Coffs Eco Blast PTY LTD – General Terms Of Business
- Coffs Ecoblast Pty Ltd (“We” and “us”) will carry out a mobile, dustless and chemical free abrasive blasting service to the Customer (“You” and “your”) subject to the conditions of this Agreement.
- We will issue to you in writing a summary of the services to be provided before commencing the work.
- We will issue to you a written quotation setting out the amount, method and timing of payments before commencing the work.
- Site Access
You will give access to us at any reasonable time and as reasonably required for the purpose of us carrying out the required services including but not limited to ensuring:
- any access gates to the site are unlocked;
- any dogs in the vicinity of the site are restrained;
- any security systems to the site are deactivated.
- Make Good and Damages
In the event that any damage is caused to your property as a result of the services provided by us then:
- You must notify us in writing of the purported damages within 7 days of us carrying out the services;
- We must within a reasonable time following the notification by you under clause 1 make good any damage;
- If we are required to carry out repairs to your property in excess of fixing the specific damages caused by us or fair wear and tear, then you must reimburse us for the additional costs incurred by us in improving your property;
- If we notify you in writing that we consider the damage is such as to make its repair impracticable or undesirable, either party can terminate this agreement.
- Dispute Resolution
In the event that a dispute ensues between the parties, the parties agree to adopt the following procedure before commencing any legal action against the other:
- The aggrieved party to give the other party written notice setting out the nature of the dispute.
- The parties are to hold discussions and negotiations (directly or through a representative) in an attempt to resolve the dispute within five days of receiving written notice.
- If agreement cannot be reached after discussions are held referred to in clause 2 then the dispute is to be referred to an independent party for mediation, arbitration or expert determination.
- Obligations and Warranties
- We represent and warrant:
- we have the necessary skills to carry out the services;
- our employees possess the necessary experience, skill, knowledge and competence to perform the services;
- we are aware of our obligations under the Workplace Health and Safety Act;
- we have the authority to perform our obligations under this agreement;
- we are responsible for obtaining and providing all equipment and personnel required for the proper performance of the services;
- we will attend to the provision of all services in accordance with good operating practices and where applicable, ensure that your property is left in a safe, clean and tidy condition;
- we will enter your property at our own risk.
- You represent and warrant:
- you will provide us with all information and instruction as required to enable us to perform the services and within the timeframe under this Agreement;
- you will do all things necessary to provide safe access for us to the site area;
- you will promptly pay us after completion of the services and after you receive a tax invoice from us with such payment to be made in accordance with the terms of the invoice.
- Acceptance of Offer
You may accept the Agreement by:
- signing and returning this document to us; or
- continuing to instruct us.
We shall maintain a Public Liability insurance policy in an amount of not less than $20,000,000.00 for any one claim and workers’ compensation insurance with respect to carrying out its obligations hereunder and if requested by you produce evidence of insurance from time to time.
Either party may terminate our services at any time.
Where applicable, GST is payable on our fees and expenses and will be clearly indicated on the tax invoice. By accepting these terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
- Governing Law
This agreement is governed by the law of New South Wales.
- You acknowledge that we shall not be obliged to accept any or all requests by you to provide the Services on your behalf.
- The parties acknowledge that they have in entering into this Agreement not relied upon any statement, representation, warranty or condition given by the other party or anyone on the other party’s behalf in respect of the subject matter of this Agreement or the Business other those that are expressly herein contained.
- You acknowledge that our services may be reasonably delayed during periods of inclement weather and you notwithstanding anything else contained herein are not permitted to terminate the Agreement due to such delay.
Nothing herein shall be construed so as to constitute the relationship of partnership, joint venture, agency or employer and employee between the parties hereto and it is the express intention of the parties that any such relationships are denied.
- If any clause or part of this Agreement shall be held or deemed invalid or unenforceable for any reason whatsoever then that clause or part of it shall be deemed to be deleted from this Agreement and the Agreement shall otherwise remain in full force and effect.
- The parties agree that all documentation and information pertaining to this Agreement is confidential. Each party shall not disclose any confidential information to any external party unless authorised in writing by the other party, or is disclosed to a party’s advisers.
- No provision of this Agreement shall be deemed to be waived by a party unless the waiver is in writing and signed by the person alleged to have granted the waiver.
This Agreement may not be modified amended, added to or otherwise varied except by a document in writing executed by each of the parties.
You acknowledge that:
- you may discover trade secrets or other information or material of a confidential nature owned by us,
- you will keep the same in confidence and that you will not use the same for any purpose other than the purposes set out in this Agreement.
- Intellectual Property
You acknowledge that we own the intellectual property including without limitation the Confidential Information.