SAFEST PTY LTD ACN 643 061 796 TERMS AND CONDITIONS
Customer Terms & Conditions

  1. APPOINTMENT

1.1 The Customer appoints Safest Pty Ltd ACN 643 061 796 trading as Safest to supply the Goods and Services to the Customer on the terms and conditions set out in these Terms.

1.2 The Customer acknowledges and agrees that Safest may engage the services of subcontractors or agents to supply the Goods and Services to the Customer.

1.3 The Customer takes responsibility for ensuring that the Services Agreement that accompanies these Terms is signed by the owner or authorised representatives of premises.

1.4 The Customer has accepted these Terms and entered into a binding agreement with us if:

(a) the Customer acknowledges verbally or in writing that they accept these Terms; or

(b) the Customer indicates by their conduct that they accept these Terms, including but not limited to accepting any Goods or Services from Safest after being provided with a copy of these Terms.

  1. SUPPLY OF GOODS AND SERVICES

2.1 In supplying the Goods and Services to the Customer, Safest will:

(a) use all due care, skill, competence and diligence with a level of knowledge and expertise expected of a contractor experienced in supply of the Services and Goods;

(b) undertake the Services and supply the Goods in accordance with these Terms and all applicable laws, guidelines and codes of conduct;

(c) ensure that any subcontractor or agent is appropriately trained and experienced to supply the Goods and appropriately trained and experienced to supply the Services;

(d) respond to reasonable directions that the Customer provides to Safest;

(e) use reasonable endeavours to provide the Goods and Services in accordance with the Customer Quote.

2.2 Safest warrants that the Goods are fit for the purpose described in all written materials provided to the Customer and does not provide any other warranty or representation in respect of the Goods, except those provided under clause 2.4 to 2.7.

2.3 Safest does not provide any advisory services in respect of the suitability of the Services to the Customer.

2.4 The Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, the

Customer is entitled:

(a) to cancel the Service contract with us; and

(b) to a refund for the unused portion, or to compensation for its reduced value.

2.5 The Customer is also entitled to choose a refund or replacement for major failures with Goods.

2.6 If a failure with the Goods or a Service does not amount to a major failure, the Customer is entitled to have the failure rectified in a reasonable time. If this is not done the Customer is entitled to a refund for the Goods and to cancel the contract for the Service and obtain a refund of any unused portion.

2.7 The Customer is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the Goods or Service.

2.8 Time will not be of the essence for the supply of Goods and Services. The Customer acknowledges that any time frames notified to the Customer are estimates only.

  1. RISK AND INSTALLATION OF GOODS

3.1 The Customer acknowledges and agrees that:

(a) the Customer is responsible for everything that happens to the Goods after they have been delivered and/or installed at the Premises.

(b) the Goods remain the property of Safest until such a time as the Customer has paid all amounts detailed in the Customer Quote and the Service Form.

  1. CUSTOMER INSTRUCTIONS

4.1 The Customer must provide Safest with clear, reasonable instructions and accurate, correct and complete information requested by Safest in a timely manner to enable Safest to supply the Goods and Services.

4.2       The Customer acknowledges that:

(a) Safest’s ability to deliver the Goods and Services may be impacted by the quality of the information that the Customer provides to Safes (including but not limited to any change in ownership of possession of premises); and

(b) the Customer’s availability to make the Premises accessible to Safest.

4.3 The Customer:

(a) grants permission to Safest, its employees, officers and agents to enter the Premises at a reasonable time by prior notice for the purposes of a pre-installation inspection and/or to carry out the Services or installation of Goods; and

(b) acknowledges that if it provides incorrect information pursuant to clause 4.2(a), that it may be charged a reasonable fee at Safest’s discretion to re-attempt provision of Goods or Services at the premises.

  1. FEES AND PAYMENT

5.1 Safest agrees to provide the Customer with a valid tax invoice for the Fees (Invoice) detailed in the Services Agreement.

5.2 In consideration of Safest’s supply of the Goods and Services, the Customer agrees to pay Safest:

(a)       the Fees within 30 days of receiving an Invoice;

(b)       by any method prescribed on the Invoice; and

(c)        any amounts payable under the Service Form within 30 days of signing the Service Form (Service Amounts).

5.3 The Fees specified in any Customer Quote are subject to change after the Initial Period.

5.4 The Customer acknowledges that for any Fees in excess of $2,000, a deposit of 50% is payable to Safest before any Goods or Services are provided, unless an alternative arrangement is agreed in writing by the parties.

5.5 Customer Quotes provided by Safest do not include any plastering or painting associated with the removal of appliances.  Safest will provide a separate Customer Quote or Additional Fee Notice for any painting or plastering.

5.6 Safest may determine that fees and charges in addition to the Fees or amounts payable under the Service Form apply to the supply of Goods and Services as a result of:

(a) the special nature of the Premises, including any floor coverings or wall materials that have additional requirements; or

(b) complexities or difficulties likely to be involved in the supply of the Goods or Services, including but not limited to the occurrence of any electrical or gas fault;

an hourly rate of $110+GST will apply (Additional Fees).

5.7 In the event that Additional Fees are identified as applicable to the Customer’s Quote, Safest will notify the Customer in writing (Additional Fee Notice) and the Customer may then elect to proceed with the Goods and Services identified in the Additional Fee Notice.

5.8 If a Customer is providing its own third party appliance or Equipment which is either not fit for purpose or not available on the day that Safest is providing Services at the Premises an additional $250 call out fee is payable by the Customer to Safest.

5.9 If the Customer does not respond to the Additional Fee Notice, it will be deemed to have elected to proceed with the Customer Quote and agrees to pay the Additional Fees to Safest in accordance with clause 5.2.

5.10 In the event that the Customer fails to pay to Safest the Fees or Service Amounts, or any other amount due in accordance with these Terms, the Customer acknowledges and agrees that Safest may seek to recover any amounts owed to it as well as any cost, loss or damage that it incurs as a result of pursuing the Customer for payment of the outstanding amount, including by retaking possession of the Goods and passing on any legal costs to the Customer.

5.11 Safest reserves the right to report the Customer’s overdue account to a credit reporting agency should payment remain outstanding for more than 60 days, and/or issue legal proceedings to recover any outstanding invoices.

5.12 The Customer will also be liable to pay interest (18% per annum calculated daily), and all legal recovery costs associated with such action on an indemnity basis.  To secure payment to Safest of all sums due under this agreement, the Customer hereby grants Safest a lien on a Customer’s claim and any cause of action or lawsuit filed thereon, and to any recovery the Customer may obtain, whether by settlement, judgement or otherwise.

  1. GOODS AND SERVICES TAX (GST)

6.1 Unless otherwise stated, all amounts payable under these Terms are expressed to be exclusive of, but subject to, GST.

6.2 Both parties acknowledge that if GST applies to a supply made under these Terms the party that receives the supply must pay any GST on that supply, in addition to any consideration that is payable for that supply. It must do so at the same time and in the same way as it is required to pay the consideration for the supply.

  1. CONFIDENTIAL INFORMATION

7.1 The Customer acknowledges and agrees that:

(a) any material sent to Safest by the Customer will be deemed not to be confidential (including any questions, comments, suggestions, ideas or any other information that the Customer may send to Safest); and

(b) the Customer will not disclose to any third party any Confidential Information without the prior written consent of Safest.

  1. FORCE MAJEURE

8.1 Safest will not be liable for any delay or failure to perform its obligations pursuant to these Terms if such delay is due to Force Majeure.

8.2 If Safest’s delay or failure to perform its obligations is caused or anticipated due to Force Majeure, the performance of its obligations will be suspended.

  1. INDEMNITIES

9.1 The Customer warrants that it has full necessary corporate and any other relevant authority to enter these Terms.

9.2 The Customer will at all times indemnify, and  agree to keep indemnified, Safest and its directors, officers, employees and agents from and against any Loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by the Customer or Safest arising from any Claim by any person against the Customer or Safest where such Loss arose out of, in connection with or in respect of the Customer’s conduct, or breach of these Terms, including any costs of enforcement.

9.3 The Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.  Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.

  1. LIMITATION OF LIABILITY

10.1 Except as expressly set out in these Terms and the Australian Consumer Law, Safest makes no warranties or other representations in relation to the supply of Goods and Services to the Customer. Safest’s liability in respect of these warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.

10.2 The Customer acknowledges and agrees that:

(a) to the maximum extent permitted by law, Safest will not be liable to the Customer or any other person under any circumstances for any Loss suffered or incurred by the Customer or for any injury or death to any person, or for any indirect, incidental or consequential damages sustained or incurred by the Customer, whether such liability arises directly or indirectly as a result of:

(i) any negligent act or omission or wilful misconduct by Safest, its employees or agents;

(ii) the supply, performance or use of any Goods; or

(iii) any breach by Safest of its obligations under these Terms;

(b) no other term, condition, agreement, warranty, representation or understanding (whether express or implied) other than as contained in these Terms, is made or given by or on behalf of Safest; and

(c) the Customer is solely responsible for making an assessment that any Goods are reasonably fit for the Customer’s intended purpose and required use, and such purpose or required use is in accordance with all applicable laws.

  1. GENERAL

11.1 These Terms are governed by the laws of Victoria, Australia.

11.2 These Terms along with all conditions and details on the Services Agreement are the entire agreement between the parties.

11.3 The Customer must seek agreement from Safest in writing prior to transferring or assigning any rights under these Terms.

11.4 If any of the terms of these Terms are invalid or unenforceable, the remainder of the Terms continue to be valid.

11.5 These Terms may be varied at any time by Safest. The Customer shall be notified of any changes to the Terms following which date, continuing to request or accept Goods or Services from Safest, acting in accordance with the new Terms or confirmation in writing or verbally shall be taken as acceptance of the new Terms by the Customer.

  1. DEFINITIONS AND INTERPRETATION

12.1 Definitions

In these terms:

Additional Fees means additional fees described in clause 5.5.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of State fair trading legislation.

Cancellation means if an agency or owner cancels the service between an Odd Year and an Even Year and the Split Payment plan was enacted, a cancelation of the subscription will apply being the outstanding balance of the full price.

Call Out Fee means a fee charged for attending the property or the job site.

Claim means a claim, action, proceeding or demand made against a party, whether present or future, fixed or unascertained, actual or contingent.

Confidential Information means any information of any form relating to or disclosed by Safest to the Customer in the course of these terms which is in fact, is reasonably regarded as, or is marked as, confidential or proprietary to the disclosing party.  “Confidential Information” includes without limitation data, drawings, designs, know-how, technology, accounting and financial information, software, software code and pricing methodology of Safest.  “Confidential Information” excludes information that is in the public domain (unless it entered the public domain through breach of confidentiality), is already known by the Customer at the date of these terms, is developed independently by the Customer or is obtained lawfully from a third party without any breach of confidentiality.

Corded Blind Check means a check to ensure blind cords are secured to the wall and/or window frame.

Customer means the customer described in the customer quote and/or Services Agreement described in the Customer Quote.

De-Commission means where an appliance has been deemed unsafe and technicians will render the appliance inoperable.

Electrical Safety Check means the visual and limited test of all GPOs and electrical appliances (does not include renters/occupants appliances) carried out every 2 years.

Even Year means the second year of the subscription when smoke alarms are checked (smoke alarm).

Fees means any and all amounts stated in the Customer Quote, together with any applicable Additional Fees.

Force Majeure means a circumstance beyond the reasonable control of a party, which results in that party being unable to observe or perform on time an obligation under this Agreement. Such circumstances shall include but not be limited to:

(a) lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damages, sabotage and revolution; or

(c) power, water or other utility shortage;

but shall not include strikes or industrial action.

Gas Safety Check means the servicing & full safety check of all gas appliances, carried out every 2 years.

Goods means any equipment supplied or installed at the Customer’s Premises by us.

Initial Period means the period beginning on the day the Customer is provided with a Customer Quote and ending 30 days after this day.

Service Date means the date that Safest provides the Services at the Premises.

Loss means any loss, liability, damage, cost, charge, expense, suffered or incurred, including without limitation interest and legal expenses (calculated on a full indemnity basis).

Lump Sum Payment means the full cost of services rendered.

Make Safe Attendance means attendance at the job site and/or property and make the property safe from damages for the occupants (reattendance will be required by qualified trades to rectify damages).

Methamphetamine Test means a detailed swab test taken in 5 different parts of the property.

Minimum Rental Standards (MRS) a check to ensure the property meets MRS according to RTA every three years.

Odd Year means the first year of the subscription when all 3 checks are performed, (smoke alarm, gas & electrical).

Pool Safety Check means a safety check of the pool and fence to check that the pool and fence are within VBA regulations.

Premises means any premises at Services are provided by Safest or at which Equipment is either supplied or installed by us.

Services means the provision of safety and compliance services or any rectifications or maintenance at the Customer’s Premises

Service Form means the Service Form filled out and completed by the Customer which may be found here.

Smoke Alarm Service means a check all smoke alarms including hard-wired, any smoke alarms that are integrated with a security system further costs apply, carried out every year.

Split Payment means the full cost of services rendered split over a two year period (odd & even years).

Terms means these terms and conditions, including any terms set out on an attached quote, invoice or receipt.

Warranty Period means the period of time Safest will return to the property to fix a faulty item or installation, and that period is:

  • 2-Year Warranty of all goods supplied and installed by Safest
  • 7-day warranty after a safety check (in the event Safest returns to site and fault is not ours, charges will apply to agency/owner of the property)