Trading Terms & Conditions
These are the VaxWorks Health Services Pty Ltd (“Service Provider”, “we” or “our”) standard Terms and Conditions which will apply to every contract when you as the Customer engage the Service Provider to perform its services. When providing our services, we may also need to supply product/s.
The Service Provider reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes made in such revision take immediate effect once the Customer is notified of such a change.
- The Service Provider represents and warrants that the Service Provider has all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.
- The Service Provider holds all necessary licences and permits required in order to allow the Service Provider to perform the services. Where there are any applicable industry/professional standards and codes, they will at all times be complied with by the Service Provider. The Service Provider and all the Service Provider’s employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.
- If an event occurs that is beyond the reasonable control of the Service Provider which prevents the Service Provider from performing the service on or by the date agreed, the Service Provider will immediately notify the Customer and give an estimate of the time for completion of the service.
- The Service Provider will, unless otherwise agreed in writing, provide all equipment as may be necessary to properly and efficiently perform the service. All Service Provider equipment will be safe for use, be properly maintained and capable of being used to carry out the service.
- If the Customer requires a variation to the service, the Service Provider will provide a quotation for performing the service as varied which additional sum will be added to the price if accepted by the Customer. If the Customer does not accept the quotation, the Service Provider is not obliged to carry out the variation.
- The Service Provider may use sub-contractors to provide any of the service. In such circumstances, the Service Provider will ensure that:
- the sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a professional manner;
- the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by the Service Provider be a breach any of these terms;
- the sub-contractors so engaged have current or necessary insurances.
- The Service Provider is solely responsible for all fees payable to sub-contractors.
Acceptance of These Terms
- Any act by the Customer or those legally acting on behalf of the customer which requests the Service Provider to begin performing any services or providing any materials will be deemed as acceptance to these Terms and Conditions.
- Once these Terms and Conditions are accepted they are irrevocable and cannot be amended without the written consent of the Service Provider.
- In the event there is more than one party as a Customer to these Terms and Conditions, all Customers will be jointly liable for these Terms and Conditions.
- Should the Customer cancel the engagement of the Service Provider after it has been accepted, the Customer agrees they may be held liable for any costs incurred by the Service Provider in relation to the provision of the services and/or provision of products up to the point of cancellation.
Quotes, Invoices and Payment
- A quote provided by the Service Provider will remain valid for thirty day days. On expiry of that period, if the Customer wishes to proceed a new quote will need to be provided prior to the Service Provider undertaking the service.
- The Customer will pay the Service Provider’s fee within 28 days of completion of the services. The price includes GST and is the full amount which the Customer will pay for the service.
- The Service Provider will issue a tax invoice for the service setting out the service performed. The tax invoice will also separately identify all expenses and any GST payable. This tax invoice will include the final price for the services performed and any goods provided, this price may vary from the quoted price at the discretion of the Service Provider
- Payment of the Service Provider’s tax invoice should be made in the following manner: Credit card, cheque, electronic transfer to the Service Provider’s bank account or Cash.
- Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees that the Service Provider will add interest to the total outstanding amount at the rate of 1% interest per calendar month and that the Customer will be liable to pay an accrued interest in addition to the outstanding amount.
- In the event the Customer defaults in payment of an invoice, the customer shall indemnify the Service Provider from any costs incurred by the Service Provider in recovering the outstanding amount, including but not limited to solicitors fees.
- The Customer is not entitled to deduct any invoiced amount from any amounts owing to the Customer by the Service Provider.
- The Service Provider will provide an automatic refund where we are required by law to do so.
- In other circumstances, refunds will only be provided where a Customer:
- pays duplicate fees for the one service
- makes an overpayment or
- pays for a service erroneously
- The Service Provider may, in its discretion, refund a fee for reasons other than those described above.
- Refunds must be applied for in writing within 30 days from the date of the alleged over or incorrect payment along with proof of the overpayment.
- The Service Provider will consider the refund request and determine whether a refund will be given based on the eligibility requirements.
- Where a refund will be given by the Service Provider, the refund will be made to the Customer’s account in accordance with the Customer’s financial institution’s policies.
Occupational Health & Safety/Workplace Health & Safety
- The Customer will ensure that, if the service is to be performed on the Customer’s property, the Customer is authorised to occupy those premises and obtain the service.
- The Customer will ensure that if the service is to be performed on the Customer’s property, that at all times the property is safe and that all facilities provided by the Customer for the purposes of enabling the service to be performed are also safe.
- The Customer will ensure that the Service Provider will have unencumbered and unobstructed access to the area/s of the premises requiring the service.
- The Service Provider will ensure that at all times in performing the service it uses safe and proper procedures and practices and that all its employees are properly trained and supervised and observe all proper safety practices. Where protective equipment, materials or clothing are required these will be provided by the Service Provider and the Service Provider will ensure that these are used at all relevant times.
- The Service Provider will at all times have current Public Liability, Professional Indemnity and Workers Compensation insurances and will, on request with prior notice, provide evidence to the Customer of its currency.
Limitation On Warranty
- The Service Provider warrants that all the service it performs including any product it supplies as part of the service will be fit for its intended purpose and will perform in accordance within its applicable specifications (if any).
- All statutory warranties that can be lawfully excluded are hereby expressly excluded.
- To the extent permitted by law, the Service Provider is not liable for negligence or otherwise to any person including the Customer for any loss or damage including consequential loss suffered or incurred in relation to the Service Provider’s service or products supplied.
- It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of Queensland and each Party covenants that it submits to the jurisdiction of the Courts of Queensland for the resolution of any dispute under the Agreement.
- Neither the Service Provider nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.
Dated 28th of July 2017