Terms of service.
Main Street Civil Pty Ltd (ABN 80 667 447 949)
Contact: info@mainstreetcivil.com.au | 0422 700 007
1. Offer & Acceptance
a) Quotes are valid for 30 days unless stated otherwise.
b) Acceptance occurs when you sign, issue a purchase order, pay a deposit, or instruct Main Street Civil to proceed.
c) Precedence: (1) any special conditions in our quote / purchase order; (2) these terms and conditions. Your standard terms do not apply unless we agree in writing.
2. Price, Taxes & Variations
a) Prices exclude GST unless stated. GST is payable on tax invoices.
b) Prices assume normal access and one mobilisation. Abnormal conditions / out‑of‑hours / third‑party delays may be charged as Variations at Main Street Civil rates.
c) Provisional quantities are adjusted to actual measured quantities.
3. Invoicing & Payment
a) Unless stated otherwise: payment due 14 days from invoice date.
b) Main Steet Civil may issue progress claims monthly or at milestones.
c) Overdue amounts accrue interest at 5% per month and you must pay reasonable recovery costs.
d) For construction services, Main Street Civil may use Security of Payment processes where applicable (including suspension for non‑payment).
4. Delivery, Risk & Title (Romalpa)
a) Delivery dates are estimates; Main Street Civil is not liable for delays beyond its control.
b) Risk passes on delivery/collection. Title passes only when Main Street Civil receives full, cleared payment.
c) Until paid, you hold Goods as bailee, keep them identifiable / in good condition, and permit Main Street Civil to recover unpaid Goods subject to law.
d) PPSA: You grant Main Street Civil a security interest in Goods and proceeds; Main Street Civil may register on the PPSR. You must not create interests that rank ahead of Main Street Civil.
5. Customer Responsibilities
Provide accurate information, necessary permits and consents, safe access to site, utilities, laydown areas, and disclose known services, hazards and contamination.
6. Health, Safety & Environment
Main Street Civil and the Customer will comply with applicable OHS/WHS and environmental laws. Main Street Civil may stop work where conditions are unsafe and is entitled to time and/or cost adjustments.
7. Hire of Plant (if applicable)
Hire charges accrue from arrival until off‑hire and return. You are responsible for safekeeping, competent use, and damage or loss while in your custody.
8. Warranties & Defects
a) Goods: Main Street Civil passes through manufacturer warranties; Goods will be of acceptable quality and match description.
b) Services: Performed with due care and skill by competent personnel.
c) Defects: Notify Main Street Civil within 10 business days of delivery/completion. Main Street Civil will repair/replace/re‑perform at its option.
d) Non‑excludable consumer guarantees under the Australian Consumer Law are preserved; Main Street Civils' liability is limited to re‑supply or cost of re‑supply to the extent permitted.
9. Returns (Non‑Defective Goods)
Returns are at Main Street Civils' discretion, must be unused in original packaging, and may incur restocking plus freight.
10. Intellectual Property & Confidentiality
Main Street Civil retains intellectual property in designs, methods and documents; you receive a non‑exclusive licence to use deliverables for their intended purpose. Each party must keep confidential non‑public information.
11. Insurance
Main Street Civil maintains customary insurance for its operations. Where you control site risks or custody of Goods or hire items, you must maintain appropriate insurance.
12. Indemnity & Liability
a) Your indemnity: Loss arising from your breach, misuse of Goods/hire, or unsafe site conditions under your control.
b) Limitation: Main Street Civil is not liable for indirect/consequential loss (including lost profit/opportunity). Aggregate liability is capped at the price paid/payable for the relevant supply, except for personal injury, death, third‑party property damage caused by Main Street Civils’ negligence, or non‑excludable statutory liabilities.
c) No reliance: You are responsible for suitability unless Main Street Civil expressly warrants fitness in writing.
13. Force Majeure
No liability for delay/failure due to events beyond reasonable control (e.g., extreme weather, industrial action not caused by the party, epidemics, supply/utility failures, authority directions). Time is extended and reasonable extra costs may apply.
14. Suspension & Termination
a) Main Street Civil may suspend for non‑payment, unsafe conditions, or force majeure (charges/time adjustments apply).
b) Either party may terminate for material breach not remedied within 10 business days. Main Street Civil may terminate immediately if you become insolvent.
c) On termination, pay for Goods/Services supplied, committed costs, demobilisation, and reasonable margin.
15. Disputes
Project reps confer in good faith. If unresolved within 10 business days, escalate to senior management and/or commence formal processes. Payment disputes for construction services may proceed under Security of Payment without prejudice.
16. General
Governing law: Victoria, Australia (courts of Victoria).
Assignment: Your assignment / novations require Main Street Civil consent (not unreasonably withheld). Main Street Civil may subcontract while remaining responsible.
Notices: Written, to contacts in the quote/purchase order.
Severability: Invalid terms are read down or severed; the remainder continues.
Entire Agreement: These terms and conditions, the quote or purchase order form the entire agreement for the transaction.