Terms & Conditions

Terms & Conditions

Unless otherwise agreed by way of a signed contract, or amended by a specific provision in a quotation, the following terms and conditions apply to all works and services performed by Essential Safety Solutions (“ESS”) for a client, including the supply and installation of all materials necessary for such works and services.
Unless otherwise agreed, these terms and conditions supersede any terms and conditions printed on a standard purchase order issued by a client.

Definitions:

Client: The organisation, or person, responsible for requesting and receiving the works and services provided by ESS.
Essential Safety Measures: The safety features required in a building to protect occupants in the event of a fire or other hazard.
Essential Safety Solutions or ESS: Essential Safety Solutions (Aust) Pty Ltd ATF Essential Safety Solutions (Aust) Trading Trust.

 

  1. The Client shall pay each tax invoice of ESS within 30 (thirty) calendar days from the date of issue of the relevant tax invoice.
  2. If the Client fails to pay an invoice within the 30 (thirty) calendar day period, ESS reserves the right to:
    1. Issue a notice of suspension to the Client stating that if payment of the invoice is not received within 7 calendar days of the date of this notice, ESS will suspend works and services until such time as all unpaid accounts are paid in full.
    2. If the Client fails to make payment in full within the 7 day period, ESS may suspend the performance of the works or services immediately and shall not be obliged to continue with the works or services until all outstanding tax invoices have been paid in full.
    3. ESS may at its sole discretion refer any overdue account to a debt collection agency and/or law firm to commence recovery proceedings. The Client will be held liable for all costs associated with the debt recovery processes.
  3. Where ESS has quoted for the routine inspection and maintenance of the Essential Safety Measures in a building or facility on an annual basis, the quoted amount will be invoiced in twelve equal, monthly instalments:
    1. If the contract is terminated for any reason prior to the completion of a 12-month cycle, ESS will seek reimbursement to cover the cost of all testing completed. ESS will provide a breakdown of costs with the final invoice.
    2. Unless otherwise agreed, the annual contract price is subject to CPI increases at each anniversary.
  4. All ESS quotations for both routine inspection and maintenance, and defect repairs are based on a requirement for the Client to provide clear, unobstructed, and safe access to the work area, provide all necessary equipment schedules, plans and operations manuals, and make provision to allow ESS continuity of work. Should the Client fail to provide access, or otherwise cause the works to stop:
    1. ESS reserve the right to charge for any delay or disruption where the delay and distribution is solely cause by the customer.
    2. The costs associated with unplanned return visits required to complete the works will be a cost to the client.
  5. Unless otherwise advised, all ESS quotations assume that any preexisting work to ESM components in the Client’s premises have been undertaken by appropriately qualified people and are fit for purpose.
  6. ESS has the right to engage any suitably qualified person, business, or corporation to perform any part or parts of the works or services included in its quotation. Subject to the requirement that ESS adequately supervises the performance of the part or parts of the works or services and remains responsible for the quality of the works or services.
  7. For one-off minor works, the sale of ESM items, and other similar situations, ESS reserves the right to request payment upfront.
  8. ESS will endeavour to effect delivery by the agreed date; however, ESS shall not be liable for any penalties or damages for failure to deliver within the time stated due to circumstance beyond ESS control.
  9. Unless otherwise stated in the quotation, or contract, the price quoted by ESS does not include provision for the following:
    1. Emergency call outs, including fire alarm callout costs from the local fire service.
    2. The repair of any defects or non-conformances identified during inspections or testing. When identified the deficiency will be advised to the client with a quote for the required rectification.
    3. Inspecting ESM components that are concealed in inaccessible parts of the building or defects not apparent on visual inspection from floor level where access cannot be provided.
    4. The supply of logbooks and Log Book Cabinets to meet the reporting requirements of AS1851-2012.
    5. System interface testing.
    6. Long cycle tests and inspections specified in AS 1851: 2012 including 5-year, 10-year, 20-year, 25-year, and 30-year tests and inspections.
    7. Consumables and replacement items used at the time of the inspection and testing, including but not limited to replacement batteries, light tubes and bulbs, and lubricating oils.
    8. Internal inspections of private apartments or individual tenancies.
    9. Work required to be performed outside of ESS operating hours (7.00am – 3.30pm) Monday to Friday, holidays excluded.
    10. The provision of scaffolding or other specialist access equipment.
    11. Asbestos related work.
    12. Patching and painting of general building surfaces.
    13. Preparing the Annual Essential Safety Measures Report (AESMR) for signature by the building owner.
    14. Building permits or independent certification.
    15. The issue certificates or statements, including a yearly condition report.
    16. The monitoring of Fire Alarm Signalling Equipment and back up lines.
    17. The inspection of mechanical services and bin chutes.