Terms & Conditions
ECR Mechanical Services (Cotton Picken PTY LTD)
ABN 30 788 405 986
STANDARD TERMS AND CONDITIONS
These are the Contractor (“we” or “our”) standard Terms and Conditions which will apply to every contract when you as the Customer engage the Contractor to perform its 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.
ACCEPTANCE OF AGREEMENT
The Client has made a booking, accepted the quotation and the inspector arrives on site to commence the inspection, the Client is deemed to accept this agreement as to the basis of the inspection being undertaken. This agreement takes precedence over any previous oral or written representations by ECR Mechanical Services.
Full payment of the inspection/service/repairs is required at the completion of the service or works undertaken and provided for the Client. The contractor may require a deposit prior to the commencement of providing services or products in some circumstances. Prior payment and its amount will be a minimum %30 of total cost quoted to client or recipient of services and products for all installations and supply of products.
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 and permits required in order to allow the Contractor to perform the services.Where there are any applicable industry standards and codes, they will at all times be complied with by the Contractor.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.
Where any manuals are required in order for the Customer to enjoy or use the services, the Contractor will provide these to the Customer in such form as the Customer may reasonably require and for no additional fee.
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 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 which 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.
The Contractor may use sub-contractors to provide any of the service.In such circumstances, the Contractor will ensure that:
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;
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;
the sub-contractors so engaged have current or necessary insurances.
The Contractor is solely responsible for all fees payable to sub-contractors.
Follow up inspections.The initial fee does not allow for any follow up visits, if required, to the equipment in relation to inspection/service/repairs. A quote to undertake this activity will be provided if necessary.
Estimates Provided. Any estimates or budgets provided relating to work required to be undertaken is purely to provide an indication of approximate costings. The figures provided are not a quotation or estimate to carry out any works and can not be relied upon for this purpose. All estimates and budgets which are provided are done so only on this basis, and no liability, with the client or any third party, whatsoever will be accepted in relation to budgets and estimates provided, unless otherwise stated.
Probable Costings. Any probable costings outlined represent an opinion of inspection/service/repairs costs only which can vary considerably depending on range of factors including but not limited to:
Type and model of equipment to be attended to, fittings and fixtures chosen.
Overall timings and duration of inspection/service/repairs to be undertaken.
Fluctuations in spare parts and materials costs.
Scale and extent of the inspection/service/repairs
When the inspection/service/repairs are undertaken (after hours & weekends).
Location of the equipment and access conditions
Approvals for access to property. The Client represents and assures ECR Mechanical Services that the Client has secured all approvals necessary for entry onto the premises to be inspected. Client further agrees to defend, indemnify and hold harmless ECR Mechanical Services from demands or claims alleging a trespass upon the premises to be inspected. It is the responsibility of the Client or Agent to ensure the utilities are on at the time of inspection.
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 to these Terms and Conditions.Type your paragraph here.