Terms and Conditions

TERMS AND CONDITIONS OF SUPPLY

1. Definitions
   1.1 In these terms and conditions:
   (1) Business Day means any day other than Saturday, Sunday, public holiday in the state or territory requiring service, or 27, 28, 29, 30 or 31 December;
   (2) Client means the person engaging the Supplier to provide the Goods or the Services upon these terms and conditions;
   (3) Delays are any circumstances altering commencement or continuation of service.
   (4) Goods means products supplied by the Supplier to the Client;
   (5) Legal Costs means all fees, costs and disbursements actually paid or payable by the Supplier to its own legal representatives (whether or not assessed under a retainer or costs agreement in place between the Supplier and its legal representatives);
   (6) Normal Working Hours are between 7:30am and 5:30pm, Monday to Friday, unless otherwise mutually negotiated;
   (7) Quotation means a price estimate for Goods or Services given by the Supplier;
   (8) Services means services supplied by the Supplier to the Client;
   (9) Supplier means
   1) Appliance Tagging Services Pty Ltd ABN 42 118 273 788, ATS Australian Technical Services Pty Ltd ABN 83 060 797 177 and other associated entities; or
   2) where a franchisee entity is specified in the Quotation, the specified entity;
   (10) Taxes means all present and future Federal and State Government duties, levies, imposts, fees and taxes of any nature.
   (11) Termination Fee means 50% of the Quotation;
   (12) Scope of Works means a scope of works agreed between the parties from time to time in writing or, in the absence of a specific quote, the scope specified in the applicable Standard; and
   (13) Standard is to AS 3000, AS/NZS 3760:2010, AS/NZS 2293.2:1995, AS/NZS 3012:2010, AS1851:2012 [or as revised].
2. Binding Terms and Conditions
   2.1 These terms and conditions:
   (1) apply to any Quotations for, or the supply of, Goods or Services to the Client by the Supplier;
   (2) may be withdrawn and replaced by new terms of supply, on 7 days written notice by the Supplier, unless the Quotation in relation to which these terms and conditions apply has already been accepted by ATS; \
   (3) may be changed by the Supplier in accordance with these terms and conditions; and
   (4) subject to law, are the only terms and conditions which are binding upon the Supplier.
   2.2 Any additions to these Terms and Conditions shall be in writing and included as Special Conditions in the Scope of Works. In the event of any inconsistency between these Terms and Conditions and any Special Conditions, the latter shall prevail.
3. Offer, Acceptance, Refusal and Cancellation
   3.1 Any Quotation provided by the Supplier is an invitation to treat only.
   3.2 An order placed by a Client will not bind the Supplier until accepted in writing by the Supplier or by the Supplier commencing to supply the Goods or Services.
   3.3 An order may be placed by the Client pursuant to a Quotation for up to 60 days after the date of the Quotation.
   3.4 The Supplier may elect not to accept any order in its absolute discretion.
   3.5 Subject to law, once accepted an order may only be cancelled, varied or suspended with the written consent of the Supplier. If an order is cancelled, varied or suspended, the Client indemnifies the Supplier against any and all costs, expenses or charges incurred by the Supplier in connection with the cancelled order.
4. Delivery of Goods and Supply of Services
   4.1 Goods will be delivered to, and the Services supplied at, the Client’s nominated place of delivery and supply. The Client is liable for all costs of delivery, including insurance, transport and carriage, unless otherwise agreed.
   4.2 If a date is specified for the delivery of Goods or the supply of Services, that date is an estimate only and:
   (1) the Supplier is not liable for any delay in delivery; and
   (2) the Client is not entitled to cancel the order.
   4.3 The Client must provide the Supplier and its representatives with safe access to such places as are necessary for the Supplier to carry out its obligations under these terms and conditions and applicable workplace health and safety regulations.
   4.4 The Supplier will not be liable for any costs incurred due to industrial stoppages, equipment not in place or works not completed by others.
   4.5 The Goods or Services delivered will be in accordance with the specification detailed in the Scope Of Works supplied. Any variation to the Scope of Works will be charged in accordance with clause 5.5
   4.6 The Supplier will provide a Certificate of Electrical Safety as required. The Supplier is not responsible for any part of the existing installation that does not comply with current Standards.
   4.7 The Supplier is not liable for any costs incurred in order to comply with any site standards or policies of the Client.
   4.8 No allowance has been made for any special site conditions or allowances.
5. Price
   5.1 The price list of the Supplier (if any) is not an offer to sell but is an invitation to treat only and is subject to alteration without notice.
   5.2 If the Supplier accepts an order for Goods from the Client, it must supply such Goods at the price shown in the price list (if any) current when the Supplier accepts the order, or otherwise at the price agreed in writing between the Supplier and the Client.
   5.3 If the Supplier accepts a request for Services from the Client, it must provide the Services at the price shown in any Quotation subject to any variations between the date of the Quotation and delivery made as a result of the following circumstances:
   (1) the Supplier is unable to work continuously and without interruption due to a cause beyond the Supplier’s control;
   (2) additional time is required to complete the Services;
   (3) the Quotation was given more than 30 days ago;
   (4) any tax, impost, guideline, code of conduct or other requirement is introduced, changed or varied;
   (5) the assistance or work of any third party service provider is required; or
   (6) any other event, cause, matter or thing arises or occurs which is beyond the Supplier’s control.
   5.4 The prices shown in the price list or otherwise notified to the Client are exclusive of delivery costs, insurance and Taxes (including GST (as defined in A New Tax System (Goods & Services Tax) Act 1999)) unless otherwise stated.
   5.5 In the event of an increase in the cost to the Supplier of producing Goods, the price quoted will be subject to variations following acceptance of an order (unless a fixed price has been agreed between the Supplier and the Client). This may arise from, but is not limited to, a variation in the weekly hours of work laid down under a relevant industry or occupation award, an increase in wage rates or an increase in the cost of materials outside of the Supplier’s control. Variations fall outside the scope of the original quote and will be undertaken on a cost-plus basis, unless specifically arranged. Any such variation must be agreed to by the Client in writing by the Supplier before the Goods are produced.
6. Acceptance of Goods and Services
   6.1 The Client must inspect the Goods provided by the Supplier immediately upon delivery of the Goods, and must within 2 days after delivery give written notice to the Supplier, with particulars, of any claim if the Goods are defective.
   6.2 The Client must notify the Supplier immediately, and within 2 days, upon the provision of the Services if the Services have not been provided in accordance with the Client’s order.
   6.3 If the Client fails to notify the Supplier that the Goods are defective or that the Services did not conform to the order, then to the extent permitted by law, the Goods and Services are deemed to have been accepted by the Client and the Client must pay for the Goods and Services in accordance with these terms and conditions.
   6.4 Goods supplied by the Supplier to the Client are at the Client’s risk immediately on delivery of the Goods or the Goods passing into the Client’s custody (whichever is sooner).
   6.5 The title in the Product will not pass to the Client until payment is made to the Supplier for those Products previously sold or supplied by the Supplier to the Client.
   6.6 The Supplier retains ownership of all testing data as obtained by the Supplier in the course of the provision of the Services.
7. Invoicing and Payment
   7.1 The Supplier may issue an invoice for Goods or Services provided to the Client at any time after delivery.
   7.2 The estimated number of tests or estimated hours of work as estimated on the quotation is a guide only and the Client will be charged for actual number of tests or hours of work performed.
   7.3 Payment for Goods and Services supplied by the Supplier to the Client must be tendered on completion of service or provision of the Goods, or in accordance with an invoice issued by the Supplier, which will provide for payment within the terms stated on the tax invoice.
   7.4 Payment is deemed to be made:
   (1) if cash is tendered – on the date it is tendered; and
   (2) if a cheque or other negotiable instrument is tendered – on the date upon which the cheque or other negotiable instrument is cleared by the Supplier’s bankers.
   7.5 Time is of the essence in respect of the Client’s obligation to make payment for Goods supplied by the Supplier to the Client.
   7.6 If the Client defaults in making payment to the Supplier in accordance with these terms and conditions, the Supplier may in its absolute discretion and in addition to any other remedy which it may have against the Client at law or otherwise:
   (1) charge the Client interest calculated on the portion of the Client’s account overdue at the rate of 2% per month from the date on which the default arose; and
   (2) require the Client to reimburse the Supplier for all collection costs, including Legal Costs, reasonably incurred as a consequence of the Supplier obtaining advice in connection with the default or instituting a recovery process.
   7.7 Any payments tendered by the Client to the Supplier must be applied as follows:
   (1) first, as reimbursement for any collection costs incurred by the Supplier in accordance with clause 7.6(2);
   (2) secondly, in payment of any interest charged to the Client in accordance with clause 7.6(1); and
   (3) thirdly, in satisfaction or part satisfaction of the oldest portion of the Client’s account.
   7.8 Payments made by Visa or Mastercard will be subject to a 1.5 service and processing charge. Amex and Diners Club payments are not accepted.
   7.9 Claims cannot be offset against a debt.
   7.10 Invoices are issued in accordance with the Security of Payments Act.
8. Progress Claims
   8.1 In instances where a project runs into the next month, the Supplier reserves the right to submit a Progress Claim for all works carried out up to the end of the previous month.
9. Retention
   9.1 Retention sums to be agreed in writing between the Supplier and the Client before commencement of works.
   No retention monies shall be held during installation or the warranty period.
10. Returns
    10.1 Subject to any rights which the Client may have at law, the Client must not return any Goods which the Client claims to be defective, unless the Client has notified the Supplier in accordance with clause 6.1, or unless the Supplier has first given its written approval to their return. The Client must prepay any applicable freight and cartage costs in respect of the Goods to be returned to the Supplier.
    10.2 If the Supplier has given its written approval to the return of Goods deemed to be accepted under clause 6.2:
    (1) the Supplier will only give credit for the Goods returned if they are in a saleable condition; and
    (2) the Supplier may charge a handling charge equivalent to 20% of the price of the Goods returned, unless the Client is a “consumer” for the purposes of the Competition and Consumer Act 2010 (Cth).
    10.3 If the Supplier has given its written approval to the return of Goods which are not deemed to have been accepted by the Client under clause 6.2, the Supplier must refund the freight and cartage to the Client if the Client’s claim that the Goods are not satisfactory is found to be valid.
11. Exclusions and Limitations
    11.1 The only conditions, warranties or guarantees which are given to the Client and binding on the Supplier in respect of:
    (1) the state, quality or condition of the Goods; and/or
    (2) the Services,
    supplied by it, its employees, servants, subcontractors, franchisees, or agents are those imposed and required to be binding by statute (including the Competition and Consumer Act 2010 (Cth)).
    11.2 To the extent permitted by law, the maximum liability, if any, of the Supplier under this agreement, is at the Supplier’s option, limited to and completely discharged by:
    (1) in the case of Goods, either:
    (a) the supply by the Supplier of equivalent Goods; or
    (b) the replacement by the Supplier of the Goods supplied to the Client; or
    (c) the payment of the cost of replacing the Goods or of acquiring equivalent goods; and
    (2) in the case of Services, either:
    (a) the re-supply of the Services; or
    (b) the payment of the costs of supplying the Services again.
    11.3 Except as provided in this clause 11, all conditions, warranties and guarantees implied by law in respect of the state, quality or condition of the Goods which may apart from this clause be binding on the Supplier are excluded.
    11.4 Unless expressly stated as part of the Services, the Client acknowledges that the Client does not rely and it is unreasonable for the Client to rely on the skill or judgment of the Supplier as to whether the Goods supplied are reasonably fit for any purpose for which they are being acquired, and that the sale of Goods is not a sale of goods by description or sample.
    11.5 Except to the extent provided in this clause 11, the Supplier has no liability (including liability in negligence) to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the Goods or the Services.
12. Indemnity
    12.1 The Client indemnifies the Supplier against:
    (1) all losses incurred by the Supplier;
    (2) all liabilities incurred by the Supplier; and
    (3) all Legal Costs and other expenses incurred by the Supplier in connection with a demand, action, arbitration or other proceeding (including mediation, compromise, out of court settlement or appeal),
    arising directly or indirectly as a result of or in connection with the supply of Goods or Services by the Supplier to the Client, unless caused by or contributed to by the wilful acts or omissions of the Supplier or any of its employees, servants, subcontractors, franchisees, or agents acting within the scope of their employment.
    12.2 The Supplier deems the appliance/item has been tested in accordance with the Standard to a pass or fail outcome at the time the test was performed.
13. Warranty
    13.1 The Supplier offers a 12 month warranty on the quality of its workmanship. In addition, the Supplier provides a conditional warranty on the products it installs, equal to any warranty provided by the manufacturers of the materials.
14. Credit Application
    14.1 The Supplier may from time to time require the Client to properly complete and deliver to the Supplier a credit and supply application in the form specified by the Supplier.
15. Delegation, Subcontracting and Assignment
    15.1 The Supplier is not obliged to personally provide the Services or the Goods and may appoint third parties, including related entities and franchisees of the Supplier, to provide the Services on its behalf on such basis as the Supplier considers appropriate without notice to the Client.
    15.2 The Supplier may transfer all or any part of its rights, interests, obligations or liabilities under these terms and conditions by assignment or novation.
    15.3 The Supplier may, notwithstanding that the Supplier has transferred all or any part of its rights, interests, obligations or liabilities under these terms and conditions by assignment or novation, invoice the Client as disclosed or undisclosed agent for the transferee.
16. Force Majeure
    16.1 If a party is prevented from or delayed in complying with an obligation (other than to pay money) by an event beyond its reasonable control, performance by it of that obligation is suspended during the time, but only to the extent that, compliance is prevented or delayed. Nothing in this clause 16 relieves a party from any obligation to pay money.
17. Severability
    17.1 If any part of these terms and conditions, being a whole or part of a clause, is held to be unenforceable or invalid then it is severed without affecting any other part of these terms and conditions.
18. Waiver
    18.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
    18.2 The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right.
    18.3 A waiver is not effective unless it is in writing.
    18.4 Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
19. Governing Law and Jurisdiction
    19.1 The law of Victoria governs these terms and conditions.
    19.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
20. Missed Items
    20.1 Appliances/items requiring testing are to be presented to the Supplier on site.
    20.2 The Supplier is not responsible for locating appliances/items that are not readily available. The Supplier is not required to open cupboards and/or drawers to locate appliances/items unless otherwise agreed upon in writing.
    20.3 It is the responsibility of the Client or its representative to confirm no items have been missed at the completion of testing at that site.
    20.4 If notified of items missed after the Supplier has left the site, the Client will be charged either an attendance fee or at an hourly rate (as the case may be) for the Supplier to revisit the site.
21. Minimum Number of Tests
    21.1 If minimum test numbers, as indicated on the Quotation, at an individual site are not achieved, the Supplier may charge a minimum on site charge or an attendance fee per site (as the case may be).
    21.2 The data hosting and reporting fee is as per the Supplier’s standard price list (which may vary from time to time), or as negotiated, and is additional to any minimum on site charge or attendance fee per site (as the case may be).
    21.3 A Minimum on Site Charge is calculated on the number of tests completed on site. Parts, Data Hosting and any app set up fees as quoted, are additional to the Minimum on Site Charge and any Attendance Fee.
22. Failed Items/Appliances
    22.1 Where in-service inspection or testing identifies equipment which fails to comply with the criteria given in the applicable Standard, the equipment shall be appropriately labelled to indicate that the equipment requires remedial action, to warn against further use and that the equipment is to be withdrawn from service.
    22.2 Relocation of failed items may incur additional costs as per Supplier’s standard price list (may vary from time to time), or as negotiated.
23. Appliances/Items Failing to Operate
    23.1 Where equipment has been tested by the Supplier and fails to:
    (1) restart;
    (2) reboot;
    (3) reconnect to network;
    (4) log on;
    (5) operate; and
    (6) function as before testing,
    the Supplier has no liability (including liability in negligence).
24. Access
    24.1 Free and clear access must be made to the Supplier during normal working hours, or as mutually negotiated prior to arrival of the Supplier.
    24.2 Inability to gain parking or access to site upon arrival of the Supplier may incur costs as stated on the Supplier’s standard price list.
    24.3 Inability to commence or continue work due to denial of local access on site will incur charges at the Supplier’s standard hourly rate.
    24.4 Any delays, deference, or access limitations incurred by the Supplier, for any reason, may be charged as per Supplier’s standard price list.
25. Cancellations
    25.1 Cancellations by Client upon arrival of the Supplier, for any reason, may result in Client responsibility of all costs incurred by the Supplier.
26. Termination of Contract
    26.1 Termination of contract must be submitted to the Supplier in writing.
    26.2 All reasonable costs and expenses incurred by the Supplier in respect of the contract may be recovered.
    26.3 All prices are based on the contract pricing list.
    26.4 The Termination Fee will apply if the contract is terminated less than 30 days prior to the date scheduled for the provision of Services or supply of Goods. The Termination Fee is based upon the genuine pre-estimate of costs incurred by ATS in preparation for the provision of the Services or supply of Goods.
    26.5 The Supplier, in the event of unreasonable or restrictive demands being imposed by the Client, their employees, governing unions, or third parties, has the right to terminate a contract at any time during the contract period upon 7 days written notice. In this event, the Supplier will require payment in full at the time of termination for all materials, equipment and labour installed, ordered, or provided, and all other expenses up until the termination date.
27. Modifications to or Extension of Contract
    27.1 Before project commences, an agreed schedule of works may be required in addition to the Scope of Works. Any Client instigated changes to schedules after work has commenced may be subject to a variation or time extension.
    27.2 Requests for modifications to and/or extensions of the contract must be submitted in writing and mutually agreed upon before the contract is effective.
28. Site Conditions
    28.1 Any additional costs resulting from compliance demands with site/company policies or standards, not previously indicated, will be charged accordingly.
29. Volume Discount
    29.1 Pricing will revert to Supplier’s standard price list should the total number of required tests fall below 70% of the original quote.
30. Completion Criteria
    30.1 The works will be deemed to be complete when the Scope of Works has been performed and the relevant testing criteria met, or when the Client starts to utilise the works for business.
31. Privacy
    31.1 The Client agrees to provide consent for the Supplier to view consumer data, both business and personal, for verification purposes through Veda Advantage Ltd. You can view our Privacy Statement at https://www.appliancetaggingservices.com.au/privacy-policy.