Terms and Conditions for Pump Tech Services Pty Ltd

Effective Date: 1st January 2024
Company ABN: 95 622 430 906
Company Name: Pump Tech Services Pty Ltd
Website: www.pumptechservices.net.au

1. Definitions

  • “Company” refers to Pump Tech Services Pty Ltd.
  • “Client” refers to the individual or entity that engages the services of the Company.
  • “Services” refers to the pump installation, repair, maintenance, and associated services provided by the Company.

2. Acceptance of Terms

By engaging the services of the Company, the Client agrees to be bound by these Terms and Conditions. Any variation of these terms must be agreed upon in writing by both parties.

3. Quotations and Pricing

  • All quotations provided by the Company are valid for 30 days unless otherwise specified.
  • Any additional work outside the original scope of the quotation will be subject to additional charges.
  • Prices are subject to change due to unforeseen circumstances (e.g., equipment prices, materials) or specific client requests for changes to the scope of work.

4. Payment Terms

  • The Client agrees to pay all invoices within 14 days of the invoice date unless otherwise agreed in writing.
  • A deposit of 50% is required before the commencement of services, with the balance due upon completion of the work unless alternative arrangements have been made.

5. Scope of Services

  • The Company will provide pump installation, repair, maintenance, and emergency services to the best of its abilities, using qualified technicians and complying with all relevant regulations and standards.
  • The Company will use reasonable efforts to complete all work in the time frame agreed upon with the Client, subject to unforeseen delays (e.g., weather conditions, availability of parts, or access to the site).

6. Client Responsibilities

  • The Client must provide accurate information regarding the scope of the required services and allow the Company sufficient access to the site and equipment to perform the services.
  • The Client is responsible for ensuring that all necessary approvals, consents, and permits are obtained before the commencement of any work.
  • The Client must notify the Company of any potential hazards or special requirements related to the site.

7. Warranty and Liability

  • The Company warrants that the services provided will be performed in a professional and workmanlike manner.
  • The Company offers a warranty on labour and parts for 30 days following the completion of the work. This does not apply to defects caused by misuse, negligence, or external factors outside the Company’s control.
  • The Company is not liable for any indirect, incidental, or consequential damages, including but not limited to, loss of profit, loss of business, or damage caused by faulty equipment not supplied by the Company.

8. Rescheduling

  • The Client may reschedule the services with at least 48 hours notice before the scheduled commencement date. Where a job is rescheduled with less than 48 hours notice, Pump Tech Services may charge client a reschedule fee to cover losses, this may be charged 195+GST.

9. Force Majeure

The Company is not liable for failure to perform any obligation under these Terms and Conditions due to events beyond its reasonable control, including but not limited to acts of God, fire, flood, pandemic, strikes, or other industrial action.

10. Dispute Resolution

  • In the event of any dispute, both parties agree to first attempt to resolve the matter in good faith through negotiation.
  • If the matter cannot be resolved, both parties agree to submit the dispute to mediation before initiating any legal proceedings.

11. Compliance with Laws

The Company complies with all relevant Australian Consumer Laws, including those set by NSW Fair Trading. The Client has rights under these laws, which cannot be excluded, and these Terms and Conditions do not affect those rights.

12. Termination

The Company reserves the right to terminate the provision of services to the Client if the Client breaches these Terms and Conditions or fails to make payments as agreed.

13. Privacy Policy

The Company collects and stores personal information necessary for the performance of its services and compliance with legal obligations. The Company will not disclose this information to third parties without the Client’s consent unless required by law.

14. Amendments

The Company reserves the right to amend these Terms and Conditions at any time, with notice provided to the Client before any changes take effect.

15. Governing Law

These Terms and Conditions are governed by the laws of New South Wales, Australia. Any disputes arising from this agreement will be subject to the jurisdiction of the courts in NSW.

16. Quote Acceptance

  • The Client may accept the Company’s quote by:
    • Clicking the acceptance button provided in the digital quote,
    • Replying via email or SMS, or
    • Submitting a Work Order (WO) to confirm the approval of the quotation.
  • By accepting the quote, the Client agrees that the title of any goods supplied will remain with Pump Tech Services Pty Ltd until the account is paid in full. If the Client fails to settle the account in accordance with these terms, the Client authorises Pump Tech Services Pty Ltd or its agent to enter the site and remove the supplied goods.

17. Goods Return and Claims

  • Goods returned may be subject to a restocking fee of 30% of the invoice value or $50, whichever is greater.
  • Any claims regarding the goods supplied must be made within 7 days of delivery.

18. Site Access and Service Fees

  • If the Client has confirmed a job and the Company’s technicians arrive on-site, but access is not available, a service fee of $285+GST (based on 2 technicians attending) will be charged in addition to the quoted price.

19. Debt Recovery

  • In the event of client hardship, the Company will first attempt to work with the Client to establish a payment arrangement. If the terms of the payment arrangement are not adhered to, Pump Tech Services Pty Ltd reserves the right to transfer the outstanding invoice to a debt collection agency (e-collect).
  • The Client agrees that additional fees for the cost of recovery will be added to the invoice, based on e-collect’s percentage fee at the time of non-adherence to the payment arrangement.