Terms And Conditions Of Trade
- In These Conditions:-
- 1.1 “the Company” means Scantek Group Pty Ltd ABN 54 106 618 240 and its servants or agents trading as or on behalf of Scantek Group.
- 1.2 “the Customer” means the buyer of the services or goods from the Company.
- 1.3 “the Works” means the work undertaken to:
- 1.3.1 locate the placement and approximate depth of detectable inground pipes, cables and storage tanks, using radiodetection and/or Ground Penetrating Radar,
- 1.3.2 identify the location of water pipe leaks,
- 1.3.3 identify the location of cable faults,
- 1.3.4 identify faulty electrical components using infrared camera inspection and analysis.
- 1.4 “the Goods” means the sale, service, repair and training associated with the radio detection equipment sold by the Company.
- These conditions (which shall only be waived in writing signed by the Company) prevail over all conditions of the Customer’s order (if any) to the extent of any inconsistency.
- The works undertaken and goods sold by the Company are undertaken or sold on these terms and conditions.
- The time for performance of the works or supply of the goods made known to the Customer by the Company is an estimate only and the Company is not liable for any loss, damage or delay occasioned by late performance or non-performance of its obligations.
- The Company’s Terms for payments are:-
- 5.1 In advance of the provision of works or goods,or
- 5.2 Immediately upon the completion of the works for the customer or the delivery of the goods to the Customer, or
- 5.3 If agreed in writing by the Company, within seven days of the Company invoicing the Customer for the works performed or goods delivered.
- In the event that the Customer fails to pay any amount owing under this Agreement by the due date, the Customer agrees to pay all costs incurred by the Company in the process of recovering the debt, including but not limited to legal fees, collection agency fees, and court costs, whether or not legal proceedings are commenced. These recovery costs will be payable by the Customer in addition to the overdue amount.
- To the extent that it is necessary for the Company to gain access to private land (the “property”) to perform the works for the Customer, then:
- 7.1 The Customer warrants that it is legally able to grant that permission; and
- 7.2 Grants to the Company a licence to the Company to gain access to the property to perform the works as is reasonably necessary.
- The Company takes all reasonable care in locating and marking the location of inground services. However, where work is to be conducted in the vicinity of the services so marked or in any other location identified verbally or in writing by the Company, it is the responsibility of the Customer to visually establish the presence or absence (as the case may be) of the services by careful hand excavation, or an alternative non-destructive means, prior to the commencement of work. Except as provided in these conditions, the Company shall be under no liability whatsoever to any person for loss or damage (including indirect or consequential loss or damage) however caused (including, without limitation, breach of contract, negligence and/or breach of statute) which may be suffered or incurred from or in connection with the works or goods supplied by the Company.
- The Customer agrees to indemnify the Company, its officers, servants or agents in respect of any liability however arising out of, or in any way connected with, the Company’s performance of its obligations under the terms of this contract. The Company’s liability for a breach of condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than section 69) is limited to:
- 9.1 In the case of goods, any one or more of the following:
- 9.1.1 The replacement of the goods or the supply of equivalent goods;
- 9.1.2 The repair of the goods;
- 9.1.3 The payment of the cost of replacing the goods or of acquiring equivalent goods;
- 9.1.4 The payment of the cost of having the goods repaired; or
- 9.2 In the case of works:
- 9.2.1 The supply of the works again; or
- 9.2.2 The payment of the cost of having the works supplied again.
- The Company’s liability under section 74H of the Trade Practices Act 1974 is expressly limited to a liability to pay to the Customer an amount equal to:
- 10.1 The cost of replacing the goods;
- 10.2 The cost of obtaining equivalent goods; or
- 10.3 The cost of having the goods repaired, whichever is the lowest amount.
- The Customer must supply all current (less than thirty (30) days old) B.Y.D.A. Plans for the Company’s use in carrying out the works. The Company can supply a copy of these plans to the Customer upon receiving five (5) clear business days notice from the Customer to do so. The Company does not warrant or take responsibility for the accuracy of the plans.
- The Company will conduct the works in accordance with guidelines established by the relevant electrical, gas and water authorities. The Customer must conduct its work in accordance with those guidelines and it is the responsibility of the Customer to familiarise themselves with the relevant guidelines. The Company shall not be under any liability whatsoever to any person for loss or damage however caused for any breach of the guidelines by the Customer.
- It is the Customer’s responsibility to ensure a safe working environment that complies with all Occupational Health & Safety requirements to enable the Company to carry out the works.
If you are required to give us notices of any matter, you must do so in writing addressed to the email: info@scantekgroup.com.au