Terms and conditions on which C-PRAV Certification Services Pty Ltd. provides services to consumers
C-PRAV Certification Services Pty Ltd. provides services on the following terms and conditions.
We, us or our is a reference to C-PRAV Certification Services Pty Ltd.;
You or your is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
Materials means any testing services, materials, goods, parts or items we need to buy in order to perform the Services;
Parties is a reference to both us and you;
Premises means the place where we will provide the Services; and
Services means Product Compliance, Regulatory, Certifications and Approvals. The precise Services we will be providing to you will be stated in the quotation and as we agree from time to time.
a) A contract between you and us will come into being in one of two ways:
b) We suggest that before you sign the quotation or orally agree to us providing Services that you read through these terms and conditions. If you have any questions concerning them please ask us.
c) You should keep a copy of these terms and conditions for your records.
a) Once we and you have entered into a legally binding contract we will normally start providing the Services to you straight away or on a date agreed between us without further discussion with you. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.
b) Our aim is to always provide you with the Services:
a) Unless you and we agree otherwise, we will provide the Services on normal working days and start work no earlier than on receiving the advance payment and finish work no later than . A normal working day for us means Mondays to Fridays, excluding any bank or other national holidays.
b) The performance of some of the Services may take place away from the Premises.
At the time we perform the Services we may not have all the Materials we need to perform the Services. This may be for a number of reasons such as:
In such cases we may need to purchase Materials. If the Materials are available from a local supplier then we normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. We normally charge for the travel time at our normal charging rate. If the Materials are not available from a local supplier we normally order the Materials and return on another occasion to continue to perform the Services. We will not charge you for any time spent in obtaining Materials if we have brought or ordered the wrong Materials. In such circumstances we will normally charge for the time spent in making telephone calls to suppliers or our office to locate the required Materials.
6.1. Our responsibility to perform the Services by particular dates
We aim to carry out the Services by the dates and times we either agree with you or notify to you. But we cannot guarantee or provide a firm commitment that:
6.2. What can happen if we cannot start performing the Services or complete performing the Services
a) If we do not start or complete performing the Services within a reasonable period from the date(s) we have agreed or notified then you may either:
b) Where we have started performing the Services and you decide you wish to terminate the contract you will only have to pay for any Services we have performed up to the date of termination and for any Materials which we have legal obligation to pay for. If you have made payment(s) to us in excess of the amount of Services we have performed or Materials we have purchased, we will return the difference to you within days of the termination.
c) What is a reasonable period of time depends on the type of Services we will be performing and the length of time they will take to perform. For example, if you and we believe that the Services will take only a few hours to perform, then if we fail to start performing the Services within eg half a day then you may have the right to terminate the contract. But if the Services are due to take several weeks to perform, then if we fail to start to perform the Services after a couple of weeks when we are due to or we do not perform the Services during a couple of weeks when we were due to, then in such circumstances you may be entitled to terminate the contract.
6.3. Situations or events outside our reasonable control
a) In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs we will normally attempt to recommence performing the Services as soon as the situation which has stopped us performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue performing the Services.
b) The following are examples of events or situations which are not within our reasonable control:
c) The following are examples of events or situations which are not within our reasonable control:
7.1. Our charges based on time spent
We normally charge for our Services on a time basis. We charge for each we spend in providing our Services. Our rates, excluding GST, for performing the Services are set out .
The following is an example of how our charging structure works: If we complete performing the Services within 50 minutes where the charging period is 30 minutes we will charge for 2 x 30 minute periods. If we go over into another 30-minute period by a few minutes, at our discretion, we may charge up to the last period completed.
7.2 Our charges based on an estimate
a) If we provide an estimate then we will charge you the amount stated in the estimate rather then a charge based on the time taken in performing the Services. Note: we only provide estimates and not quotations or binding indications of how much we will charge. Estimates are normally valid for a period of 2 weeks from date of issuing the quote from the date they are given.
b) As we provide an estimate we may need to charge you a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:
c) Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph (b)) then following will happen:
7.3. When payment is required
Payment for our Services and the Materials is normally made in two ways, either:
Which option we will use will be indicated on the quotation.
All amounts stated (whether orally or in writing) are exclusive of GST.
7.5. If you do not pay when required to
If you fail to make payment by the date or time we and you agree, we may:
7.6. Where you seek to not pay amounts due to us
You will not refuse to pay any amount owing to us where there is only a minor or inconsequential defect or error in the performance of the Services. You will be entitled only to refuse to pay no more than a proportionate amount of any amount due.
a) We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
b) We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
a) Once we and you enter into a binding contract you will normally not be able to terminate the contract, except where we agree or as otherwise provided for in this contract.
b) If we agree to terminate the contract then you will be responsible for the cost of:
c) In the circumstances stated in paragraph (b) we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit we will return invoice you for the amount in excess of the deposit.
d) If you:
we do not have to accept your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, we may choose to accept termination of the contract, and if we choose to do so you will be required to pay to us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs (including loss of profit) are greater than the deposit we have retained we will require you to pay for our losses and costs in excess of the deposit retained.
We will have the right to amend the terms and conditions of this contract where:
Where we are making any amendment we will give you 30 days’ prior notice (unless the contract is terminated before that period).
If you wish to send us any notice or letter then it needs to be sent to A11/2 Westall Road, Clayton, Victoria, 3168. If we wish to send you a letter or notice we will use the address you have provided.
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in , Australia. The Parties submit to the non-exclusive jurisdiction of the courts of .
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