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Terms and Conditions

Quotation, payment and service conditions for Health Trade Services.

These website terms reproduce the trading conditions previously published by Health Trade Services. The specific terms attached to an issued quotation or contract prevail if there is any inconsistency.

1. Quotation Acceptance

The quotation (Quotation) is based on a physical inspection by Health Trade Services or its nominated subcontractor of the site where work is to be carried out, or upon details provided by the customer (Customer).

The Quotation is based on work being carried out Monday to Friday from 7:30am to 4:00pm. Work outside this period will incur additional fees and charges payable by the Customer.

The Quotation does not include charges or fees payable to supply authorities or any other authority.

The Customer must accept or reject the Quotation within thirty (30) days of receipt. If it is not accepted within that period, the Quotation will no longer be valid. Health Trade Services may extend this period by written notification.

The Customer may accept the Quotation by sending a letter acknowledging and agreeing to its terms, or by signing and returning a copy of the Quotation to Health Trade Services (the Contract).

2. Payment

The Customer shall pay Health Trade Services in full within 30 calendar days from the date of invoice.

Health Trade Services may issue invoices upon completion of each stage of the work. The Building and Construction Industry Security of Payment Act 1999 (NSW) applies to progress payments.

If the Customer does not pay within that period, interest is payable on the outstanding amount from its due date until payment at 1.5% per calendar month, compounded monthly.

Health Trade Services is entitled to recover its legal and debt-collection costs if the Customer does not pay on time or otherwise fulfil its obligations under the Contract.

Unless otherwise stated, amounts mentioned in the Quotation are exclusive of applicable taxes and charges.

3. Guarantee

In consideration for Health Trade Services performing work for the Customer, each director signing the Quotation on behalf of the Customer jointly and severally and unconditionally guarantees payment of all amounts due under the Contract. Health Trade Services may recover those amounts from a guarantor as a liquidated debt.

4. Duties, Warranties and Defects

Health Trade Services will carry out work in a good and workmanlike manner, supply material of the kind described in the Quotation, and comply with relevant Australian standards and statutory requirements related to the work.

Where the Customer is not a consumer under the Competition and Consumer Act 2010 (Cth), liability for defects or damage is limited to any express warranty, any manufacturer warranty available to Health Trade Services, or the value of the work carried out, as applicable.

Health Trade Services is not liable for loss or damage to personal property belonging to the Customer or a third party that remains on site during the work.

5. Variations

Any variation to the Contract must be made in writing and approved in writing by Health Trade Services.

A variation will not decrease the price in the Quotation, but may increase it.

6. Risk and Ownership

Risk of loss, damage or destruction to materials, equipment and other goods passes to the Customer on installation.

Health Trade Services remains the owner of installed materials, equipment and other goods until the Customer has paid all amounts owed and fulfilled all other obligations.

7. Security Interest

The Customer grants Health Trade Services a security interest in the Customer's current and future personal property and land.

The Contract is a security agreement for the purposes of the Personal Property Securities Act 2009 (PPSA), and the Customer must sign further documents and take further steps reasonably required to register and maintain that security interest.

Until ownership passes, the Customer must not require or permit a financing change statement that adversely affects Health Trade Services' interest.

The Customer irrevocably permits Health Trade Services to enter the Customer's property, without notice and without liability, where Health Trade Services has cause to exercise rights under sections 123 or 128 of the PPSA, and indemnifies Health Trade Services against resulting third-party claims.

8. Cancellation

If the Customer fails to fulfil payment or other obligations, Health Trade Services may cancel the Contract by written notice. It need not refund money paid for work not yet performed and is not liable for loss arising from cancellation.

If the Customer cancels the Contract, the Customer is liable for the balance of the Contract price and any other direct or indirect loss, including loss of profit.

9. Completion

On completion, Health Trade Services will remove goods, plant, equipment, rubbish and surplus material relating to the work. Those items remain the property of Health Trade Services unless otherwise agreed.

10. Miscellaneous

Health Trade Services may license or subcontract any part of its rights and obligations without the Customer's consent.

By engaging Health Trade Services, accepting a Quotation or entering a Contract, the Customer acknowledges that Health Trade Services collects personal information in accordance with its Privacy Policy. A copy is available on request.

These terms and the Contract are governed by the laws of New South Wales, Australia, and are subject to the jurisdiction of its courts.

For a copy of the applicable terms or privacy policy, contact [email protected].