Terms and Conditions
- Indoor Air Quality Pty Ltd (“IAQS”) will provide the services (“the Services”) to the person, firm or company (the “Client’) identified in the Letter of Engagement (“Letter of Engagement for the Provision of Products & Services”).
- The Services:
- Are more particularly described in the Letter of Engagement,
- Will be provided at such times and at such locations as the Client and IAQS shall agree.
- IAQS will commence to provision of the Services on the date referred to in the Letter of Engagement
- The price is quoted per the quote or scope of works is a fixed price for Services detailed in the scope of works exclusive of GST and is valid for 14 days from the date stated on the quote or scope of works. If the scope of works and thus the price needs to be varied for whatever reason, prior agreement will be sought from the Client. The Client will not unduly delay giving agreement to a variation. Where a delay for requires IAQS to leave the site, then additional startup costs, lead times and mobilisation costs may need to be charged.
- No works will commence until IAQS receives a written acceptance, purchase order or signed Letter of Intent, and a deposit where required.
- IAQS will issue an invoice to the Client on the completion of each stage as per the scope of works or quote for the Services performed and for all equipment and materials provided. Travel and accommodation cost incurred will be invoiced to the Client as and when incurred by IAQS. For large scale projects a deposit may be required to cover mobilisation costs. Prior agreement will be sought from the Client.
- Unless alternate arrangements are agreed prior to engagement all payments to IAQS shall be made within 7 days of the invoice date if paying by cheque and shall be made within 14 days of the invoice date if paying by direct debit.
If the Client defaults in payment, then all monies owing to IAQS shall be immediately due and payable and collections charges, expenses incurred in recovering the monies and interest charge at the rate under Section 32 of the Supreme Court Act up to the date the debt is paid in full will be added to the account.
- IAQS will adhere to procedures outlined in the scope of works and reserves the right to choose what it considers to be the most appropriate method of working, the number of its own personnel and sub-contractors used and the working times. IAQS will have control over the site/location and reserves the right to shut down works due to safety concern and refuse entry to all persons that fail to comply with personal protective equipment and health and safety requirements.
- IAQS will not be responsible for any unforeseen delays which affect the timing of the services as set out in the scope of works. IAQS reserves the right to vary the price due to additional costs incurred if the delays were due to the Client. Stand-by rates can be provided upon request.
- All intellectual property and methods of working used in providing the service remain the property of IAQS.
- Warranty of Service provided in line with the scope of works is limited up to the time of clearance testing. No warranty is provided on any materials or products supplied as part of this services. Original manufacturers’ warranty applies.
- IAQS will carry out the Services detailed in the scope of works complying with the WA Health Department Guideline for the Management of Mould and Moisture, relevant State and Federal Occupational Health and Safety Regulations and IAQS’s internal inspection and remediation protocols and sampling standards.
- The Client shall not, without the prior written consent of IAQS at any time from the date on which the Letter of Engagement is executed to the expiry of 6 months after the last date of supply of the Services, solicit or entice away from IAQS or employ or attempt to employ any person, firm or company who or that is or has been, engaged as an employee or subcontractor of IAQS in the provision of the Services. Prior to such consent being given by IAQS, an industry standard recruitment fee of 30% of the first year’s remuneration offered by the Client to the person, firm or company will be due to IAQS and payable at the time the written consent is given.
- Nothing in these conditions excludes or limits IAQS’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or for any matter in respect of which it would be illegal for IAQS to exclude or attempt to exclude its liability. IAQS will take all reasonable precautions for safety and will not accept liability for death or injury if instructions and procedures have not been adhered to.
- Subject to the above condition (15) IAQS’s total liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Services shall be limited to the total amount paid by the Client to IAQS for the particular stage within the scope of works. IAQS shall not be liable to the Client for any indirect or consequential loss including, but not limited to pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise or any claims for consequential compensation.
- Regardless of any applications to the contrary, the operations of IAQS are governed by the laws of the various states and territories in Australia, and any action instituted by IAQS against the Client and/or any action instituted by the Client against IAQS, will take place under the Laws of the various states and territories in Australia, and in the Courts, which are located in those states and territories.