Terms of service
1. Preamble
1.1Sydney Wide Crane Trucks (herein also referred to as the 'contractor') reserves all rights of the contract and reserves the right to modify these Terms and Conditions at any time.
1.2No amendment of these Terms and Conditions shall be of any force or effect unless in writing and signed by the contractor.
1.3Terms and Conditions of the customer that are additional to these Terms and Conditions are not legally binding, unless specifically accepted by the contractor.
1.4By using our services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
1.5In the event of a person signing as a customer, on behalf of another person, company or firm of any kind, then the person signing is legally bound as a party to this contract and is required to pay for the services provided by the contractor.
2. Definitions
2.1Contractor: means Sydney Wide Crane Trucks and all its representatives and employees.
2.2Customer: means the individual or company or person signing on behalf of an individual or company who has requested Sydney Wide Crane Trucks services.
2.3Services: the work that Sydney Wide Crane Trucks provides.
2.4Work: electrical works that Sydney Wide Crane Trucks performs under this contract as requested by the customer.
2.5Defective work: product or installation that shows no sign of malicious damage and is genuinely not fit for purpose.
3. Governing Law
3.1All services being provided shall be governed and construed in accordance with the Law of NSW and the Commonwealth of Australia.
4. Price
4.1Quotes are to be provided by the contractor to the customer as to the type of service and product the customer has requested.
4.2The contractor provides obligation free quotes to all customers upon their request. The contract reserves the right to refuse to provide any type of quotation at their discretion.
4.3The specifications and descriptions contained in the quote merely represent a general idea of the product or service and the contractor reserves the right to make any changes to these materials that do not affect the purpose of the service.
4.4Once the customer agrees to take on the contractors' services, they are bound by the price and payment terms of the quote/invoice.
4.5Any service work after working hours requires a credit card security deposit. A customer will not be charged until the job is completed, however if the contractor has commenced their journey to the site, and the customer decides to cancel the job, then their credit card will be charged the service/call-out fee. These fees will be discussed on the service booking call with the customer.
4.6Subject to any further changes of the service the customer has requested, the initial quote price will change, making the old quote invalid and the most recent quote valid and binding.
5. Invoice
5.1If the contract price is more than $20,000.00, the customer has cooling off rights. This means that the customer has the right to cancel the contract if they change their mind. If this is so, they must do this within 5 business days.
5.2Once work has commenced and the customer changes their mind in relation to clause 5.1, the work that has been carried out by the contractor thus far, requires the customer to pay. The payment includes the materials and products used and the labour charges.
5.3In the event where the customer does not pay, the contractor must be compensated for monetary losses incurred performing the work.
5.4In the event where the customer does not comply with clause 5.2 and 5.2, the contractor reserves the right to commence legal action.
5.5The customer agrees to pay additional amount to the price, which is the goods and services tax (GST) as required by the government.
5.6A deposit can be requested from a customer if the work is amounted to $1,000 or more, in the event where non-standard materials need to be purchased in order to carry out the work requested.
5.7A deposit payment is required prior to the work commencing as per the invoice date.
5.8When a customer requests services or extra work, the invoice is cash on delivery and the customer is required to pay the contractor prior to them leaving the site.
6. Quality of work
6.1All work carried out by the contractor will comply with the relevant Australian standards and laws to the extent required.
6.2All work carried out by the contractor will comply with all other relevant codes, standards and specifications of any relevant law to the extent required.
6.3All work carried out by the contractor will comply with the conditions of any building site or relevant conditions specified by the customer.
6.4It is the customer's duty to provide the contractor with a copy of the conditions of any relevant development consent or development certificates before commencement of works.
6.5The contractor will carry out the works as agreed upon between the contractor and customer.
6.6The contractor ensures that all work carried out will be upto the standard as required by rules and regulations of the state of New South Wales.
6.7The contractor ensures that materials used to help provide our services are correctly maintained and adequate to provide a safe and reliable service.
6.8The contractor does not cover any damage or loss incurred as a result of a defective part.
6.9The contractor and customer must take all reasonable steps to minimize any delay of work.
7.0 Site Conditions
7.1If the contractor encounters additional work that is required, the contractor will notify the customer of the works with the price included.
7.2 The contractor reserves the right to refuse any additional work requested by the customer should the request be deemed unreasonable or outside the scope of services the contractor provides.
7.3The price that comes with the additional work suggested will be provided either on the spot by the contractor or in an additional quote within a reasonable amount of time.
7.4The customer should notify the contractor at the earliest convenience whether they want the additional work to go ahead.
7.5Should the customer choose to go ahead with the work, they accept the price quoted and are required to pay in accordance with the Payment Terms as per the quote.
8.0 Certificates
8.1Where required, the contractor will provide any required documentation to the customer, only once full payment of the work has been received.
9.0 Dispute
9.1In a case where the contractor and a customer consider that a dispute has arisen in relation to the contract, both parties agree to negotiate in good faith in an effort to resolve the issue before any complaints are made to the Department of Fair Trading or any legal action is taken.
10.0 Termination of contract
10.1In the event where a customer decides to terminate the contract, the customer is required to pay all work the contractor has provided thus far.
10.2The customer is required to give notice to the contractor as early as possible of the termination of contract in writing.
10.3In the event where the contractor fails to complete work within a reasonable time for an unacceptable reason or fails to remedy any defective work, the customer may issue a notice to the contractor to respond within 10 days in order to rectify the situation.
10.4The contractor may terminate the contract at any given time, if the customer has not complied with these Terms and Conditions, including the Payment Terms.
11.0 Insurance
11.1The contractor must have insurance cover for public liability to cover for third parties deaths or personal injuries or damage to property not less than $2,000,000.00
11.2The contractor must have insurance cover for workers compensation insurance in accordance with Australian laws.
12.0 Licence
12.1The contractor must hold valid Australian licenses to legally perform the services requested by the customer.
12.2The contractor must have insurance cover for public liability to cover for third parties deaths or personal injuries or damage to property not less than $2,000,000.00
13.0 Privacy
13.1When a customer enters into a contract with the contractor, the contractor collects the personal information in order to carry out the work requested and collect payment. Our full privacy policy can also be found on our privacy policy page here.
13.2The contractor may share the personal information to third party contractors that assist in the work being carried out.
13.3The contractor ensures it acts accordingly to the Privacy Act 1988 (Cth).
13.4The customer undertakes the duty not to disclose personal, confidential and sensitive information of the contractor to any person without the written consent of the contractor.
14.0 Indemnity
14.1The customer indemnifies the contractor against any third party claim for indirect or consequential loss or damage, however caused, including through a negligent act or omission of the contractor. This can include; loss of data, loss of revenue, loss of profit or any other indirect costs.
14.2The customer indemnifies the contractor against any liability to any person for loss or damage whether direct or indirect, caused or contributed to by the customer.
15.0 Limitations of liability
15.1The contractor's total liability is limited under this contract for breach of conditions or warranties, to resupply of the work or paying for its resupply.
15.2The contractor's liability is limited under this contract, in tort and including negligence, for breach of statutory duty or on any other basis not covered in clause 19.1.
15.3The contract may limit the liability of the contractor for failure to comply with clause 6.1, 6.2 and 6.3, if the failure relates from a decision or calculation specified and prepared prepared by the customer, or if the contractor has advised the customer that the decision, calculation or scope of work contravenes clause 6.1, 6.2 and 6.3.
15.4In the case where clause 20.3 applies, the contractor's liability is limited to $1.00.
15.5The contractor is not liable for any delay of works commencing.
16.0 Survival
16.1The obligations of this deed shall continue for a period of the contractor's lifetime, plus 50 years.
16.2The obligations of this deed shall survive and override any other contract between the contractor and customer.
17.0 Access
17.1The customer must provide access to the site in order for the contractor to carry out the work.
17.2If the contractor arrived at the site and access is unavailable, additional charges may apply.
17.3If it is likely to impede on the work to be undertaken or as requested by the contractor, the customer must remove any unfixed property from the vicinity of where the work is to be undertaken.
18.0 Clean up
18.1Once work has been finalised, the contractor must remove any rubbish and material directly related to the contractor's work.
18.2The contractor is obligated to treat all worksites respectfully and safely dispose of any waste materials that may be created while providing the service.
19.0 Damage to property
19.1In any case where, the customers property is damaged by the contractor, as a result of negligence by the contractor, due to the work being undertaken according to the specifics outlined in the contract, the contractor must make good of the loss or damage.
19.2The contractor is not required to make good of any loss or damage where the loss or damage is caused by the customer's negligence or where the customer has failed to take reasonable steps to minimize the risk or damage.
20.0 Ownership of property
20.1If the contractor requires special equipment to be delivered to the site in order to perform the services adequately, then it is the customers responsibility to securely store that equipment until the contractor arrives on the site.
20.2In a situation where work has commenced by the contractor and the contract has been terminated, the material and products used thus far shall remain the property of the contractor.
20.3It is the customers’ responsibility to take reasonable care of the products and materials until the contractor has retrieved the products and materials from the site in relation to 20.1 and 20.2
20.4The contractor reserves the ownership of all of its intellectual property.
In closing
We've aimed to make our terms and conditions equitable for all parties involved. If you have any questions about our terms and conditions, please do not hesitate to get in touch with us via our contact us page here.
