This Agreement is between Control Fire Protection Pty Ltd as trustee for Control Fire Unit Trust ABN 86 131 992 265 (Control Fire Protection Pty Ltd) and the Client.
IT IS AGREED AS FOLLOWS:
This Agreement includes any schedules, annexures and attachments relating to this Agreement that are provided with this Agreement, or separately, including the Proposal, which also form part of this Agreement. By proceeding with payment for the Services, the Client will be deemed to have read, understood, accepted and be bound by the terms and conditions contained in this Agreement, and that this version is the sole requirement for this Agreement to be binding on the parties. The Client acknowledges and agrees that if they do not accept these terms and conditions, they must not proceed with the Services.
Additional Services means any services provided to the Client that were not originally contemplated or indicated in the original Proposal and/or which were added to the Scope of Services during the course of the Project for which additional Fees are payable if provided in the Proposal.
Approved Purpose means the purpose of the Client receiving the benefit of the Services provided under this Agreement.
Business means the fire product installation, rectification, inspection and audit business of Control Fire Protection Pty Ltd ABN 86 131 992 265 from time to time and includes any business carried on under any brand name associated with Control Fire Protection or by any subsidiary or any associated entity of Control Fire Protection.
Business Hours means 7:00am to 3:30pm, from Monday to Friday, provided it is not a public holiday in the State of New South Wales, Australia.
Client includes any person or organisation (or representative of any person or organisation) who is the named recipient of the Proposal.
Client Conduct means the courteous, respectful, considered, and co-operative manner expected of the Client towards Control Fire Protection for the duration of the Project, including post Completion.
Client Materials means any documents or materials owned or held by the Client, which is relevant to the Services.
Communication Policy means preferably emails, SMS messages and Site Meetings during Business Hours only unless there is an urgent matter or emergency in which case Control Fire Protection will respond as soon as practicable.
Completion means the completion of all or any relevant phase or stage of the Services as contemplated by this Agreement (including the Proposal).
Deposit means, as applicable, the deposit amount (if any) for the Project determined under or stipulated in the Proposal, or any deposit required for any services to be provided by third parties in connection with the Project and/or the Services or for any ordering and purchases of Products under this Agreement.
Direction includes agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request and requirement.
Essential Maintenance Agreements mean an agreement for the provision of ongoing annual services as outlined in the Proposal and pursuant to clause 3.1(d).
Fee or Fees means the amount or amounts paid or payable by the Client for or with respect to the Services, as provided under this Agreement including the Proposal and set out in any invoices subsequently issued, which may be fixed and/or based on Hourly Rates.
Hourly Rate means the applicable hourly rate for time-billed Services pursuant to the relevant work undertaken and, if applicable, the person carrying out the work, as specified in the Proposal.
Legislative Requirements means acts, ordinances, regulations, by-laws, orders, awards and proclamations of the Commonwealth and relevant States of Territories, codes, standards, certificates, licences, consents, permits, approvals and requirements of organisations having jurisdiction in connection with the carrying out of the Services, including the requirements of any Authority, and the requirements of any approvals, the Australian Standards and the Building Code of Australia.
Materials means all materials that exist at the beginning of the Services, in whatever form, including but not limited to documents, specifications, reports, products, information, data, drawings, renders, images, and all materials that are created or written, and provided in connection with, or otherwise brought into existence by or on behalf of Control Fire Protection during the provision of the Services, including reports, final reports and certification of works.
Personnel means a party’s employees, contractors, sub-contractors, representatives, agents and invitees.
Product means any goods to be supplied by Control Fire Protection in the course of providing the Services.
Project means the project which relates to the Client and the Services as outlined in the Proposal.
Project Site means the property at the address given in the Proposal as the location for the Project.
Project Timeline means the estimated timeline and milestones for completing the Project, if any.
Proposal means the document provided to the Client outlining the details of the Project, as may be varied by the parties.
Scope of Services means the scope and detail of the Services to be performed by Control Fire Protection under this Agreement as described and set out in the Proposal.
Services means the installation, rectification, inspection and audit Services to be provided by Control Fire Protection as specified for the Project in the Proposal (as may be varied by the parties).
Site Meetings means the Initial Site Meetings and/or as applicable any Additional Site Meetings.
Site Meeting Fees means the Fees payable for Site Meetings as indicated or provided under this Agreement and any additional Fees for time spent by Control Fire Protection in providing any Consultation in excess of the applicable prescribed and/or paid time periods, as invoiced.
WHS Law means the Work Health and Safety Act 2011 (Cth) and all applicable State and Territory work, health and safety laws.
3. THE SERVICES
3.1 Provision of Services
(a) Control Fire Protection will deliver the Services in accordance with the process and Scope of Services set out in the Proposal.
(b) Control Fire Protection will provide the Services pursuant to Control Fire Protection’s Business and will do all things reasonably required to ensure that the Services are performed with due care, skill and diligence, in a professional and ethical manner, within the scope of their expertise, in accordance with Legislative Requirements and WHS Law and to the Client’s reasonable satisfaction.
(c) The Client agrees where they vary the original Scope of Services as set out in the Proposal and Control Fire Protection is engaged for Additional Services, additional Fees may apply, and the Client may be invoiced separately for these Fees.
(d) The Client agrees the where the Agreement is for Essential Maintenance, the Agreement is effective for a period of 12 months from the date of execution and shall remain in effect unless either party gives written notice to the other of intention not to renew with a minimum of ninety (90) days before the expiry date, or it is amended or terminated pursuant to the terms of the Agreement.
(e) Control Fire Protection will do their best to complete the Services in accordance with the Project Timeline however, the Client acknowledges that Project deadlines and the Project Timeline and hence Completion may be subject to the vagaries of the marketplace, the performance of third parties, events outside of Control Fire Protection’s control and any variation in the Scope of Services.
(a) Unless agreed otherwise or specified in the Proposal, the Services do not include the following:
(i) any works required to install or upgrade fire frames;
(ii) relocation, removal or installation of any computer cabling, telephone lines, light fittings;
(iii) plumbing pipe work, sprinkler heads work or any related work;
(iv) making good, repairing, patching or painting of existing or redundant infrastructure;
(v) relocation of any furniture, equipment, etc;
(vi) work completed outside of Business Hours;
(vii) patching & painting. The Client must paint doors installed by Control Fire Protection within seven (7) days of installation to ensure that the manufacturer’s warranty does not become void;
(viii) treatment to floor or wall coverings;
(ix) re-forming of penetrations for fire dampers;
(x) treatment to any structural elements of the building;
(xi) treatment to ceilings or cornice;
(xii) all cleaning (except for a general tidying, sweeping and removal of materials and rubbish);
(xiii) arranging access to lift shafts;
(xiv) re-keying/ keying of locksets;
(xv) site-specific inductions;
(xvi) man hoists, scaffolding and any lifting equipment over 3.8 metres;
(xvii) special finishes to the inside of soul occupancy unit doors;
(xviii) asbestos removal and disposal; and
(xix) repair or replacement of any faulty and or dangerous electrical wiring or infrastructure found during Services conducted by Control Fire Protection;
(xx) do not include the removal from the Project Site of any debris, rubbish, redundant or demolished materials, packaging or waste generated in the performance of the Services. Control Fire Protection will collect all materials for disposal and place in a single designated area, adjacent to the Services and at the same level, for disposal by the Client’s representative; and
(xxi) permanent actives at feeds new circuits.
(b) If Control Fire Protection agrees to provide any of the services outlined in clause 3.2(a) or any other services which are not provided for in the Proposal, such services will be considered a variation to this Agreement in accordance with clause 3.7(b) and will be subject to an Additional Fee.
(c) The Proposal does not include homeowners’ warranty insurance, however Control Fire Protection may provide this is requested by the Client, subject to an Additional Fee which will be invoiced separately.
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