TERMS & CONDITIONS

Definition

  • Seller refers to the party to whom the order for purchase has been given.

  • Client refers to the person or organization placing the order.

  • Goods or services refers to the product for which the seller has placed an order with the client.

 

Application

The terms and conditions are valid for any goods or services provided by the Seller to the Client.

 

Pricing

The pricing, quantity of goods, and time of delivery mentioned in the articles are not binding on the Seller, but the Seller will make all efforts to fulfil the stated estimates.

 

Payment

  • All invoices of the Seller shall be paid by the Client within seven (7) days of the date of invoice unless otherwise agreed in writing by the Seller.

  • If payments are not made within the agreed time frame an Administration Fee of $33.00 including GST will apply for overdue account. A fee of 17.5% per annum interest calculated on the balance due at end of the month will also apply for accounts which become overdue more than sixty (60) days.

  • If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.

  • Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.

  • All fees are exclusive of value added taxes which will be added to invoices where appropriate.

  • The Seller reserves the right to increase a quoted fee if the client requests a variation to the work agreed.

Delivery

  • Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any expenses of delivery other than normal postage charges.

  • If an order is, at the Client's request, sent electronically, the time recorded on the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (n.b. - electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)

 

Cancellation

In view of the nature of the service, any order - once confirmed by the Company - is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.

Notice

All written notices to be served on or given to the client shall be sent or delivered to the client's principle place of business and shall be treated as having been given upon receipt.

 

Loss or Damage to Goods

The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services or materials it supplies to the Client (or which may be received from the Client).

 

Usage of Goods or Services

  • Unless agreed and indicated in writing by the Company, the Client (and their clients) shall be entitled to use the services and materials provided (i.e. the samples) only for the purpose of conducting market research to be carried out in conformity with the recognized ESOMAR/MRS Code of Conduct of the market research industry. The Client shall not otherwise be entitled to store, pass on (whether to his/her client or other person) or use these services and materials.

  • The Client shall bear responsibility for ensuring that all usage of information contained within any samples is in accordance with and does not contravene any Data Protection or other laws, regulations or other trade customs and practices. The Company bears no liability for any omissions or faults in these respects.

 

Confidentiality

Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business which comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.

 

Employment of Personnel

Subject to the prior written consent of the Company the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of the Company directly associated with delivery of the Goods.

 

Warranty

  • The Company warrants that it has the right to provide the Goods but otherwise the Goods are provided on an "as-is" basis without warranty of any kind, express or implied, oral or written including, without limitation, the implied conditions of merchantable quality, fitness for purpose and description, all of which are specifically and unreservedly excluded. In particular, but without limitation, no warranty is given that the Goods are suitable for the purposes intended by the Client.

  • The Company warrants that the Goods will be supplied using reasonable care and skill. The Company does not warrant that the Goods supplied are error-free, accurate or complete.

  • Both parties warrant that they are registered under the Data Protection Act in respect of the collection, processing and use of the Goods. Each party will comply with the Act including but not limited to its obligations in respect of any personal data which it may supply to or receive from the other party.

 

Limitation of Liability

  • The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.

  • Nothing herein shall limit either party's liability for death or personal injury arising from the proven negligence by itself or its employees or agents.

  • The Client shall fully indemnify the Company against any liability to third parties arising out of the Client's use of the Goods.

 

(Updated MAY2019)

Terms & Conditions of  Fire Protection Sales & Services

 

1. Validity

Prices quoted are valid and fixed for thirty (30) days only. Rise and fall is applicable after the expiration of thirty days from the date of the quotation, unless otherwise stated in our offer. The order is cancellable in the event of causes beyond the control of Fire System Services.

 

2. Prices

a) Prices quoted and included on Service Agreement are for initial site visit only and may be subject to review on subsequent inspections.

b) Unit rates are based on the quantities installed at time of site survey. Any change in numbers will cause alterations to rates.

c) Unless specifically agreed to the contrary, the rates quoted are for one visit to site at six monthly intervals only.

 

3. Terms of Payment

a) Payment for goods or services provided shall be nett cash. Terms of accounts are payable within seven (7) days from the date of the invoice or as otherwise agreed in writing with Djarraba Fire & Emergency Management.

b) If payments are not made within the agreed time frame an Administration Fee of $33.00 including GST will apply for overdue account. A fee of 17.5% per annum interest calculated on the balance due at end of the month will also apply for accounts which become overdue more than sixty (60) days.

c) Any expenses, costs or disbursements incurred by Djarraba Fire & Emergency Management in recovering any outstanding monies including debt collection agency fees and solicitor costs shall be paid by the Customer providing that those fees do not exceed the scale charges as charged by that debt collection agency/solicitor.

d) The Customer shall be liable for any costs for loss/damage or labour required for the removal of materials from site due to repossession of materials or equipment.

 

4. Provision of Services for Fixing (as applicable)

a) The Customer shall make available at no cost to Djarraba Fire & Emergency Management employees, amenities which comply with statutory authorities, 240V AC 15amp electric power and adequate lighting adjacent to each work area sufficient to complete the works and arrange clear access to each work area such that the technician(s) can maintain continuity of work including the supply of all unloading, hoisting and lifting facilities, labour, site cleaning and employee amenities which comply with relevant statutory authorities.

b) On delivery of materials to site, the Customer shall ensure that at no cost to Djarraba Fire & Emergency Management adequate safe storage facilities are provided for protection against theft or damage.

c) Where Djarraba Fire & Emergency Management is required to install goods the Customer warrants that the structure of the premises or equipment in or upon which these goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and Djarraba Fire & Emergency Management shall not be liable for any claims, demands, losses, damages, costs and expenses, howsoever caused or arising in connection with the installation and work incidental thereto.

d) The Customer shall provide Djarraba Fire & Emergency Management with a schedule of all deliveries and installations detailing all relevant information with sufficient time allowed to meet delivery and installation dates.

e) Djarraba Fire & Emergency Management reserves the right to sub contract with any other person for the performance of any part of this contract.

 

5. Cancellation

The Customer shall notify Djarraba Fire & Emergency Management in writing of any cancellation of service, testing or maintenance required for:

a) all fire extinguishers, fire blankets other fire protection equipment (not listed below) or exit emergency lighting - not less than thirty (30) days notice.

b) fire alarm, smoke detection, hydrant booster or sprinkler systems - not less than sixty (60) days notice;

c) failure to do so will incur fees due to administration costs and income lost.  

 

Cancellation of orders for the supply of goods, repair or installation of equipment will incur a fee equal to 50% including GST, plus the cost of any freight or delivery costs incurred will apply.

 

6. Inspection

a) The Customer shall be required to inspect equipment at time of service on site and shall notify Djarraba Fire & Emergency Management in writing, of damage or shortfall in service within two (2) business days of inspection being completed and the Certificate of Inspection being signed by the representative.

b) Inspections are carried out in accordance with the applicable Australian Standards. Any special service or equipment requested by the Customer will be subject to review and additional costs may apply.

c) Recommendations are as of the time Djarraba Fire & Emergency Management has assessed the premises at the time of the inspection. If at any time the building receives changes to egress or change in works carried within, additional fire safety equipment may be required.

 

7. Delivery

If the Customer is not able to take delivery of the goods as scheduled, the Customer shall arrange adequate safe storage or, alternatively, incur the cost of additional delivery and storage costs applicable.

 

8. Co-Ordination

a) When fixing is applicable and is required to be co-ordinated with other trades, the Customer shall provide Djarraba Fire & Emergency Management with a schedule detailing all relevant information with enough time to meet delivery dates.

b) The delivery period shall be extended to cover delays caused by strikes, lockouts, prohibitions, non-availability of materials or any circumstances beyond Fire System Services control.

© 2018-2019 Djarraba Fire & Emergency Management, Camden South NSW, Australia.

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