Terms & Conditions

Definition

These terms & conditions are the rules and contract between GS Control Pvt. Ltd. and the customer. We aggressively respect our customers and believe that these rules should be read by the customer before placing the order.

The Contract

Once the quotation is accepted, the contract will be created according to the terms discussed with the client. The contract will be provided to the client along with the “proforma invoice”. After that, the client will share the purchase order and payment.

The client has represented their ability and capacity to pay for the order to be completed and must provide a suitable guarantee for payment to GS Control Pvt. Ltd.

No change in the terms of the contract shall be effective.

Terms of Payment

The payment terms will depend upon the goods.

The full advanced payment will proceed with the Purchase Order for Finished Goods and products.

The 50% advance with the Purchase Order and the remaining payment will be before Delivery against PI.

We also accept the latter of credit for the payment on manufacturing goods only.

Work Schedule

At the time of acceptance of this quotation, the client shall submit to us the proposed work schedule for the execution of the works. If we agree to the work schedule, it shall form part of the contract and shall not be varied except in accordance with these terms. If a work schedule is not submitted or agreed upon, GS Control Pvt. Ltd. shall complete the works within a time which is reasonable in all circumstances.

If execution of the works by us is delayed or interrupted because the client fails to adhere to the agreed work schedule:

• The client shall not be entitled to defer payment of progress claims for goods manufactured or procured, or work done, by us in conformity with the agreed work schedule.
• GS Control Pvt. Ltd. shall be entitled to add to the contract sum a storage charge equivalent to 3.5% per month of the value of goods or manufactured in conformity with the agreed work schedule.
• GS Control Pvt. Ltd. shall be entitled to add to the contract sum the amount of any additional costs in materials, labor, and overheads incurred by reason of such delay or interruption, and a reasonable allowance for profit margins.
• GS Control Pvt. Ltd. shall be entitled to a reasonable extension of time to complete the works.

Cost Adjustment

If the works are completed within 6 months after acceptance of this quotation, no cost adjustment shall apply. However, if the works are not completed within that period, then each claim for payment submitted thereafter shall be subject to adjustment for rise and fall in the costs of labor and materials, calculated on the proven costs of labor and material increases or decreases.

Extension of Time

If we are delayed in the execution of the works due to any cause beyond our control (including, but not limited to, acts of God, strikes, lockouts or other industrial disturbances, fire, flood, explosion, laws, rules, regulations or orders of any Government authority, or delays caused by any other person, company, or authority), we shall be entitled to a reasonable extension of time to complete the works while such cause exists, and the provisions of Clause 5 shall apply.

If any such cause continues for six months or more, either party may, by notice in writing to the other, terminate the contract. The termination of the contract shall not affect the rights and obligations of either party which accrued prior to such termination.

Materials, Details and Dimensions

The client before accepting this quotation acknowledges that adequate care has been taken to ensure that the materials and articles specified are of the correct rating, standard, quality, finish, and conform to the specification and drawings against which the quotation was submitted.

The client warrants, in respect of plant equipment and fittings supplied and to which we are required to connect its works, that they will conform with relevant Standards and local statutory requirements.

The client shall provide us with all necessary dimensions and locations in adequate time to enable us to carry out and complete the works in accordance with the contract.

When reasonably requested to do so, we will provide workshop drawings showing designs and details proposed for the works, and the client shall accept in writing such designs and details, suitably amended if needed, before we commence the works. Such acceptance shall form part of the contract.

Safety

The client shall ensure that whilst GS Control Pvt. Ltd. is required to work on the site of the works, such site is maintained as a place of work which complies with the QLD Work Health and Safety Act. Should the client fail to ensure this and cause GS Control Pvt. Ltd. to incur costs, such costs shall be added to the contract sum.

Variations

If the client requests any variation in the works during the contract, including but not limited to any variation in materials or dimensions, or variations arising from inaccuracies in Bills of Quantities or other documents supplied to us for quotation purposes, GS Control Pvt. Ltd. shall, in accepting the variation, be entitled to increase or decrease the contract sum to take account of the costs of such variation, as the case requires (including an allowance for materials already manufactured or procured, or work already done, but not required), and shall be entitled to a reasonable extension of time to complete the works, as varied.

If the cost to the contractor of carrying out, or having carried out, the works increases or decreases because of changes in statutory, government or semi-government charges, taxes, rates, levies or imposts with respect to GS Control Pvt. Ltd. or the works, or changes in currency exchange rates, the contract sum shall be increased or decreased to the extent of such changed costs.

Handover

GS Control Pvt. Ltd. shall hand over sections of the works as and when installed to the client’s representative on-site. The client shall accept such sections, and they shall thereafter be at the client’s risk and be deemed to be practically complete.

If the client requests that the contractor cease or defer work on a section of the works prior to its installation, the contractor shall hand over that section of the works to the client’s representative on-site. The client shall accept that section as if installed and that section shall thereafter be at the client’s risk and be deemed to be practically complete.

On-Site Service

Those on-site services listed in the attached schedule, which are reasonably required by GS Control Pvt. Ltd. for execution of the works and annotated accordingly, shall be provided by the client. On-site services provided by the client shall comply with all statutes, regulations, and by-laws.

Warranties

GS Control Pvt. Ltd. warrants that all materials and workmanship comprising the works shall conform with the current edition of the AS/NZS 3000 Wiring Rules and the requirements of any authority regulating the supply and use of electricity or electrical installations in force on the date of the performance of the works.

Clients will rectify any defects in materials or workmanship of GS Control Pvt. Ltd. appearing in any section of the works within 12 months of the date of handover of that section.

Where any warranty has been given by a third party in respect of materials and workmanship supplied by that third party to GS Control Pvt. Ltd. and incorporated in the works, and such warranty imposes fewer obligations on the third party than those imposed on GS Control Pvt. Ltd.

Any defects appearing in the works, caused by the use by the client or any third party of faulty materials or workmanship, or attributable to the activities of other trades, structural loads, vandalism, or maltreatment, are excluded. Such warranties are conditional on regular maintenance being carried out in accordance with the manufacturers’ specifications.

Cancellation

If the client requests cancellation of the contract, they shall pay for work done pursuant to the contract up to the date of such request and shall pay us compensation for all losses (including consequential losses, lost profits, and the loss of prospective profits) suffered by us as a result of such cancellation.