Overview
These are the Contractor (“we”, “our”, “us”) standard Terms and Conditions which apply to every contract when the Customer (“you”) engages the Contractor to perform services. When providing services, we may also need to supply products or engage specialist contractors to complete the service, installation or supply of goods.
The Contractor reserves the right to amend these Terms and Conditions from time to time at its discretion. Any changes made in such revision take immediate effect once the Customer is notified.
Engagement
The Contractor represents and warrants that it has the necessary skills, knowledge, experience and expertise to perform the services in a proper and competent manner.
The Contractor holds necessary licences, insurances and permits required to perform the services. Applicable industry standards and codes will be complied with. The Customer is responsible for acquiring necessary consents from Government, other authorities or internal customer authorities where required.
Where manuals or drawings are required for the Customer to use the services or to satisfy a legal requirement, the Contractor will provide these in hard copy or electronic form as reasonably required. Additional or replacement copies may incur additional fees.
If an event beyond the Contractor’s reasonable control prevents performance by the agreed date, the Contractor will notify the Customer and provide an estimated completion timeframe.
Variations and subcontractors
If the Customer requires a variation, the Contractor will provide a quotation for the varied service. The Contractor will not undertake a requested variation until written acceptance is provided.
The Contractor may use subcontractors. Subcontractors must be suitably qualified, hold necessary licences, be properly insured and perform work in a proper and workman-like manner. The Contractor remains responsible for fees payable to subcontractors.
Acceptance of terms
Any act by the Customer or those legally acting on behalf of the Customer which requests the Contractor to begin performing services or providing materials will be deemed acceptance of these Terms and Conditions.
Once accepted, these Terms and Conditions are irrevocable and cannot be amended without written consent of the Contractor. Where there is more than one Customer, all Customers are jointly liable.
Quotes, invoices and payment
All invoices are issued under the Security of Payments Act 1999. Strictly nil retention.
A quote remains valid for thirty days unless otherwise expressly stated. The Customer will pay in accordance with the quotation, Customer Trade Account or other stated terms. Prices exclude GST unless otherwise expressly stated.
Payment may be made by credit card, electronic transfer or cheque where accepted. Late invoices may attract interest and recovery costs. The Contractor retains title to supplied equipment, materials and services until full payment is received.
The preferred payment method is EFT. Direct debit and credit/debit card payment methods may also be available. Payment processing fees may apply. Stripe is used as payment gateway. Payment processing fee information is reviewed annually.
Occupational health and safety / workplace health and safety
The Customer must ensure that, where services are performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service. The property and facilities supplied by the Customer must be safe.
The Customer must ensure the Contractor has free and unimpeded access to the place where services are to be performed and must not delay the Contractor by matters within the Customer’s control.
The Contractor will use safe and proper procedures and ensure employees are properly trained, supervised and equipped where protective equipment, materials or clothing are required.
Limitation on warranty
The Contractor warrants that services performed and products supplied as part of those services will be fit for intended purpose and perform in accordance with applicable specifications, if any.
All statutory warranties that can be lawfully excluded are expressly excluded. To the extent permitted by law, the Contractor is not liable for negligence or otherwise for loss or damage including consequential loss suffered in relation to services or supplied products.
Jurisdiction and force majeure
These Terms and Conditions are construed in accordance with the law of New South Wales and the parties submit to the jurisdiction of the Courts of New South Wales.
Neither party shall be liable for breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.
PatronScan services
For PatronScan services and equipment supplied, please refer to the PatronScan Terms and Conditions.