The following terms and conditions apply to all works and services performed by Essential Safety Solutions Pty Ltd (“ESS”) including but not limited to the supply and installation of materials, products and goods necessary for such works and services.
  1. The customer shall pay ESS in accordance with the terms set out in the applicable proposal or quotation submitted by ESS and pursuant to all tax invoices rendered by ESS.
  2. The customer shall pay each tax invoice of ESS within 30 (thirty) clear calendar days from the date of issue of the relevant tax invoice.
  3. ESS may suspend the performance of the works or services immediately upon failure by the customer to pay a tax invoice within 30 (thirty) clear calendar days from the date of issue of the relevant tax invoice and shall not be obliged to continue with the works or services until the relevant tax invoice or tax invoices have been paid in full.
  4. If ESS exercises it suspension right under this clause, it must give written notice to the customer to that effect prior to the suspension and must allow the customer a period of a further seven clear calendar days from the date of suspension within which to make the applicable payment.
  5. In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.

All service quotes are based on an annual figure. If the contract is terminated prior to the 12 months ESS will seek reimbursement to cover the cost of all testing completed. ESS will provide a breakdown of costs with the final invoice.

Quotations, repairs and routine maintenance pricing is based on clear access, continuity of work at all times without lost time due to circumstances beyond our control.

Return visits required to fulfil ESS statutory requirements will be absorbed at the cost to the client.

The customer shall ensure that existing work conditions at the site shall provide a suitable base for the works and services. ESS shall not be required nor be obliged to carry out the works or the services over such existing or previous work if in ESS’s sole and absolute discretion such existing or previous work or conditions is or are unsuitable.

ESS reserve the right to charge for any delay or disruption where the delay and distribution is solely cause by the customer.

ESS shall have the right to engage any suitably qualified person, business or corporation to perform any part or parts of the works or services under its supervision, subject to the requirement that ESS specifies the method and manner in which the part or parts is or are to be carried out and that ESS adequately supervises the performance of the part or parts of the works or services.

Price is subject to change without notice and goods and or services will be charged at the price ruling at the time of invoice.

All prices are based on a per annum basis and are subject to CPI increases as applicable.

Prior to return any goods, written approval must be obtained, and proof of purchase must be provided.

Whilst ESS will endeavour to effect delivery by the given date ESS shall not be liable for any penalties or damages for failure to deliver within the time stated due to circumstance beyond ESS control.

It is ESS policy that all orders must be confirmed in writing.

ESS reserves the right to request payment upfront.

All callout fees are subject to priority attendance fee.

Equipment schedules, plans and operations manuals to be provided before proceeding.

Exclusions

No allowance has been made for repair costs during routine maintenance

No allowance for the supply of logbooks to meet the reporting requirements of AS1851-2012

No allowance to perform System Interface Testing

No allowance for 5 yearly service schedule, 10 service schedule, 25 yearly testing service schedules as per AS1851-2012

No allowance for consumables used at time of inspection

No allowance for private apartments or individual tenancies unless specified in proposal

No allowance for works to be performed outside of ESS Operating Hours (7.00am – 3.30pm) Monday to Friday

No allowance for access equipment

No allowance for asbestos related works

No allowance for patch and painting

No allowance for the Annual Essential Safety Measures Report unless specified in the proposal

No allowance for building permits or independent certification

No allowance has been made to issue certificates or statements, including a yearly condition report.

ESS takes

No allowance for periodic inspections of bin chutes

ESS does not cover fire alarm callout costs from MFB

No allowance for Fire Alarm Monitoring ASE and back up lines

No allowance for mechanical services unless specified on proposal

No allowance for the supply and installation of Essential Safety Measures Log Book Cabinet

Inspections and reports will not include possible defects to Essential Safety Measures in inaccessible parts of the building or defects not apparent on visual inspection from floor level or where access cannot be provided.