Terms and Conditions of Trading
Enviro Building Services Pty Ltd
ABN 11 130 324 748
(The Contractor)
STANDARD TERMS AND CONDITIONS
These are the Contractor (“we” “our” “us”) standard Terms and Conditions which will apply
to every contract when the Customer (“you”) engage us (the Contractor) to perform
services. When providing our services, we may also need to supply product/s.
The Contractor reserves the right to amend these Terms and Conditions from time to time at
their discretion. Any changes made in such revision take immediate effect once the
Customer is notified of such a change.
ENGAGEMENT
- The Contractor represents and warrants that the Contractor has all the necessary skills,
knowledge, experience and expertise to perform the services and will perform the service
in a proper and competent manner.
- The Contractor holds all necessary licences, insurances and permits required in order to
allow the Contractor to perform the services. Where there is any applicable industry
standards and codes, they will at all times be complied with by the Contractor. The
Contractor will be responsible for the obtaining of necessary Electrical Work approval
permits from requisite Government authorities. The Contractor and all the Contractor’s
employees and permitted sub-contractors are properly qualified, experienced, licensed
(where applicable) and competent to properly perform and will perform the service to
the required standards and codes.
- The Customer is responsible for acquiring necessary consents from Government and / or
other authority – including any customer internal authority, with regard but not limited to
matters such as environmental approvals, land use, rights of way etc.
- Where any manuals or drawings are required in order for the Customer to enjoy or use
the services or as a legal requirement, the Contractor will provide these to the Customer
as hard copy and or electronic form as the Customer may reasonably require and for no
additional fee. Where the Customer requires additional copies or replacement copies
the Contractor may charge additional fees for the provision of such additional or
replacement manuals or drawings.
- If an event occurs that is beyond the reasonable control of the Contractor which
prevents the Contractor from performing the service on or by the date agreed, the
Contractor will immediately notify the Customer and give an estimate of the time for
completion of the service. The Contractor will make all reasonable efforts to minimise
any inconvenience to the Customer.
- The Contractor will provide all equipment and all materials as may be necessary to
properly and efficiently perform the service. Unless otherwise agreed in writing all
materials including products supplied will be new and of high quality fit for their purpose.
All Contractor equipment will be safe for use, be properly maintained and capable of
being used to carry out the service.
- If the Customer requires a variation to the service, the Contractor will provide a quotation
for performing the service as varied for which an additional sum will be added to the
price if accepted by the Customer. If the Customer does not accept the quotation, the
Contractor is not obliged to carry out the variation. Customer acceptance of the
variation will be by means of either issuing a purchase order referencing the variation
quotation or by signing and stating the Customer’s agreement to the quotation and
returning it to the Contractor. The Contractor will not undertake any requested variation
until and after written agreement as detailed above is provided.
- The Contractor may use sub-contractors to provide some of the service. In such
circumstances, the Contractor will ensure that:
(a) the sub-contractors so engaged are suitably qualified, hold all necessary licences
and are otherwise able to perform the service in a proper and workman-like manner;
(b) the sub-contractors so engaged, do not by act or omission do or not do anything
that would, if done or not done by the Contractor be a breach any of these terms;
(c) the sub-contractors so engaged have current or necessary insurances.
- The Contractor is solely responsible for all fees payable to sub-contractors.
ACCEPTANCE OF THESE TERMS
- Any act by the Customer or those legally acting on behalf of the customer which
requests the Contractor to begin performing any services or providing any materials will
be deemed as acceptance of these Terms and Conditions. Acceptance can be provided in writing or verbal concent. Emails regarding intent ro initial Engineering design are also ci
- Once these Terms and Conditions are accepted they are irrevocable and cannot be
amended without the written consent of the Contractor.
- In the event there is more than one party as a Customer to these Terms and Conditions,
all Customers will be jointly liable for these Terms and Conditions.
- Should the Customer cancel the engagement of the Contractor after it has been
accepted, the Customer agrees they may be held liable for any reasonable costs
incurred by the Contractor in relation to the provision of the services and/or provision of
products up to the point of cancellation including but not limited to restocking fees, non
recoverable freight charges, cost of permits and approvals, design and drafting
expenses and labour.
QUOTES, INVOICES AND PAYMENT
- All invoices are issued under the building and construction industry security of payment act 1999,NSW.
- A quote provided by the Contractor will remain valid for thirty days unless otherwise
expressly stated. On expiry of that period, if the Customer wishes to proceed a quote
revision will need to be provided prior to the Contractor undertaking the service.
- The Customer will pay the Contractor’s fee in accordance with the Terms of the
Contractor’s quotation, Customer Trade Account or as defined in quotation. The price
excludes GST.
- The Contractor will issue a tax invoice for the service setting out the service performed,
including any variation, the date the service was performed and by whom. The tax
invoice will also separately identify all expenses and any GST payable. This tax invoice will
include the final price for the services performed and any goods provided, this price may
vary from the quoted price if authorised variations have been agreed to during the
execution of the services.
- Payment of the Contractor’s tax invoice must be made in any of the following manner:
Credit card, cheque, electronic transfer to the Contractor’s bank account or Cash.
Payment by Cheque will only be accepted where the Customer has a Trade Account
with the Contractor or the Customer provides photographic Identification that states
name, date of birth and residential address of the Customer.
- Where the Customer fails to pay any tax invoice on or before the due date, the
Customer agrees that the Contractor will add interest to the total outstanding amount at
the rate of 1/12 of the Australia and New Zealand (ANZ) Bank Overdraft interest rate per calendar month and that the Customer will be liable to pay an accrued interest in addition to the
outstanding amount.
- In the event the Customer defaults in payment of an invoice, the customer shall
indemnify the Contractor from any costs incurred by the Contractor in recovering the
outstanding amount, including but not limited to solicitors fees. We retain title to any
Equipment and services (even if You go into liquidation or become bankrupt) until we
receive payment in full.
- The Customer is not entitled to deduct any invoiced amount from any amounts owing to
the Customer by the Contractor.
- The Customer will ensure that, if the service is to be performed on the Customer’s
property, the Customer is authorised to occupy those premises and obtain the service.
- The Customer will ensure that if the service is to be performed on the Customer’s
property, that at all times the property is safe and that all facilities provided by the
Customer for the purposes of enabling the service to be performed are also safe. The
Customer is responsible for ensuring that the Contractor has access to a reasonable
quantity of potable water for drinking and hygiene purposes.
- The Customer will ensure that the Contractor has free and unimpeded access to the
place in which the services are to take place and that the Customer will do all things to
ensure that the Contractor is not delayed by matters within the control of the Customer.
The Customer accepts that the Contractor has the right to impose stand down charges
and recover additional costs incurred where work is delayed by reason not in the control
of the Contractor and where the Contractor is unable to reasonably reschedule services
- The Contractor will ensure that at all times in performing the service it uses safe and
proper procedures and practices and that all its employees are properly trained and
supervised and observe all proper safety practices. Where protective equipment,
materials or clothing are required these will be provided by the Contractor and the
Contractor will ensure that these are used at all relevant times.
- The Contractor will at all times have current Workers Compensation insurance and will,
on request with prior notice, provide evidence to the Customer of its currency.
LIMITATION ON WARRANTY
- The Contractor warrants that all the service it performs including any product it supplies
as part of the service will be fit for its intended purpose, will be capable of being used by
the Customer for its intended purpose and will perform in accordance within its
applicable specifications (if any).
- All statutory warranties that can be lawfully excluded are hereby expressly excluded.
- To the extent permitted by law, the Contractor is not liable for negligence or otherwise to
any person including the Customer for any loss or damage including consequential loss
suffered or incurred in relation to the Contractor’s service or products supplied.
JURISDICTION
- It is agreed by the Parties that these Terms and Conditions will be construed in
accordance with the Law of NSW, Australia and each Party covenants that it submits
to the jurisdiction of the Courts of NSW, Australia for the resolution of any dispute under
the Agreement.
FORCE MAJEURE
- Neither the Contractor nor the Customer shall be held liable for any 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.
admin@enviroservices.com.au
Office: (02) 4294 8003
Out of hours: 0499 111 070