TERMS & CONDITIONS

1         Terms of Payment 

Terms of Payment are strictly within FOURTEEN (14) Days of the date of our correctly rendered invoice, any expenses, costs and disbursements incurred by Sunshine Coast Fire Compliance (SCFC) in recovering any outstanding moneys including debt collection agency fees and solicitors costs shall be paid by the client.

2         Validity Period

Unless otherwise stated in the Proposal, this price shall remain Fixed, Firm and Valid for a period of THIRTY (30) days from date of submission, and hereafter it may be subject to confirmation or review. 

3         Services

SCFC shall on receipt of a purchase order, provide and perform the Services as described below:

a.       Chief Fire Warden Procedure Training

b.       Fire Warden Procedure Training

c.        Warden Skills Retention Training

d.       Fire Response Fire Training

e.       General Response and Emergency Evacuation Training

f.         Emergency Response Practice + Assessment and Staff Debrief

g.        Evacuation Coordinator Position

h.       Fire Safety Adviser – Annual Site Audit

i.         Creation of Emergency Evacuation Management Plan

j.         Creation of Fire and Evacuation Plan – small complex

k.        Fire Evacuation Plan review and update.

l.         Fire Safety Adviser Hourly Service

4         Professional standard of care

SCFC will ensure that the Services are performed in a diligent and professional manner and to the standard of skill and care expected of a professional experienced in the provision of the type of services required 

5         Defective performances

No responsibility is accepted for unsuccessful completion by your occupants or staff, trained in emergency procedures.  The attainment of a satisfactory standard of understanding will depend on the staff member’s ability, motivation, and effort.  No warranty is provided that a successful completion with be achieved.

To the full extent permitted by law, SCFC will not be liable for any special, indirect or consequential loss, damage or injury suffered or incurred by you in connection with the supply of or any failure to supply the Services or the Products.

You warrant that the Services are required for business purposes and not for personal, domestic, or household use or consumption.

6         Licence/Qualifications

SCFC ensures that it holds the requisite licence(s) and qualification(s) to legally perform the services.

SCFC has obtained and will continue to maintain all licences necessary for the lawful performance of the Services and agree to provide evidence of this to the Company upon request.

7         Knowledge of industry legislation

SCFC agrees that it will fully abide by any relevant and related legislation applicable to services provided in accordance with this agreement.

8         Engagement in other activities

SCFC is free to engage in other business activities at any time when the Services are not required to be performed under this Agreement.

9         Limiting Liability

Global indemnities are unacceptable in the absence of an overall limitation of liability (excluding insurance related claims).  Indemnities are not to include consequential losses or legal costs on any cost basis.

10      Hours of Work

Day Works Rates.

a.       If additional work is directed by the client, either verbally or in writing, that is outside the scope of works provided and not included in your quotation.

b.       Time is based on 5-day 7.6-hour ordinary working week between Monday to Friday unless otherwise specified in the Proposal or Scope of Works.  Outside these hours additional charges may apply. 

c.        You acknowledge that time is required in the office to create emergency procedures documentation, this service is provided on an hourly basis cost. SCFC will log into a job on your database and work exclusively on this job whilst it remains open should this option be available to you. 

Travel

Time on the road driving to the place of works is payable on an hour basis.

SCFC will log into a job on your database whilst travelling to and from your job.

11      Your Obligations

a.        In consideration of SCFC providing the Services and/or the Products, you will pay the Fee to SCFC at the times required under these terms and conditions.

b.       You will make available all relevant information regarding or relevant to the nature of the particular Services required to be provided and the location of the premises where those Services will be performed at least FIVE Business Days prior to the proposed date of commencement of provision of those Services.

c.        You will provide all assistance reasonably required by SCFC in a timely manner so that SCFC may perform the Services and supply the Products. Without limitation, you will use your best endeavours to ensure Wardens and/or your Staff are ready and available at the agreed times for the Services to be provided to them.

d.       Unless adequate notice is provided, should you cancel a scheduled service, a cancellation fee may apply.

e.       Should variations be required due to time, date, or location for services to be provided, you agree to pay reasonable expenses incurred by SCFC consequently, you acknowledge that a cancellation fee may apply.

12      Variations

a.     You acknowledge that in certain circumstances SCFC staff may not be available at the scheduled time and location at which the Services are to be performed due to sickness, accident or other misfortune or incapacity of that individual or interruption or failure of transportation to that scheduled location.

b.     You acknowledge, however, that it may not be possible for SCFC to source replacement Staff at short notice or on the scheduled day in question. In no event will SCFC be liable for any direct or indirect Claim suffered or incurred by you as a result of such circumstances including without limitation, failure to perform the Services, failure to perform the Services on the scheduled day or at the scheduled location or for any delay in performing the Services. 

13      Health, Safety and Environment (HSE)

All staff are required to work in accordance with our HSE policy.  We reserve the right to inspect a designated place of work and withdraw our staff if we judge that the working environment is unsafe or will impact on the environment. 

14      Power of Attorney

SCFC will not relinquish its power of attorney rights for any contractual reasons.

15      Relationships

The relationship of the parties is one of independent contractors. Nothing in the Agreement will be construed as rendering the relationship one of employer and employee, principal and agent, partnership, or joint venturers.

16      Retention of Title

All goods remain the property of SCFC until payment for such goods has been received in total.

17      Acceptance

Quotations must be accepted in writing by an authorised representative of your organisation.   Confirmation of acceptance can include email or letter.  Verbal confirmation will not be deemed as suitable notification of acceptance.

18      Additional Works

Any additional works to that specified in the agreed Scope of Works will be carried out on an "Hourly rate plus materials" basis or at an agreed price.

19      Force Majeure

We will not be liable for any delay or failure to perform our obligations under this offer caused by any Force Majeure event.

20      Confidentiality

The Client/Customer agrees to keep confidential and or not to use or disclose any of the information contained within this offer.

21      Precedence

Should there be inconsistency between the Quotation and these Terms &Conditions, then the Terms & Conditions will prevail to the extent of the inconsistency.

22      Applicable Law 

The validity, interpretation and performance of this agreement shall be governed by the law of the state of works.

23      Entire Agreement

The Quotation & the Terms & Conditions constitute the whole agreement between the party’s relation to the subject matter and supersedes all other agreements whether written or verbal.