EBS Terms and Conditions

Terms and Conditions of Trading


Enviro Building Services Pty Ltd

ABN 11 130 324 748

(The Contractor)


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.


  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. The Contractor is solely responsible for all fees payable to sub-contractors.


  1. 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

  1. Once these Terms and Conditions are accepted they are irrevocable and cannot be

amended without the written consent of the Contractor.

  1. 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.

  1. 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.


  1. All  invoices are issued under the building and construction industry security of payment act 1999,NSW.
  2. 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.

  1. 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.

  1. 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. 

  1. 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.

  1. 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.

  1. 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.

  1. The Customer is not entitled to deduct any invoiced amount from any amounts owing to

the Customer by the Contractor.

  1. 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.

  1. 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.

  1. 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

  1. 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.

  1. 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.


  1. 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).

  1. All statutory warranties that can be lawfully excluded are hereby expressly excluded.
  2. 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.


  1. 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.


  1. 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.

Contact us for a consultation or quote

Office: (02) 4294 8003
Out of hours: 0499 111 070