Incorporating

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Terms & Conditions

PSG AUSTRALIA PTY. LTD. TRADING AS PSG FACILITY SERVICES

TERMS AND CONDITIONS OF TRADE (“Terms”)

1. THESE TERMS

These Terms shall govern every order for Works placed by You with PSG Australia Pty. Ltd, its directors, servants, agents and assigns.

2. DEFINITIONS

2.1 “PSG” means PSG Australia Pty. Ltd. Trading as PSG Facility Services;

2.2 “Price” means the money to be paid by You for the Works which is calculated in accordance with the PSG yearly management rates form (which may be updated from time to time by Us without notice) and it includes GST and all other third party disbursements;

2.3 “Term” means any term of these Terms;

2.4 “Terms” means these terms and conditions of trade;

2.5 “We”, “Us” “Our” mean PSG, its directors, agents, servants, representatives and assigns;

2.6 “Works” means all trades services, including but not limited to mechanical services, plumbing, electrical, boilermaking, building controls, water treatement; security, traffic management, traffic controller, labour and other such services as requested in a purchase order by You from time to time;

2.7 “You” means you, whether You trade as an individual, a corporate entity or through some other structure;

2.8 "Scheduled maintenance", and "AC service" means work booked at least 72 hours in advance, and carried out in normal business hours.  It excludes parts, refrigerant gas, breakdown call outs, after hours work, and overtime.

3. CREDIT APPLICATION

3.1 You may at your discretion complete and submit an application for credit with Us at any time.

3.2 We reserve the right to accept or decline any application for credit.

3.3 In making a decision whether to extend credit pursuant to Term 3.2, We may request further information from You. No provision of credit will be made by Us pending any supply by You of further information.

3.4 In the event that You are extended by Us, You will be notified of same in writing.

3.5 In the event that You are not extended credit, You will be notified of same in writing.

4. ORDERS

4.1 Once You have been extended credit in accordance with Term 3, You will be at liberty to submit a purchase order to Us at any stage by post, email, facsimile, by telephone, by hand or in person verbally.

4.2 If a purchase order is accepted by Us, You shall be notified either verbally or in writing by Us.

4.3 We reserve the right not to accept any purchase order.

4.4 No purchase order shall be binding until such time as it has been accepted by Us.

5. WORKS

5.1 The Works shall be performed by Us in exchange for payment.

5.2 The Works shall be provided by Us at a time and at a location nominated by You in your purchase order.

5.3 We shall be responsible for sourcing personnel and equipment and delivering them to your work site, unless otherwise agreed with You, for the purpose of completing the Works.

6. PRICE

6.1 Upon completion of the Works, or during an interim period if the Works are to be performed over a period in excess of five consecutive days, You must pay for the Works.  Works of limited duration must be paid for in advance.

6.2 We shall provide You with an invoice for the Works by facsimile, email, by post or by hand.

6.3 The invoice(s) shall reflect the Price for the Works.

6.4 The Price is always exclusive of GST, but GST will be itemised in any invoice supplied to You.

6.5 Allowances must be taken into account by You as they form part of the Price and must be paid. Details of all allowances are contained in the PSG yearly management rates form. They will be invoiced by Us.

6.6 Overtime also forms part of the Price, where applicable, and must be paid.  Overtime at a rate of 1.7 hours will be charged for every hour of overtime (or part thereof) upon completion by Us of a shift of work . Shifts shall be eight hours on weekdays, weekends and public holidays.  Overtime will be invoiced by Us.  A minimum of 4 hours applies to all after hours call outs.

6.7 Payment of each invoice must be within 7 days from the date printed on the invoice.

6.8 Failure to pay any invoice may result in a suspension of any credit extended to You and may result in recovery action by Us. You agree that in the event We take recovery action, You shall be obliged to reimburse Us for our legal and all other collection expenses on an indemnity basis.

6.9 Prices may be increased, at our absolute discretion, to reasonably recover increased costs such as increases in CPI, minimum wages, supplier costs and any other expense of any type that increases the cost of supplying the Works.

6.10 Maintenance Agreements: The lump sum price given in maintenance agreements includes schedule services (one per quarter) as listed on the Agreement and wholly excludes any unschedule service calls or requests, parts, repairs, refrigerant gas, emergency break downs, and any other attendance that was not scheduled as set out in Clause 2.8.

7. CANCELLATION OF AN ORDER

7.1 You may cancel a purchase order at any time provided that such cancellation is communicated to Us by email, facsimile, telephone or in person at least twenty four hours prior to the allocated time for commencement of works, as nominated by You.

7.2 In the event You fail to inform Us of the cancellation in the time specified in Term 7.1, You will be obliged to pay for the first four hours of your booking as a cost thrown away. Those first four hours will reflect the total Price of what was ordered by You during those hours, including GST and any third party disbursements and will be invoiced by Us accordingly.

8. LIABILITY

8.1   PSG takes its role in providing quality Works seriously. However, We will not be responsible for and You release and indemnify Us for any loss suffered by You and/or any third party arising out of and relating to the movement of any goods or items at any work site, the performance of the Works at or around any work site (save as where liability is deemed by legislation) and the actions of third parties at any work site.

8.2 You and PSG agree that PSG is not liable for any consequential loss suffered by you, howsoever arising.

8.3 Any equipment belonging to Us which is stolen from site will be reimbursed to Us by You in accordance with usual commercial rates. It will be invoiced by Us accordingly.

8.4 You and PSG agree that PSG is not liable for any false alarm and or call outs by a fire authority.

9. WAIVER

Nothing in these Terms constitute a waiver of rights by Us.

10. SEVERANCE

In the event that any part of these Terms is ruled invalid by a Court of competent jurisdiction, then that part shall be struck out of these Terms and these Terms shall otherwise remain legally valid and enforceable.

11. JURISDICTION

Each party to these Terms agrees that the jurisdiction for any dispute is Victoria, Australia and that the Courts of Victoria have exclusive jurisdiction over any such dispute.

12. ENTIRE AGREEMENT

These Terms represent the entire contractual agreement between the parties, save for any credit application, purchase order and/or invoice which will also form part of the agreement. Nothing else shall form part of any such agreement.

13. VARIATION

13.1 These Terms may only be varied by written agreement between the parties.

13.2  Any written agreement must be signed off on by a director of PSG.

14. NO ASSIGNMENT OR NOVATION

These Terms may not be assigned or novated without the written approval of PSG.

15. TERMINATION

15.1 Either party may terminate these Terms at any stage by providing written notice to the other party. Termination shall take effect once all Works, as ordered by You and accepted by Us as of the date of any termination notice, have been completed and paid for by You.

15.2 Termination by either party does not require evidence of fault or breach.

 16. NOTICES

16.1 Any written notice served under this agreement must be by way of email (unless otherwise specified in these Terms) to an email address set out in the application for credit by You, or in correspondence by Us.

16.2 Service of any written notice shall be deemed from the moment it was sent by either party, provided that party has an email delivery receipt for same.

17. ADJUSTMENTS

17.1 Changes in the cost price of any item of material, plant or equipment (including ancillary changes) supplied by PSG caused by or due to-

17.1.1 Any variation in the level of sales tax or import duties resulting from the revision of relevant legislation or regulations or changes in the interpretation of the provisions thereof or the introduction of new or additional, or removal of, duties or taxes applicable to such item; or

17.1.2 Changes in exchange rates between the Australian dollar and the foreign currency used to calculate the cost price of such item.

17.1.3 Changes in any relevant Site Agreement applicable to the project including Site Allowance or Multi-Storey Allowance specified in the Subcontract Conditions.

17.1.4 Changes required to the Works as a result of errors or omissions.

17.1.5 The additional cost for overtime worked where the need to work overtime did not result from PSG delays.

17.1.6 The additional costs (if any) which may result from the presence of asbestos-contaminated or other hazardous materials in or about the site on which the Works or any part thereof is to be performed.

18. LIQUIDATED DAMAGES

Liquidated Damages shall not apply to the Works.

19. DESIGN GUARANTEES

The Works are based on the capacities and design shown in the Specification and Drawing documents. No warranty is given in respect to any thermal or acoustic capacities or performance criteria with respect to any system design, system performance, level of noise or vibration.

20. PASSING OF PROPERTY IN MATERIALS & EQUIPMENT

The full and beneficial title to, ownership of and general property in items of material, plant and equipment delivered to the site and which form or shall form part of the Works shall be retained by PSG and shall remain with PSG until payment in full.

21. EXCLUSIONS

The following items are excluded from the Works:

21.1 Out of hours work;

21.2 Warranty and maintenance of existing equipment;

21.3 Builder’s work (penetration of ceilings, walls, roof and slabs, making good, etc.)

21.4 Removal and replacement of ceilings and ceiling tiles;

21.5 Access to ceiling space for removal and installation work;

21.6 The supply or installation of equipment platforms or service access facilities;

21.7 Gas and Electricity charges (Gas and Electricity charges were not available at time of tender);

21.8 Supply and installation of Smoke/Thermal Detectors, Fireman’s Controls, Switches, Alarms and Control Panel;

21.9 Any site or special allowances pertaining to this project;

21.10 Any multi-story allowance pertaining to this project;

21.11 Recalibration of existing plant and equipment;

21.12 Provision of door grills;

21.13 Painting of ductwork, equipment and associated items;

21.14 Provision of permanent roof access;

21.15 Any Prime Cost (“PC”), Provisional or Contingencies Sums applicable to this project;

21.16 Supply and installation of outside air or acoustic louvres;

21.17 Concrete for plinths;

21.18 Building permits and fees;

21.19 Occupation Health and Safety requirements for safe access to walkways and catwalks;

21.20 Fixings to services and installation walkways;

21.21 Provision for penetrations, chasing, up-stands, under-flashing, tanking or drawing;

21.22 Provision for additional supports or strengthening of existing structure to support any items of mechanical services plant;

21.23 Provision for supports stands/platforms for Air conditioning equipment.

21.24 Provision for equipment support plinths;

21.25 Provision for access panels in walls, roof or ceilings;

21.26 Provision for any tundishes for condensate drains;

21.27 Penetrations throughout the building for the passage of pipework and conduits, etc.

21.28 Roof penetrations under flashings and up-stands;

21.29 Concrete plinths and rooftop platforms for plant and equipment;

21.30 Power wiring, terminating in tails at mechanical services switchboard;

21.31 Fire proofing of penetrations.

21.32 Major services including but not limited to 10,000 and 30 000 hours services

21.33 Maintenance contracts exclude consumables such as fan belts, filters and so on

21.34 Maintenance contracts exclude annual certification costs associated with HEPA filters

21.35 Compliance with Australian Standards unless mandated by law

21.36 Noise abatement where mechanical services noise levels are not regulated, for example noise impacts on commercial premises or common areas. Clients are responsible for acoustic engineering assessments.

22. ASBESTOS

Any costs incurred by PSG in connection with the removal of asbestos material, should it be found during the installation of the Works, shall be borne by You. If any asbestos material is found, PSG personnel will be removed from the area and shall not return until the site has been declared safe.

23. ACCESS

23.1 You shall ensure PSG has adequate access to carry out maintenance and/or defect rectification as and when required.

23.2 You shall provide permanent access to roof mounted equipment.

23.3 You shall supply access panels of adequate size to enable removal of roof-mounted equipment.

23.4 You shall provide for the removal and/or replacement of ceiling and/or ceiling tiles for access at no cost to PSG.

24. Breath Clean Air Special Offer

24.1 The offer applies to customers who enter into a Service Contract with us

24.2 The offer of free installation up to the value of $500 is for labour supplied on the first installation.  It does not include parts; or modifcations or repairs to faulty or unserviceble client equipment 

24.3 Any 'unused' labour allowance is not transferrable.  Any hours in excess of the time required to install the filters expires at the completion of the installation.  The Offer is good for one-time use with no remaining balance.

24.4 The company reserves the right to withdraw the offer at any time, and without notice at the company's sole discretion.

24.5 Not valid for cash or cash equivalent or toward previously purchased products

24.6 If the order exceeds the amount of the labour allowance, the customer must pay for the balance

24.7 Once selected, the filters are not refundable for cash or credit

24.8 Installation will be according to the availability of the filter products; and the availability of our installers

24.9 If we are unable to supply the products no refund, cash or credit is payable to you

25. Mechanical Services Special Offers

25.1  From time to time, we promote Mechanical Services Special Offers.  These offers apply to customers who enter into a 3 year Service Contract with us

25.2  The offer does not include parts; or breakdown repairs; or emergency call outs; or work not scheduled as part of a regular quarterly maintenance service call

25.6  We reserve the right to withdraw the offer at any time

25.7  We reserve the right to alter or vary the offer at any time, and at our sole discretion.  Such alterations or variations do not void the Service Contract.

25.8  We reserve the right to schedule the service at a time that meets our operational requirements and is available during business hours only

25.9  The 10% discount on major repairs available to Platinum Service Clients shall be applied to, and included in any quote that We prepare.  

26. Errors and Omissions

26.1 We reserve the right to alter or vary an offer or quote at any time, and at our sole discretion.  Such alterations or variations do not void the Contract or Agreement between Us.

27. Workmanship Warranty

27.1 Any warranty provided by Us on workmanship excludes fair wear and tear and is limited to our duty to act with reasonable skill and care; and to carry out the work to the same standard that another reasonably competent member of our profession would have met.  All other conditions and warranties, statutory or otherwise and whether express or implied, are hereby excluded, and no guarantee, other than that expressly herein contained, applies to the product to which the guarantee relates, or any accessory or part thereof.