Phone: 1300 123 737

Terms and Conditions

TERMS AND CONDITIONS OF TRADE for Sydney Facility Service Pty Ltd herein after referred to as “SFS”

Registered Office: 4/6-8 Pacific Highway, St Leonards NSW 2065

1a) Payment Terms: Terms are strictly 30 (thirty) days from date of issuance of invoice unless a longer term is negotiated and agreed at the time of quotation and forms part of the written acceptance of quotation by the client. SFS shall be protected for payments under Section 13 of the NSW Building and Construction Industry Security of Payment Act 1999 as amended in 2002 and any subsequent amendments.

1b) Minimum fee: for callout to any site of work is calculated at 2 (two) hours (includes travel time and costs) at a standard rate of $75.00 plus GST per hour.

1c) Method of Payment: Payment may be made by direct bank deposit to SFS’ bank account or by commercial or bankers cheque made out in favour of SFS.

1d) Dishonoured Payment: In the event that a check or funds transfer is dishonoured then SFS reserves the right to charge the Client a handling fee of 1% of the total transaction or $50.00, whichever is the greater, plus any financial institution fees and charges rendered upon SFS as a result of the dishonoured transaction.

1e) Title of Goods: Title of goods does not pass until payment is received in full by SFS .The Client must hold insurance and fully indemnify SFS in all aspects until title to the goods is passed.

1f) Default of payment: In the event of payment default, SFS reserves the right to withdraw any credit facility previously granted to the Client by SFS, withhold deliveries of goods and/or services against all current contracts on hand, enter the Client’s premises and reclaim any and all goods on site that have previously been delivered from SFS to the Client and  suspend and/or terminate performance of any and all contracts that SFS has with the Client without notice and issue a payment demand and/or commence recovery action for all outstanding monies at the time of default. SFS reserves the right to register its financial interest under the Personal Property Securities Act 2009 (CTH).

2) Deposits: SFS reserves the right to require a deposit of 20% or as specified before undertaking any works. The amount of such deposit shall be advised at the time of quotation.

3) Progress payments: SFS reserves the right to request progress payments on any transactions. Such progress payments shall be agreed upon between the client and SFS at the time of the issuance of SFS’ quotation and subsequent acceptance of quotation by the client. Progress payments shall be in addition to any deposit stipulated in clause 2.

4) Updating of Terms: These terms and conditions of contract and trade are in addition to and together with any other terms communicated in respect of the provision of services and/or goods. Where they are in conflict, the latest published terms and conditions shall prevail, as shall be the case where special terms and conditions are negotiated at the time of quotation and are acknowledged by both SFS and the client in writing that the said special terms and conditions shall prevail. Any terms and conditions of the Client’s set out on the Client’s acceptance documentation of SFS’ quotation that deviate or are inconsistent with SFS’ terms and conditions of contract and trade shall not bind SFS.

5) Quotations: Unless previously withdrawn, a quotation is valid for thirty days or such other period as stated therein. A quotation is not to be construed as an obligation on the part of SFS to supply goods and/or services and no contractual relationship shall arise there from until the client’s acceptance in writing has been received and accepted by SFS. Upon acceptance of SFS’ quotation, the Client is to include and refer to SFS’ quotation number in the acceptance documentation and in all and any communications in relation to that quotation.

6a) Delinquent Payments: Should there be any default in our payment terms, all monies owing by the Client SFS shall become immediately due and payable and a Credit Bureau Default may be lodged without further notice.

6b) Interest on Late Payments: SFS reserves the right to charge interest at the rate equivalent to St George Bank’s indicative Lending rate plus 5% (Five Percent) calculated daily from the date of invoice on all overdue accounts exceeding 60 days after the date of invoice. Interest shall also be applicable on the Goods and Services tax (hereinafter referred to as GST) associated with any and all overdue invoices for the purpose of calculating the penalty interest for non-payment the due date for payment shall he deemed to be 14 (fourteen) days from the date of invoice.

6c) Debt Collection Costs: SFS reserves the right to recover from the Applicant all expenses, costs and/or disbursements incurred in recovering any outstanding monies including all search fees debt collection and/or solicitors fees plus all legal costs

7) Credit Accounts: Should a Client apply for and be granted a credit account, the fixed credit limit will be determined by SFS. In the event that the account exceeds these limits or a  promised payment is not made, SFS reserves the right to withhold the supply of goods, services and ongoing support until payment is made.

8) Acceptance of Terms: Upon the issuance of a purchase order from the Client to SFS, either written or verbal, it shall be deemed that the Client has accepted in full and without exception all clauses stated in the Terms and Condition of Contract and Trade of SFS. Also that by the issuance of their purchase order or verbal order instructions the Client has agreed to be bound by the said Terms and Conditions of Contract and Trade of SFS without exception.

9) Notification: The Client will notify SFS of all material changes in name and/or financial status, which may result in the need for SFS to reassess any credit limit previously granted to the Client.

10) Authority to Instruct: The Client acknowledges that SFS is entitled to presume any person forwarding instructions from the Client’s office purporting to have the authority to bind the Client to a contract for the supply and delivery of goods and/or services from SFS, has the authority they claim.

11) Trustee Obligations: If the Client is a Trustee, the Directors warrant that they have the authority and power to enter into an agreement with SFS and personally guarantee the performance of all of the insurance obligations under such agreement.

12) Pricing: Prices, charges and discounts offered are subject to alteration without notice. Should an order be received by SFS requesting supply on non-current pricing terms, SFS has the right to amend the prices, charges and discounts to reflect prevailing pricing terms.

13) Binding Terms: These terms and conditions of contract and trade shall be binding upon the Client, its successors, executors, receiver managers, administrators and permitted assigns and shall ensure to the benefit of SFS, its successors and assigns.

14) Goods and Services Tax: Where applicable, GST is payable on all goods and services supplied by SFS. Where any deposit or prepayment is required to secure delivery or specific performance by SFS, GST is payable on the full invoice cost and SFS reserves the right to request immediate payment of the full amount of GST in addition to the deposit or prepayment. Where GST is payable on any invoice and is not paid under the credit terms, the penalty clauses as mentioned in Clause 6b) shall apply.

15a) Amendment or Cancellation of Orders: SFS shall contact the Client in the event that modifications are required to the Client’s specifications and/or drawings in order that SFS may manufacture the component, apparatus and/or instrument required by the Client. Where modification to the specifications and or drawings & specifications is required, SFS is entitled to presume that any person forwarding instructions from the Client’s office purporting to have the authority, is deemed to have such authority.

15b) SFS shall be held blameless for any errors in production that may occur where the fault is found to be that the Client has supplied incorrect or insufficient technical or ordinary data for the production and manufacture of a component, apparatus and or instrument, for such cases SFS reserves the right to charge the Client a fee to cover the cost of materials labour and transportation for the incorrect component, apparatus and or instrument.

15c) On acceptance by the Client of SFS’ quotation, specifications may not be amended or an order cancelled without the written consent of SFS. Should SFS agree to amend or cancel a transaction after the acceptance by the Client of SFS’ quotation the Client shall indemnify SFS against any and all loss, damages and expenses incurred as a result of the amendment or cancellation of the transaction, including the cost of return freight, handling charges by SFS and third parties return shipping or restocking charges to place of origin, full cost of items purchased from third parties for inclusion in goods and or service to be supplied in accordance with the transaction documentation, compensation for loss of profit by SFS and all labour and engineering costs incurred by SFS in the execution or part execution of the goods and or services required in accordance with the transaction documentation.

16) Completion date: The completion date of work shall be deemed to be the date of the completion of works stated on SFS original quotation and the Client’s acceptance documentation of such quotation. Any and all variations and amendments to the original quoted work shall be treated separately from the original quoted work and as such may have a future completion date other than the completion date of the original quoted work.

17a) Intellectual Property: Any specialized tooling and/or jigs required in order to produce the finished item for the Client by SFS shall remain the sole property of SFS and as such may be used by SFS to reproduce items of a like or similar product for third party orders without any recourse by the Client.

17b) Acceptance by the Client of SFS’ quotation shall not be construed as being an implied or an express assignment of license of any of SFS Intellectual Property. Such Intellectual Property remains the sole property of SFS.

 

18) Force Majeure: Neither party will be held responsible for any delay or failure in performance of any part of any agreement between SFS and the Client to the extent such delay or failure is caused by events beyond such party’s reasonable control. This includes fire, flood, explosion, war or the engagement of hostilities, strike, embargo, labour dispute, government requirement, civil or military authority, and inability to secure materials or transportation facilities. Each party will endeavour to give the other party reasonable notice of any delay.

19a) Warranty Claims: All claims for goods and materials must be in writing and received within fourteen days of receipt of goods and/or materials by the Client.

19b) Goods and/or Materials supplied by SFS being produce in part or in total using a third party manufacturer and/or supplier then the warranty of the third party shall prevail for the component or components produced by that third party, however, for the portion of the component or components produced and supplied by SFS such claims must be received in writing within fourteen days from receipt of Goods and/or Materials by the Client.

19c) Freight charges shall be covered by the Client for goods forwarded to SFS and/or the manufacturer. SFS shall cover freight cost for goods forwarded from SFS Offices to the manufacturer or the Client for such warranty items.

20) Accuracy of Data: SFS or any of SFS employees or third party agents acting on behalf of SFS shall not be held liable for the accuracy of data. It is agreed that such data accuracy is the sole responsibility of the Client and/ or the Clients agent or any third party acting on behalf or under instruction of the Client for the issuance of data to SFS or any of the SFS employees or third party agents acting on behalf of SFS.

21) Site Safety: The Client shall ensure the safety of SFS, it’s employees, agents or any sub-contractor acting on behalf of SFS while they are present on the Client’s premises and/or property. It shall be the Clients’ responsibility to maintain a safe working environment free from noxious odours and items that may be regarded as or may create a hazardous working area. SFS reserves the right to vacate the premises on the grounds of an unsafe working environment. SFS further reserves the right to charge the Client a penalty of not less than $75.00 per hour or part thereof per worker up to the normal time of cessation of the normal working day (excluding overtime periods). Where such delays occur SFS shall endeavour to complete the project on time, but should the project over-run the original anticipated completion date, then the Client unconditionally agrees to accept such over-runs that have been caused as a result of the Client’s premises being considered an unsafe working area.

22) Change to Levies or Taxes: In the event of changes to the current government taxes, levies and charges that the client is liable to pay to SFS, the Client agrees to pay to SFS such new or increased taxes, levies and charges that are imposed by the Commonwealth Government of Australia and/or any State or Territory Government within the Commonwealth of Australia.

23) Disputes: Any dispute or action in relation to these Terms and Conditions of Trade shall be subject to the absolute jurisdiction of the laws of the State of New South Wales.

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