FISHERS TIMBER PRESERVATION PTY LTD (ABN 62 085 235 598) (“Fishers”)
TERMS AND CONDITIONS OF TREATMENT PROCESS
In these Terms and Conditions:
“Acceptable Moisture Content” means 20% being the maximum level of moisture in the timber that it can be Processed;
“Hazard Level” means the Hazard Level defined under AS1604 to be used in the Process described below;
“Price” means the price for Processing the timber, excluding freight and/or delivery or any hiring charges appearing on any Purchase Order, invoice or statement of account. Wrapping of the timber is included in the Price.
“Permeable” means the level of uptake and distribution of a liquid preservative in timber to the required level;
“Penetrate” means the depth to which the preservative has entered the Processed timber;
“Process” means the wood treatment process used by Fishers whereby chemicals Penetrate the timber to the required depth and the Retention is of the required amount and consistency as specified in AS1604;
“Retention” means the amount of the preservative that is retained within a specific area of the treated timber, after the completion of the Process;
“the Standard” refers to the Australian Standard AS1604;
In these Terms and Conditions, the singular number includes the plural and vice-versa; the masculine gender includes the other genders and words denoting persons includecorporations, unless the context otherwise requires.
2. Representations of the Purchaser
The Purchaser represents and warrants to Fishers that:
(a) the timber is Permeable and can be Processed;
(b) the timber can be treated to achieve compliance with the relevant standards or
(c) the timber to be Processed has Acceptable Moisture Content;
(d) the timber is clean without stains or marks;
(e) the timber is dried to the Acceptable Moisture Content;
(f) there is no blue stain or sap stain present in any of the timber;
(g) the timber is not damaged;
(h) the timber product must not have any impermeable face surface coatings (other than end seals per section 9.1, but subject to all other criterion of this statement of terms); and
(i) the timber must not be treated with any other timber preservative system or other chemicals including those used for wood modification without written disclosure and acceptance by Fishers. Glue line treatments for termite resistance meeting the AS1604 H2S Standard are accepted, (but subject to all other criterion of this statement of terms).
3. Acknowledgement of Purchaser
The Purchaser acknowledges that:
(a) it is the responsibility of the Purchaser to provide Permeable timber with an
Acceptable Moisture Content;
(b) if Penetration of dried timber is not uniform there may be large variations of the
degree of Penetration in any batch of timber;
(c) Fishers cannot determine the Permeability of timber before commencing the Process, unless each piece of timber in a batch is individually tested before the Process;
(d) testing a sample of the timber will not determine if all timber in the batch can be
(e) unless the timber is uniformly dried to the Acceptable Moisture Content the Process will not achieve the required levels of Penetration and Retention;
(f) the Purchaser selected the Hazard Level without the assistance or guidance of Fishers;
(g) Fishers is not responsible for any failure of the Process unless each piece of timber has been tested as to its suitability prior to the Process and the Purchaser cannot use or sell the timber or suffers any loss of any kind of whatsoever nature including profits and transportation; and
(h) Fishers can, and will, rely on the representations made by the Purchaser in clause 2 and Fishers is not under any obligation to enquire into the representations.
4.1. Fishers will treat the timber by the Process following the Standards using the nominated preservative and if all the representations and warranties of the Purchaser in clause 2 are true then the Process can achieve the specified levels of Penetration and Retention.
4.2. If Fishers becomes aware that the timber did not comply with the Purchaser warranties and representations in clause 2 before the commencement of the Process, Fishers may at its discretion:
(a) elect not to proceed with Processing the timber; or
(b) elect to proceed with the Processing of the timber subject to the Purchaser signing a Consent to proceed before the Process is commenced.
4.3. If Fishers did not become aware that the timber did not comply with the Purchaser warranties and representations in clause 2 until after commencement of the Process, Fishers may at its discretion:
(a) cancel the Process and the Purchaser shall be responsible for the payment in full of the Price; or
(b) continue with the Process subject to the Purchaser signing a Consent to Proceed Authority before the Process is continued.
4.4. The Purchaser requests and authorises Fishers to treat the timber by the Process with the preservative to the Hazard Level and in accordance with these Terms and Conditions.
4.5. These Terms and Conditions of treatment shall form part of every Purchase Order for the treatment of timber by Fishers.
Upon completion of the Process, Fishers will brand the timber in accordance with the Standards.
6.1. Until the Purchaser has paid the Price, the Purchaser pledges the ownership of the treated timber to secure the Price.
6.2. If the Purchaser defaults in paying the Price the Purchaser authorises Fishers and its servants and agents to enter any premises occupied by the Purchaser (acting reasonably) to take possession of timber treated by Fishers.
6.3. Fishers is authorised by the Purchaser (at its absolute discretion) to sell by private sale or public auction all treated timber in its custody, control and possession on the open market by private sale or public auction to recover all or part of the unpaid Price.
7. Exclusion of Warranties
7.1. To the maximum extent permitted by law:
(a) all conditions and warranties on the part of Fishers implied by law in relation to any timber to be Processed by it are excluded; and
(b) the provisions contained in these Terms and Conditions shall constitute the whole of the rights and obligations of the Parties.
7.2. Subject to the liability of Fishers for a breach of conditions or warranty under Division 2 of Part V of the Trade Practices Act 1974 (other than a condition or warranty implied by section 69 of the Act) Fishers’ liability shall be at the absolute discretion of Fishers to either:
(a) repeating the Process; or
(b) Processing timber of the same amount and size; or
(c) the repair of the Processed timber,
and all liability of Fishers for damages consequential or otherwise is excluded to the extent permitted by law.
8. Exclusion of Liability
8.1. The Purchaser hereby:
(a) releases Fishers from any liability or claim of any kind incurred or arising from the Process; and
(b) indemnifies Fishers against any loss or damage suffered by the Purchaser; and
(c) waives any rights it may have against Fishers.
8.2. Fishers shall not be liable whatsoever for any loss including, but not limited to, loss of profits and consequential loss or damage to persons or property or death or injury caused by any act or omission whether negligent or not of Fishers, its servants, or agent, or any other person in any way related to or arising out of any service or supply of treated timber.
Unless otherwise agreed to by the parties, payment shall be made on delivery of the
treated timber to the Purchaser.
9.1. End Seal
(a) Beams cannot be Processed unless Glu-lam & LVL’s End Seal has been applied;
(b) The beams must be delivered to Fishers with Glu-lam & LVL’s End Seal applied to beams prior to treatment to ensure even distribution of preservative chemicals; or
(c) Fishers can, if requested, apply end-seal to beams at the cost of the Purchaser.
(a) Product is dispatched from Fishers wrapped; or
(b) Customers can supply product pre-wrapped and Fishers will endeavour to re-use the wrapping.
10. Interest on Overdue Money
10.1. The Purchaser shall pay interest at the rate of 2% above the Commonwealth bank’s current indicator rate on all monies not paid by the due date for payment.
10.2. Interest shall be calculated and adjusted on a daily basis.