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For any other mode of sharing, please contact the author at the email firstname.lastname@example.org.
Commercial use and distribution of the contents of the website is not allowed without express and prior written consent of the author.
Fire Boar takes great care to protect the privacy of information supplied by individuals or organisations and are committed to complying with the Australian National Privacy Principles in the Privacy Act 1988.
Collection and Use of Personal Information
Fire Boar will only collect personal information about you which is necessary for us to establish and administer your accounts, provide services to you or comply with the law. This information may include details such as:
limited financial information
In most cases, the primary purpose for which we need personal information will be apparent from the context in which we collect it. If this is not the case, we will take steps to specify our purpose(s) at, or as soon as possible after, the time of collection.
Disclosure of Personal Information
Generally, Fire Boar will only use personal information for the primary purpose for which it has been collected, or for closely related business purposes. We may also use personal information to send you information about our activities, or goods and services which we deem may be relevant or useful to you.
Fire Boar will never share any information such as your name, contact information, or other personal data with any third party without your consent.
Access and Correction of Your Personal Information
You are entitled to request access to your personal information we have on record at any time. If you believe that the information we have is inaccurate, incomplete or out of date, please contact us to correction of your records.
Fire Boar takes all appropriate measures to prevent the unauthorised use, access, modification or disclosure, of your information.
If you require any further information regarding the storage, handling or disclosure of your personal information, we are happy to answer any questions. Email us at email@example.com
This Web Site is an online information service provided by Fire Boar, and is subject to your compliance with these terms and conditions set forth below.
Please read this page carefully. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED HERE, DO NOT USE THE WEB SITE.
This page states the terms and conditions under which you may use the Site and any other product or service offered for sale by Fire Boar through the Site. The right to use products or services by Fire Boar is personal to you and is not transferable to any other person or company.
Fire Boar reserves the right to change the terms and conditions applicable to the Site, or to impose new terms and conditions. Such modifications or additions shall be effective immediately upon notice to each client. Notice may be given by any reasonable means including, but not limited to, posting a revised version of this Agreement on the Internet or notification by electronic mail. Any use of the Site after such notice shall conclusively be deemed to constitute acceptance by you of such modifications, additions, or deletions. You have the responsibility to periodically review the posted terms and conditions to be aware of such revisions.
Section 1. Use of Material, Copyright
Fire Boar authorizes you to view, copy, and print a single copy of material on this Site solely for your personal, non-commercial use. Special rules may apply to the use of certain software and other items provided on the Site.
As a user, you agree to use the services offered by Fire Boar in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights. Fire Boar prohibits conduct that might constitute a criminal offence, gives rise to civil liability or otherwise violates any law. Any activity that restricts or inhibits any other user from using the services of Fire Boar is also prohibited. Unless allowed by a written agreement, you may not post or transmit advertising or commercial solicitation on the Site.
The contents of the Site, such as text, graphics, images and other material (“Material”), are protected by Australian and foreign copyright and trademark laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Commercial Use of Material, Fees
Fire Boar authorizes the use of textual and graphical material on this Site for your commercial use under special circumstances and to use such material in any publication for the fee of $500AUD + GST per copy for printed material or $500AUD + GST per page per day for online reproductions.
By using any graphical or textual material from this site you agree to incur this charge and agree to be invoiced for the full amount within the standard terms of service offerred by this company.
Section 3. Fire Boar’s Liability
The Material may contain inaccuracies or typographical errors. Fire Boar makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site or the Material. Use of the Site and the Material is at your own risk. Changes are periodically made to the Site, and may be made at any time.
Fire Boar does not warrant that the site will operate error-free or that the site and its server are free of computer viruses and other harmful goods or conditions. If your use of the Site or the Material results in the need for servicing or replacing equipment or data, Fire Boar is not responsible for those costs.
The Site and Material are provided on an ‘as is’ basis without any warranties of any kind. Fire Boar and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Fire Boar and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software text, graphics, and links.
Section 4. Disclaimer of Consequential Damages
In no event shall Fire Boar, its suppliers, or any third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Material, whether based on warranty, contract, tort, or any other legal theory, and whether or not Fire Boar is advised of the possibility of such damages.
Section 5. User Submissions
Any communication which you post to the Site or transmit to Fire Boar or to the Site by e-mail or other medium can be used by Fire Boar on a royalty-free, perpetual, irrevocable, nonexclusive license with the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a user of the Site, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive hateful, or embarrassing to another user of the Site or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Fire Boar does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of the Site or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users of the Site will be at your own risk.
Fire Boar does not screen communications in advance and is not responsible for screening or monitoring material posted by users of the Site. If notified by a user of communications which allegedly do not conform to this agreement, Fire Boar may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Fire Boar has no liability or responsibility to users of the Site for performance or non-performance of such activities. Fire Boar reserves the right to expel users of the Site and prevent their further access to the Site for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Section 6. Links to Other Sites
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Fire Boar of the contents on such third-party Web sites. Fire Boar is not responsible for the content of linked third-party Web sites and does not make any representations regarding the content or accuracy of material on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 7. Software Licenses
All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated “Legal Notice” accompanying such Software (“License Agreement”). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 8. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 9. Indemnity
You agree to defend, indemnify, and hold harmless Fire Boar, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your violation of the terms or conditions of this agreement.
Section 10. User Information
Fire Boar may use the information it obtains relating to you, including your IP address, name, mailing address, email address and use of the Site, for its internal business and marketing purposes.
Section 11. General
The Site is based in Brisbane, Australia. Fire Boar makes no claims that the Materials are appropriate or may be downloadable outside of Australia. Access to the Materials (including Software) may not be legal by certain persons in certain countries. If you access the Site from outside of Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This agreement is governed by laws of Australia, without respect to its conflict of laws principles. If any provision of this agreement is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or Material on particular pages of the Site, this agreement constitutes the entire agreement between you and Fire Boar with respect to the use of the Site. Any changes to this agreement must be made in writing, signed by an authorized representative of Fire Boar.
TERMS AND CONDITIONS - PDF Copy
This “Agreement” means an agreement between Fire Boar – ABN 36718497624 (including Training Boar, and Smoke Alarm Boar) and the Customer relating to the supply and/or installation and/or sale and/or maintenance of products and services (as described in the quotation attached to this agreement) and includes all relevant schedules, forms, specifications and other referenced materials. These terms and conditions supersede any other agreements, or understandings (whether written or oral) and, in particular, any conditions contained in the Customer’s order unless Fire Boar has expressly agreed in writing by initialling each such requested Customer’s term(s). No variation, waiver, or cancellation of the Agreement will be effective unless signed in writing by each party and any failure by Fire Bar to enforce any clause of this Agreement will not be construed as a waiver of Fire Boar rights under this Agreement. This Agreement applies whether or not it is signed below as long as the Customer has had an opportunity to view it.
2. Quotation Validity
Unless otherwise agreed in writing, a quotation provided by Fire Boar may be accepted up to 30 days from the quotation date, after which Fire Boar reserves the right to amend or withdraw it.
3. Credit Account and Payment by Credit Card
The Customer acknowledges that the granting of credit is at the absolute discretion of Fire Boar. Fire Boar may, at its sole discretion, require you to pay the full fee or a percentage of the fee upfront or in advance.
Payment by credit card will incur a 2.5% surcharge.
4. Site Charges and Assumptions
a. Unless otherwise agreed in writing, charges for work performed:
i. are based on work being carried out during “Normal Working Hours” being 7.30am to 4.30pm Monday to Friday except for Public Holidays and subject to alteration by Fire Boar;
ii. are based on having continuous, uninterrupted, and unhindered access to the required people, equipment, facilities, and areas where the work is to be carried out;
iii. working with hazardous materials (including asbestos, synthetic mineral fibres etc), or excavation works and, should Fire Boar agree to carry out such work at the request of the Customer then Fire Boar shall not be liable for any damage arising.
b. All additional costs arising from 4a) and any alteration to the specifications required by the Customer including any interruption or delays by the Customer, its employees, agents, or other trades during the course of work performed, or the extra costs of compliance with EHS policies may result in additional charges including the reasonable costs of delay.
c. If it becomes necessary to pay any additional site allowances, other than a State or Federal award or amounts in excess of any current workplace agreement applicable to the type of work being performed, these costs will be added to the Fire Boar Feed) Any variations to the services required by the Customer must be in writing and will be priced in accordance with Fire Boar standard price lists and shall include an amount for any design, management, overheads and profit.
d. Emergency service callouts will be charged in accordance with Fire Boar standard fees for such service.
5. Customer’s Responsibilities
The Customer Shall;
a. Advise Fire Boar of the existence of any concealed pipes, wires and cables for water, gas, electricity, telephone or other services affecting the premises and shall confirm the location of such services to Fire Boar and technician before work commences. In the absence of such notice Fire Boar accepts no liability for any loss or damage to such services or any consequence thereof and the Customer agrees to indemnify Fire Boar against any claim whatsoever for any loss or liability under this clause;
b. provide adequate facilities at the premises at no cost to Fire Boar, including parking, power, lifting equipment, scaffolding, scissor lifts, and rubbish removal skips;
c. Ensure that the premises must at all times be a safe working environment and (without limitation) will not contain asbestos or similar hazards;
d. Indemnify Fire Boar against any claims for the failure of fire alarm monitoring equipment, telecommunication carrier lines, power supply, costs relating to fire brigade charges, or relocation of equipment.
a. Fire Boar shall use reasonable endeavours to complete delivery of the works, however, delivery dates or periods quoted are estimates only and are subject to workflow demands and prompt receipt of all information, material, and permits necessary to allow Fire Boar to proceed with the delivery of the works.
b. Fire Boar accepts no liability whatsoever for any loss or damage suffered by the Customer as a consequence of any delay or failure to deliver the works
7. Base Line Data
It is the Customer’s responsibility to ensure they have provided Fire Boar with all base line data (as described in AS 1851-2012) related to the customers property/building relating to this agreement. While Fire Boar is happy to assist in the recreation of base line data if such data is unavailable all associated costs will be the responsibility of the customer. Fire Boar accepts no liability in relation to the supply of services/schedules/completed works etc. if sufficient base line data has not been provided.
a. The Products supplied by Fire Boar to the Customer under this Agreement are covered by a 12 month warranty which shall commence from the date of completion of installation of products, or for products sold on a supply only or supply and commission basis upon delivery of the products to the Customer (“Warranty Period”).
b. During the Warranty Period, any products that prove to be defective will be repaired or replaced by Fire Boar at its option.
c. The warranty provided under this Agreement is dependent upon regular maintenance work being carried out to an Australian Standard or Manufacturer’s Recommendations.
d. The parties agree that when evaluating a claim for defect, due allowance shall be made for fair wear and tear of the product. Should the Customer or any other party attempt to carry out repairs, mal-operate or modify the products in any way during the Warranty Period, Fire Boar shall be relieved of its obligations under the warranty provisions. In addition, the warranty does not cover work required to be done to repair a defect or damage caused by the Customer’s negligence, fault, neglect, abuse, incorrect use or as a result of vandalism, fire, water damage, power surge or other circumstance outside of Fire Boar control or that of the manufacturer.
e. The Customer shall inspect all products upon delivery and within 5 business days of delivery, give written notice to Fire Boar if any of the products are not in accordance with the Customer’s order.
f. Fire Boar will accept products returned for credit where Fire Boar has incorrectly supplied a product, or the product has been damaged in transit by Fire Boar carrier.
g. Products may not be returned for credit without obtaining prior written authorisation from Fire Boar.
h. Products returned for credit, except under f) above, shall be subject to a 15% or $20.00 (whichever is greater) restocking fee and except where products are returned under f) above, all freight charges for goods returned for credit shall be prepaid by the Customer unless otherwise approved by Fire Boar in writing.
9. Dispute Resolution
The parties agree that they will initially use all reasonable endeavours to try and resolve any dispute arising under this Agreement within 10 business days of a party being advised by written notice of such a dispute. In the event that the parties are unable to resolve the dispute within that time frame they must refer the dispute to an executive officer from each party to resolve within a further 10 days. If the dispute is not resolved in accordance with the above, either party may refer the matter to mediation or commence legal proceedings.
10. Fire Boar Liability
a. Nothing in this Agreement excludes, restricts or modifies the application of the provisions of any statute (including the Trade Practices Act 1974) where to do so would contravene that statute or cause any part of this Agreement to be void.
b. To the extent permitted by law, Fire Boar aggregate liability under this Agreement, whether in contract, tort (including negligence) or otherwise, will be limited to the value of payments received by Fire Boar from the Customer.
c. Notwithstanding anything else in this Agreement, Fire Boar will not be liable for:
i. any indirect, consequential or special or economic loss, cost, liability, damage or expense howsoever arising; or
ii. loss of profit, loss of use, loss of income, loss of rental or other benefit, loss of production, loss of actual or potential business opportunity or loss of reputation.
iii. The Customer acknowledges and agrees that it is reasonable for Fire Boar to limit its liability under this Agreement.
11. Intellectual Property
Fire Boar retains all rights, title and interest in any intellectual property including any design(s), documentation, diagrams or plans existing or arising during the course of the work under this Agreement. All intellectual property supplied by the Customer at the commencement of this Agreement remains the property of the Customer but the Customer grants Fire Boar a perpetual, irrevocable, royalty free, non-exclusive licence to use, reproduce and modify the Customer’s intellectual property. The Customer indemnifies Fire Boar for any threatened or actual claim of intellectual property infringement arising out of Fire Boar use of the Customer’s intellectual property.
12. Force Majeure
Means any of the following
a. act of God (excluding lightning), including cyclone, flood, earthquake, tsunami and bushfire;
b. unforeseen delay or shortage in materials supply required for WUC (Works Under Contract) which continues for a period of 20 business days or more;
c. epidemic, pandemic or quarantine by order of a Government Agency;
d. war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, act of terrorism, rebellion, riot, revolution, insurrection, martial law or confiscation by order of any Government Agency;
e. ionising radiations or contamination by radioactivity from nuclear fuel or nuclear waste resulting from the combustion of nuclear fuel; and
f. industrial action or dispute which affects the jurisdiction where WUC or the particular part thereof is being carried out and is not directed at the affected party or any of its Associates;
To the extent it:
g. was not caused by an act or omission of the affected party or any of its Associates;
h. was beyond the reasonable control of the affected party and its Associates; and
i. could not have been avoided or overcome by the affected party or any of its Associates taking reasonable precautions or steps;
A party whose performance of its non-financial obligations under this Contract is or will be affected by a Force Majeure Event must, if it wants to claim the benefit of a suspension under clause 12.0, promptly give the other party a written claim detailing:
a. the nature and extent of the Force Majeure Event; and
b. the effect the party reasonably expects the Force Majeure Event will have on its obligations under this Contract.
c. If a party gives notice under clause 12.0, the party’s non-financial obligations under this Contract are suspended to the extent that the Force Majeure Event prevents or delays their performance.
d. As soon as reasonably possible after a Force Majeure Event ceases to prevent or delay a party’s performance of obligations suspended under clause 12.1(a), the party must notify the other party in writing and resume performance of those obligations.
e. Any extension of time to the date for practical completion as a result of a Force Majeure Event will be determined under clause 34.
Each party must take reasonable steps to mitigate or overcome the effects that a Force Majeure Event has on its obligations under this Contract.
12.4 Termination for a prolonged Force Majeure Event
f. Either party may terminate this Contract by giving 15 business days’ notice to the other party if the performance of all or a substantial part of a party’s non-financial obligations under this Contract is or will be prevented or delayed by a Force Majeure Event for a continuous period of 80 business days or more.
g. Upon termination pursuant to this clause 12.4, the terms of clause 12 will apply as if the Contract had been frustrated on the date of the termination;
13. Liquidated Damages
Liquidated damages will not apply to the works unless specifically agreed to in writing, and then they are to be capped at 5% of the contract sum. Liquidated damages are not payable and cannot be enacted in the following circumstances-
a. any act, default or omission of the Superintendent, the Principal or its consultants, agents or other contractors (not being employed by the Contractor); or
b. any Force Majeure Event;
c. a failure to obtain materials, products or components for the Works from subcontractors or suppliers due to any epidemic, pandemic or quarantine restriction including the COVID-19 virus and the effects therefrom;
d. legislative requirements necessitating a change in the Works due to the COVID-19 virus and the effects therefrom;
e. site shutdowns and other quarantine restrictions to the Contractor’s labour force due to the COVID-19 virus and the effects therefrom;
g. change in legislative requirements;
h. delays in approvals;
i. a direction by an authority but not where the direction arose from the failure of the Contractor to comply with a legislative requirement;
j. delay by an authority not caused by the Contractor;
k. inclement weather;
l. industrial conditions that are not specific to the site or caused by the Contractor;
m. delay by utility providers;
n. unforeseen delay or shortage in labour and / or materials supply required for WUC (Works Under Contract);
o. any other event outside the Contractors reasonable control;
14. Rise and Fall
The Contractor shall be entitled to claim an increase to the contract sum if the Contractor can demonstrate to the Principal by written evidence (described in paragraphs (g) and (h) below) that it has necessarily and unavoidably suffered increased costs of the Selected Trades and Materials greater than that which it allowed for in the contract sum, as a direct consequence of changes in economic or market conditions outside the control of the Contractor having regard to the steps a competent contractor in the position of the Contractor would take in respect to mitigating additional costs.
In this clause, Selected Trades and Materials means labour and materials in respect of the following items (and is limited to the following items):
a. Fire Sprinkler Systems (eg. pipe, couplings, sprinkler heads, valves, pumps)
b. Fire Hydrant Systems (eg. pipe, pumps, couplings, valves)
c. Fire Detection Systems (eg. Fire Indicator Panels, detectors, cable)
d. Fire Water Tanks and valves
To claim an adjustment of the contract sum, the Contractor shall give the Principal written notice prior to commencing the work, stating:
e. reasons for the Contractor’s entitlement to the adjustment together with evidence to demonstrate the increase between the contract sum and the increased cost of the Works; and
f. a statement, stating the steps taken by the Contractor to mitigate the amount of additional work and additional cost including alternative quotations and other supporting documentation to demonstrate that the increased costs are competitive and unavoidable.
Within 10 business days of the date the Contractor submits its claim to the Superintendent for adjustment of the contract sum, the Superintendent shall make a determination based on:
g. the evidence provided by the Contractor; and
h. any alternative suppliers put forward by the Principal including reducing any price increase equal to the amount in the alternative quotes provided by the Principal.
i. Any increase to the contract sum determined by the Superintendent as shall be assessed by the Superintendent as a variation.
15. Fees and Charges
a. The Customer agrees to pay Fire Boar the fees specified in this Agreement within 30 days of the date of invoice without set-off, deduction or discount of any kind. Should the Customer delay in making payment, Fire Boar shall have the right to charge interest on the outstanding amount at the rate prescribed by the Uniform Civil Procedure Rules 2005, as well as require payment in advance prior to delivery of further goods or provision of further services, or cease supply of further goods or services and terminate the Agreement. The Customer shall also be liable for any legal costs or agent’s costs and disbursements associated with collecting outstanding payments on an indemnity basis.
b. Payment of the fees is a fundamental term of this Agreement and to the maximum extent permitted by law, Fire Boar will have no liability to the Customer for acts or omissions or work required to be undertaken by Fire Boar if the circumstance or event which would otherwise give rise to liability occurs at a time when the Customer is in breach of payment obligations to Fire Boar.
c. Title to and ownership of the products shall pass to the Customer upon final payment of the fees specified in this Agreement, despite delivery of the goods. Therefore, for the avoidance of doubt, the goods remain the sole and absolute property of Fire Boar as full legal and equitable owner until such time as the Customer has paid Fire Boar the full purchase price together with the full price of any other goods the subject of any other contract with Fire Boar. Risk in the goods shall pass to the Customer upon delivery.
d. The Customer acknowledges that he receives possession of and holds goods delivered by Fire Boar solely as bailee for Fire Boar until such time as the full price thereof is paid to Fire Boar together with the full price of any other goods then the subject of any other contract with Fire Boar.
e. Until such time as the Customer becomes the owner of the goods, they will;
i. store them on the premises separately;
ii. ensure that the goods are kept in good and serviceable condition;
iii. secure the goods from risk, damage and theft; and
iv. keep the goods fully insured against such risks that are usual or common to insure against in a business of a similar nature to that of the Customer.
f. Until the goods are paid for in full, Fire Boar authorises the Customer to sell the goods as its agent, however, the Customer shall not represent to any third parties that it is acting in any way for Fire Boar. Fire Boar will not be bound by any contracts with third parties to which the Customer is a party. Records shall be kept by the customer of any goods owned by Fire Boar. The proceeds of any sale of the goods shall be paid into a separate account and held in trust for Fire Boar. The Customer shall account to Fire Boar from this fund for the full price of the goods. If the Customer is entitled to a period of credit, but if prior to the expiration of the period of credit the goods are sold, and the proceeds of sale received the Customer shall account forthwith to Fire Boar for the price of the goods.
g. Should the Customer die, stop payment or call a meeting of its creditors or become insolvent or subject to the bankruptcy laws or being a company calls a meeting for the purpose of or to go into liquidation or has a winding-up petition presented against it or has a receiver or administrator appointed, Fire Boar may at its option notwithstanding its waiver of such default or failure and without prejudice to its other rights under this Agreement suspend or cancel this Agreement or require payment in cash before or on delivery or tender of goods or documents notwithstanding terms of payment previously specified or may repossess and take over the goods and dispose of the same in its own interest without prejudice to any claim it may have for damages for any loss resulting from such resale.
h. In the event that the Customer uses the goods/product in some manufacturing or construction process of its own or some third party, then the Customer shall hold such part of the proceeds of such manufacturing or construction process as relates to the goods/product in trust for Fire Boar. Such part shall be deemed to equal in dollar terms to the amount owing by the Customer to Fire Boar at the time of the receipt of such proceeds.
i. If the Customer does not pay for any goods on the due date then Fire Boar is hereby irrevocably authorised by the Customer to enter the Customer's premises or any premises under the control of the Customer as agent of the Customer and use reasonable force to take possession of the goods without liability for the tort of trespass, negligence or payment of any compensation to the Customer whatsoever. On retaking possession of the goods Fire Boar may elect to refund to the Customer any part payment that may have been made and to credit the Customer's account with the value of the goods less any charge for recovery of the goods, or to resell the goods.
j. Fire Boar shall have the right to adjust the fees periodically in respect of an increase/fall in the cost of its services.
k. Fire Boar reserves the right to issue progress invoices of materials and/or labour expended on work in progress and to place into bond materials which cannot be accepted for delivery on site and invoice the full value thereof.
l. Where any supply of products or services is or becomes subject to GST, an amount equal to GST paid or payable for that supply will be added.
16. Hydrostatic Testing
a. Before any hydrant mains are turned off we recommend an authorised person from the company or premises assist with an inspection of the fire service, so a timetable can implemented for the purpose of minimising the risk in areas which cannot be shut down due to operational and safety to employees on site while working.
b. Pressure testing of the fire hydrant service pipe work to the required design standard can cause some systems to fail or burst under pressure and we encourage all our customers to take the appropriate action in notifying their insurance company, employees, contractors, on the day of the test. Fire Boar accepts no liability whatsoever for system failure caused by the test and any damage caused as a result of the performance of the test, regardless of anything else stated in this agreement and regardless of any act or omission by Fire Boar. This quotation does not allow for the repairing of any pipe work or valves which leak while conducting the pressure testing procedure.
c. Servicing of any underground check valves or isolating valves which may be installed in a pit are excluded from this quotation and will be quoted separately, unless otherwise stated in the quotation.
d. Servicing of any underground check valves or isolating valves which may be installed in a pit are excluded from this quotation and will be quoted separately, unless otherwise stated in the quotation.
17. General Service Agreement/Quotation Summary Of Terms and Conditions
a. The customer acknowledges that the contract for the fire systems inspection & testing will be invoiced quarterly (3 months) in advance which is payable within 30 days of the issued date.
b. Only one visit has been allowed for inspecting each of the nominated services. Any additional visits due to access not being made available will be charged onto the client as per scheduled rates.
c. No allowance has been made in this quotation to comply with FM Global inspection, testing and maintenance requirements unless stated.
d. No allowance has been made in this quotation for boom or scissor lifts if and when required unless stated.
e. No allowance has been made in this quotation for consumables such as but not limited to fuel required to run the Fire Pump Sets for regular tests or upon false activation.
f. QFES call out charges due to false alarms and activations will not be the responsibility of Fire Boar unless directly at fault from works conducted by Fire Boar.
g. No allowance has been made in this quotation for the testing of tenancy fire equipment unless specifically stated.
h. This contract will increase annually in accordance with CPI.
i. Travel charges may occur to attend callouts
j. All works performed during business hours Monday to Friday 7.30am to 4.30pm unless otherwise stated in this proposal. Should works be conducted outside these hours, additional charges will be incurred by the client.
k. Fire Boar will endeavor to meet the proposed estimated time frame to conduct works however; client acknowledges this is an estimate only and not a deadline.
l. No allowance has been made for onsite induction or permit to work requirements unless otherwise stated.
m. We have allowed for reasonable continuity to perform work. Should works not be completed due to client request or unforeseen circumstances additional charges will be incurred by the client.
n. A minimum site service fee will apply if client agreed scheduled works are altered once Fire Boar staff have been assigned the task.
o. Additional charges will be incurred if any site-specific requirements such as access restrictions, isolations/de-isolations and safety standards have not been advised in writing/email prior to proposal acceptance.
p. Warranties on parts supplied by FIRE BOAR are subject to manufacturer’s terms and conditions. Warranty will be void if the client and or representative conducts unauthorized alteration to the goods supplied.
q. All risk for loss or damage to goods supplied shall pass to the client at the time of supply/installation.
r. Fire Boar reserves the right to request an upfront deposit prior to work commencement and submit ongoing progress claims during works conducted. In this instance the payment terms is a 50% deposit prior to the commencement of the job and followed by 25% payment after 30 days and the final payment in full 14 days after completion and commissioning of the job.
s. If the Buyer defaults in payment of any amount, the Buyer irrevocably gives to the Company a right in addition to and without limitation of any other right the Company may have to enter, using reasonable force if necessary and without notice, any premises where the equipment is kept by the Buyer and to take possession of the same and thereafter deal with the equipment as its own.
t. In the event that payment to FIRE BOAR falls overdue, FIRE BOAR may suspend the supply of goods or services.
u. Any change that affects the trading address, legal entity, structure of management or control of the client’s business will be notified to FIRE BOAR, in writing, within seven (7) days of the change becoming effective.
v. Maintenance proposals (e.g. defect liability period or servicing as per AS1851) do not include parts/consumables or additional labor when necessary.
w. The statements made by the Company in relation to characteristics and potential applications of the goods are made in good faith to assist the Buyer, but, except where the Trade Practices Act, 1974, and similar state laws impose liability upon the Company, the Company shall not be liable for the consequence of such statements.
x. The client shall ensure all health and safety regulations are observed whilst FIRE BOAR staff are on the client’s premises.
y. The conditions of this proposal can be altered by agreement in writing/email by authorized representatives of Fire Boar and the client.
z. Thirty (14) day’s written notice by either party will be required to suspend any scheduled contracted maintenance agreements. Seven (7) days’ notice must be given to scheduled reactive projects.
aa. The Company shall not be subject to or incur, and the Buyer releases the Company from, any claim, action or liability for consequential loss or damage to persons or property, including loss of use of the goods, or of profits arising by reason of delays, non-delivery, defective materials or workmanship, negligence, or any act, matter, conduct or thing done, permitted or omitted by the Company.
bb. It is conditional upon agreement for FIRE BOAR to proceed with any works that the client indemnifies FIRE BOAR against any claim for damage, resulting from faulty or aged pipe work.
cc. Works by other trades are excluded from this quotation. No allowance has been made unless otherwise noted, for patching or painting of any part of the building. No allowance has been made for costs that may be incurred resulting from the presence of asbestos, synthetic mineral fibres or such similar substances in any form or any associated disputes arising out of asbestos related activity.
dd. No allowance made for repair of any faulty and/or dangerous electrical wiring or infrastructure found during works conducted by FIRE BOAR. All quotations are submitted under the understanding that all preexisting wiring and infrastructure have been installed in accordance with the relevant standards and are in sound condition.
ee. Fire Boar reserves the right to suspend works if existing client infrastructure is found to be faulty or dangerous. FIRE BOAR has the right to claim for any time or parts consumed, and losses suffered (if applicable) by said event occurring.
ff. The Buyer shall indemnify the Company from and against all losses, expenses, collection fees, solicitors’ fees or liabilities incurred by the Company in relation to the goods or the services.
gg. All care and attention would be taken throughout the duration of the project by Fire Boar tradesmen to keep the workface as clean and tidy as possible and in a safe manner, and Fire Boar will not be held responsible for on-site costs such as for site cleaning or any other site-related work or services by, or on behalf of the builder or any other trades or companies
hh. Site specific induction costs are capped at $200.00 for any single contract. Additional costs will be charged to the client.
ii. New South Wales (NSW) Works- Sites who engage Fire Boar for service contracts will be provided a completed Annual Condition Report in accordance to legislation. Annual Occupiers Statements will not be signed by Fire Boar. Customers are required to engage a Licensed Fire Safety Practitioner (FSP) to sign off on Occupiers Statements and installation work at their own cost.
jj. Fire Boar does not sign off on Occupiers Statements.
a. Either party may terminate this Agreement if the other party commits any material or persistent breach of its obligations under this Agreement (which in the case of a breach capable of remedy shall not have been remedied within 14 days of receipt by the party in breach of a notice identifying the breach and requiring its remedy) or if a party becomes insolvent, bankrupt or enters into a scheme or arrangement with creditors. Termination under this clause must be affected by written notice to the other party.
b. In the event that this Agreement covers the provision of maintenance services and the Customer wishes to terminate prior to the expiry of the Contract Term, the Customer will be required to pay the remaining payments up to the end of the Contract Term. The Contract Term is defined as the initial term specified on the face of this Agreement then any successive 12-month period).
c. Fire Boar may terminate this Agreement in whole or in part at its convenience upon the provision of 14 days’ notice in writing to the Customer.
d. If the Customer purports to cancel any order, contract or agreement prior to its commencement or prior to the completion of the Term, then the Customer shall pay to Fire Boar on demand a sum equivalent to all Fire Boar’s costs, fees and expenses incurred up to the date of such purported cancellation including any damages payable to Fire Boar sub-contractors or suppliers together with a reasonable proportion of Fire Boar loss of anticipated profits, as well as a reasonable administration fee.
19. Prolongation and Extension of Time Costs
If due to circumstances beyond the control of Fire Boar the Agreement is extended beyond the original completion dates, then Fire Boar is entitled to an adjustment of the contract sum in accordance with the formula -- Amount payable per week of delay = contract sum (including prime cost items) /original contract period in weeks x 15%.
Fire Boar will at all times maintain current Public Liability, Professional Indemnity and Work Cover Insurances.
a. Fire Boar may perform any of its obligations through sub-contractors.
b. The Customer hereby charges with payment of any indebtedness to Fire Boar all beneficial interest (freehold and leasehold) in land and personal property held now or in the future by the Customer. The Customer agrees that if demand is made by Fire Boar the Customer receiving such a demand will immediately execute a mortgage or other instrument of security, or consent to a caveat, as required, and against the event that the Customer fails to do so within a reasonable time of being so requested, the Customer hereby irrevocably and by way of security, appoints any credit manager or solicitor engaged by Fire Boar to be its true and lawful attorney to execute and register such instruments. Notwithstanding any other provision in this clause and in addition thereto Fire Boar may lodge a caveat noting the interest given by this charge on the title of any property of the Customer whenever it so wishes.
c. This agreement shall be subject to the laws of the State in which the works or services are performed