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TERMS AND CONDITIONS OF AGREEMENT FOR REGULAR INSPECTION, TESTING AND SERVICING OF FIRE SYSTEMS AS SPECIFIED ABOVE
All routine inspections and testing will be carried out during normal working hours. Should any work be required outside of normal hours an additional charge will apply.
All routine inspections and tests shall be recorded in the appropriate logbooks which are to be retained on site in a location approved by you.
Any defects identified during the routine inspection and testing will be reported directly to you with repairs being carried out on our receipt of your approval to proceed.
Clear access for our technicians to all systems and equipment under this contract must be maintained at all times.
Any routine inspections and testing required at intervals greater than shown above shall be quoted to you on a separate basis prior to their due date.
2. Maximum Repair/Replacement Sum
The Client agrees for the Contractor to complete repairs to the value of Five Hundred Dollars Only ($500.00) + GST (including labour and materials) without prior approval. This allows our technicians to rectify defects at the time of testing, saving return visits and additional expense.
3. Ancillary Costs
Costs incurred by the Contractor to meet specific Client requirements will be charged in addition to the agreed price. This includes (but is not limited to) inductions, police and security clearances, job tracking registers.
Means a notification received by the Contractor to attend and repair the Client’s system, other than for the regular inspection, testing and servicing.
5. Callout Charges and Rates
In the event of a callout, the Client hereby agrees to pay all charges made by the Contractor in attending the callout.
The following standard callout charges and rates will apply:
Normal Hours - 7.30am to 4.00pm week days - $190.00 + GST per callout (includes 1hr labour). Thereafter labour is charged at $95.00 + GST per hour.
After Hours - 4.00pm to 7.30am week days and 24 hours on weekends and Public Holidays - $425.00 + GST per callout (includes the first 3 hours labour). Thereafter labour is charged at $125.00 + GST per hour.
All materials used for repairs or replacement will be charged at cost plus 15% + GST.
Note: All Rates and Materials are subject to annual review and adjustment.
7. Terms of Payment
Thirty days from date of Invoice.
In the event that the Client does not pay the inspection and testing
fee or ad hoc invoices within seven (7) days of the due date, the Contractor may at its option:
(i) Charge interest at the maximum rate approved by the Australian Loan Council for long-term borrowing for new public securities issued by semi-government authorities.
(ii) Suspend the performance of its obligations under this contract for such time as all due payments have been made and thereby releasing itself for all liability for damage or loss of whatsoever nature and wheresoever’s situate or injury or death that may occur arising out of its non-action, provided that the Contractor first notifies in writing the Client and appropriate Fire Brigade Station of the suspension of the Contractor’s obligation as from the date specified therein.
(iii) Cancel the contract effective immediately by notice in writing to the Client.
Should the Contractor discover a fault or defect in the Client’s system during the regular inspection, testing and servicing of the system, the Contractor is authorized to immediately repair the system and charge the Client directly provided that the estimated cost of repair does not exceed the maximum repair sum mentioned in point 2 above. Where the cost of repair exceeds the maximum repair sum, the Contractor is to notify the Client of the fault and provide the Client with a quotation for the cost of repairs. The Client’s written authorisation is then required to commence repairs. The Contractor shall not be liable for any damage or loss of whatsoever situate or injury or death that may occur after the Client has received notification of the fault or defect until the repair or replacement has been effected.
10. Emergency Callout
Upon the Contractor receiving an emergency callout, the Contractor shall immediately notify the Client (or Client’s Agent as specified in the attached schedule) to obtain access to the Client’s system. Access shall be provided by the Client (or Client’s Agent) at any time of day or night as required.
(a) It is the responsibility of the Client to keep the Contractor informed and updated of all contacts responsible for being notified and/or providing access to the Client’s premises in the event of an emergency callout.
(i) In the event that the person nominated by the Client cannot be notified in the
manner provided in the schedule hereto or that person cannot provide access to the Client’s system, the Contractor shall not be held liable for any damage or loss of whatsoever nature and wheresoever situate or personal injury or death arising from the Contractor’s failure to attend to the Client’s system.(ii) The Client shall take out the necessary fire insurance to cover the Client’s premises and its contents.
(b)It is agreed that the Client shall provide at all times unobstructed access to the system for such period of time as the Contractor requires to complete its inspection, testing and servicing or repairs.
(a) The Client’s attention is drawn to Section 63A of the Trade
Practices Act (“the Act”) which has the effect of enabling
suppliers in respect of contracts for the supply of goods or services (not being goods or services of a kind ordinarily acquired for personal domestic and household use and consumption) to limit their liability in certain circumstances for breach of certain of the conditions and warranties implied by the Act.
(b) Subject to the qualifications contained in Section 63A of the Act should the Contractor be liable for breach of a condition or warranty implied by Division 2 of Part V of the Act (not being a condition or warranty implied by Section 69 of the Act), the Contractor’s liability for such breach shall be limited to:
In the case of goods (any one of the following as determined by the Contractor – (aa) The replacement of the goods or the supply of equivalent goods; or
(bb) The repair of the goods; or
(cc) The payment of the cost of replacing the goods or of acquiring equivalent
(dd) The payment of the cost of having the goods repaired.
In the case of service, any one of the following as determined by the Contractor – (aa) The supply of the services again; or
(bb) The payment of the cost of having the services supplied again.
(c) Some provisions in certain legislation's have the effect of giving the Client certain rights against the Contractor, which cannot be excluded, restricted or modified by agreement between the Client and the Contractor. The provisions of this agreement must therefore be read having regard to such legislation to the extent that it may be applicable and nothing in
this agreement shall have the effect of excluding, restricting or modifying such rights.
12. Force Majeure
The Contractor shall not be responsible for non-performance or delays in performance occasioned by any causes beyond the Contractor’s reasonable control, including but not limited to acts of God, war, fire, machinery breakdown, inclement weather, strikes, lock out, Government actions, Telstra line faults and any other unexpected or exceptional cause which is beyond the Contractor’s control. Any delays so occasioned shall cause automatic suspension of the Contractor’s obligations under the contract until the delay is rectified. In no event shall the Client be entitled to damages of any kind (whether general, special or otherwise) for late performance or failure to perform.
The Contractor accepts no responsibility or liability for the Fire Station equipment or Telecom equipment used to transmit a signal to the Fire Station. The Client hereby indemnifies the Contractor against any claims whatsoever, by any third party against the Contractor arising out of the failure of such equipment to adequately perform its function at all times.
The Contractor reserves the right to sub-contract any part or all of the work covered by this agreement.
15. Radioactive Substances
The Client’s attention is drawn to the Radioactive Substances Act
1957 and that this may require the Client to hold a license under this Act when combustion smoke detectors (ionisation type) are part of the system. The Client hereby agrees not to interfere with or dispose of such detectors without first consulting the Contractor.
16. Testing Standards
In the event that the standards of testing as specified herein are amended during the contract period of this agreement, the Contractor shall notify the Client of the amendments to the standards and of any increase or decrease to the amount of inspection and testing fee payable to the Contractor or due to the Client.
17. Log Book / Site attendance record
The inspection and testing procedures performed by the Contractor under the terms of this agreement shall be recorded by the Contractor in an approved log book provided by the Contractor which will be kept at a designated location at the Client’s premises at all times and shall not be removed by the Client. The cost of log books is chargable to the Client.
The Client hereby agrees to provide the Contractor with free access at all times to the Client’s premises and fire systems. Additional charges may be rendered to the Client if free access is not provided.
19. Applicable law
This contract shall be construed and take effect in all respects in accordance with the laws of the time being in force in the state or territory where this contract is executed. Parties hereto shall submit to the jurisdictions of the courts of that state or territory in respect of any matter or thing arising out of this Contractor pursuant thereto.
Any notices to be given to either party under the terms of this agreement shall be deemed to be properly given if left at or dispatched by pre-paid post to the address of the party last known to the party giving the notice and if so posted shall be deemed to be given on the day following posting.
This agreement is conditional upon receipt of the Client’s completed original at the Head Office, within 30 days. If received after the stated period, is then subject to revision of specified rates.