indemnifies Reozone and keeps Reozone indemnified against any loss or damage suffered by Reozone or as a consequence of Reozone becoming liable to any third party directly or indirectly as a result of Reozone’s officers, agents or employees entering any property at the actual or the implied request of the Purchaser or unloading the Goods.

 

14. LEGAL TITLE AND RELATED MATTERS

 

14.1 The legal and equitable title to the Goods will only be transferred from Reozone to the Purchaser when the Purchaser has met and paid all that is owed to Reozone on any account whatsoever.

 

14.2 The Purchaser acknowledges that until the Purchaser has met and paid all that is owed to Reozone on any account whatsoever, the Purchaser holds the Goods as bailee for Reozone and that a fiduciary relationship exists between the Purchaser and Reozone.

 

14.3 Until Reozone receives full payment of all monies due to it from the Purchaser, the Purchaser must keep the Goods separate and in good condition as a fiduciary of Reozone, clearly showing Reozone’s ownership of the Goods, and must keep books recording Reozone’s ownership of the Goods and the Purchaser’s sale or otherwise of them in accordance with clauses 14.5 and 14.6. The Purchaser, if required, must deliver up the Goods to Reozone.

 

14.4 If the Purchaser defaults, in addition to Reozone’s rights under clause 9, Reozone may take possession of the Goods wherever the Goods are located and the Purchaser agrees that representatives of Reozone may enter upon the Purchaser’s premises for that purpose.

 

14.5 Despite clause 14.1 but subject to clause 15, the Purchaser may sell as fiduciary agent for Reozone the Goods to a third party in the normal course of the Purchaser’s business provided that where the Purchaser is paid by that third party, the Purchaser holds the proceeds of sale, to the extent of the amount owing by the Purchaser to Reozone at the time of receipt of such proceeds, on trust for Reozone. The Purchaser must keep those proceeds separate on trust for Reozone and not mix those proceeds with any other monies.

 

14.6 If the Purchaser uses the Goods in some manufacturing or construction process of its own or some third party, then the Purchaser holds such part of the proceeds of such manufacturing or construction process as related to the Goods on trust for Reozone. Such part is deemed to equal in dollar terms the amount owing by the Purchaser to Reozone at the time of the receipt of such proceeds. The Purchaser must keep that part of the

 

proceeds separate on trust for Reozone and not mix those proceeds with any other monies. Notwithstanding the above, the Purchaser is still required to pay Reozone for Goods already delivered and for Goods manufactured or ordered to specification and not yet delivered.

 

15. RESALE

 

15.1 The Purchaser agrees that it will not re-supply the Goods supplied to it by Reozone without Reozone’s prior written consent, which Reozone may withhold at its absolute discretion.

 

16. FORCE MAJEURE

 

16.1 If Reozone is prevented (directly or indirectly) from supplying the Goods or providing the Works or any part thereof by reason of acts of God, strikes, lockouts, trade disputes, fire, floods, breakdowns, delay in the manufacture of the Goods for any reason whatsoever, interruption of transport, government action, non-delivery of raw material or products, refusal or failure of Reozone’s own suppliers to deliver to Reozone any Goods or components of Goods, or any other cause whatsoever outside its control (whether or not of a like nature to those specified above),Reozone is under no liability whatsoever to the Purchaser and is entitled, at its discretion, to give notice to the Purchaser, either to cancel the Contract or to extend the time for its performance.

 

17. SHORTAGES, DEFECTS, FAILURE OF, OR DELAY IN, SUPPLY

 

17.1 The Purchaser hereby agrees to check all Goods received immediately upon unloading at their destination and all Services immediately upon completion. No claim by the Purchaser for shortages or improper or defective or damaged Goods, or defective or improper Works/Services will be recognised by Reozone unless notified to Reozone within forty-eight (48) hours of delivery or performance.

 

17.2 Reozone will endeavour to rectify inaccuracies or short supply within forty-eight (48) hours of notification, but will not be responsible for any loss or damage (including consequential loss) however caused arising out of or resulting from such inaccuracies or short supply.

 

17.3 If, due to any cause whatsoever, Reozone is unable to supply any part of the Contract by the nominated delivery date or at all, it is entitled, at its option:

 

(a) to supply to the Purchaser similar Goods and/or Services which in the opinion of Reozone are an appropriate substitute without prior reference to the Purchaser; or

 

(b) not to supply part or all of the Goods and/or Services; or

 

(c) delay supply of part or all of the Goods and/or Services,

 

18. DISPUTE RESOLUTION

 

18.1 If there is a dispute or disagreement between Reozone and the Purchaser arising in any way from or in relation to the Contract, then Reozone and the Purchaser must use all reasonable endeavours and reasonably appropriate alternative dispute resolution procedures as soon as possible before resorting to litigation.

 

18.2 Nothing in this clause 18 prevents a party seeking urgent interlocutory relief from a court or requires that party to participate in informal resolution processes for longer than 30 days after a dispute has arisen.

 

19. CONFIDENTIALITY

 

19.1 Reozone and the Purchaser agree that a Contract and any other information furnished by one party to the other pursuant to the Contract is and remains confidential between the parties and the parties must not disclose the same, or permit or cause the same to be disclosed, either directly or indirectly, to any third party unless:

 

(a) prior approval in writing has been obtained from the other party;

 

(b) disclosure is required by law or;

 

(c) the information is in the public domain prior to the disclosure by the party.

 

19.2 The expression “any third party” does not include the financial or legal advisers of a party or a related body corporate of a party.

 

20. EXTRAS

 

20.1 Unless noted in the Quotation, the price quoted does not include items such as: tie wire; bar chairs; threading and/or screwing; saw cutting; mechanical splices; welding of any nature; blacksmithing; press work; butt welding; assembly of goods; supply and location of lifting hooks, slings and cradles; supply of bars exceeding lengths of ten metres or exceeding diameter of 36mm; delivery of oversized loads or provision of vehicle escorts; brickwork reinforcing and holding down bolts; galvanizing; on-site scheduling; product containers; steel fixing; on-site accommodation; provision of traffic control; or such other items as specified in the Quotation as being excluded.

 

20.2 Where the Quotation states that prefabricated elements, such as reinforcing elements or cages, manufactured items and steel fixing are included, unless expressly stated otherwise the quoted price does not include the cost of or associated with lifting or lowering to position on site; site scaffolding; supply and welding of lifting points; or site welding.

 

20.3 The Purchaser is responsible for the design and location of any required lifting and/or support items at the Purchaser’s site.

 

21. WORKS

 

21.1 Unless expressly stated in a Quotation, the prices, fees or rates quoted do not include any Services.

 

21.2 Reozone reserves the right to charge for any or all Works.

 

21.3 Where Reozone has agreed to provide Works, the Purchaser must pay Reozone’s fees for such Works, if applicable, when such Works have been performed.

 

21.4 Reozone will use all reasonable endeavours to perform Works in a competent, proper and workmanlike manner and exercising a reasonable standard of skill and diligence, but is not liable for any inaccuracy, error or omission arising from performance of the Works.

 

21.5 Where a Quotation expressly includes steelfixing and/or prefabrication as part of the Works, the Purchaser must give Reozone 14 (fourteen) days notice to arrange such steelfixing and/or prefabrication and meet associated health and safety requirements.

 

22. WORKING DOCUMENTS

 

22.1 Reozone accepts no responsibility for the correctness of Working Documents prepared by the Purchaser or a third party.

 

22.2 Unless otherwise agreed, the Purchaser must deliver all Working Documents without charge to Reozone prior to commencement of the

 

Goods/Services provided.

 

22.3 Where the Purchaser submits electronic copies of Working Documents to Reozone, then Reozone reserves the right to charge for the printing costs associated with those Working Documents.

 

22.4 Should errors occur as a result of Working Documents prepared by the Purchaser or a third party, the Purchaser is liable for the cost of rectification.

 

22.5 All Working Documents will remain in the custody and control of Reozone.

 

22.6 A Quotation does not include any fee for design, detailing, scheduling or re-scheduling of Working Documents to be prepared by Reozone unless stated in the Quotation. The Purchaser must pay Reozone’s fees for such services, if applicable, when such Working Documents are prepared.

 

22.7 Reozone will provide only two copies of material processing supply schedules and associated installation location plans.

 

22.8 Reozone reserves the right to schedule distribution steel as detailed in the Working Documents or as otherwise agreed in writing.

 

22.9 Unless authorised in writing, neither the Purchaser nor any third party is authorised to reproduce, adapt or use in any manner whether part or whole any Working Documents prepared by Reozone. Any unauthorised reproduction, adaptation or use may be, among other things, a breach of copyright and actionable by Reozone.

 

22.10 The Purchaser indemnifies Reozone against all claims and all costs, liabilities and expenses incurred by Reozone as a result of or related to:

 

(a) any inaccuracy, omission or error in the Working Documents prepared by the Purchaser or a third party; or

 

(b) Working Documents, or any other documents provided by the Purchaser to Reozone for the purposes of or in the course of the supply of Goods or performance of Works, breaching a third party’s intellectual property rights. and this clause 22.10 survives termination or expiry of the Contract.

Reozone Information

Reozone are a Steel Reinforcement Supplier specialising in the supply of Reinforced Bar and Mesh to AS standards 4671. We also supply Reinforcing Accessories such as Bar Chairs and Building Products including Bondek, Plastic Membrane and Expansion Joints.

We also supply Concrete and Concrete Additives to projects all over the Sydney Metropolitan Area. Reozone can also provide House Slab Packages including Waffle Pod Systems to the housing industry. Finally Reozone also provides a Free Estimating and Scheduling Service using our experienced Scheduling Team on projects of any size.