Terms and Conditions
1. For the purposes of these terms and conditions
1.1.‘AT&T’ refers to Asset Test and Tag.
1.2. ‘you’ refers to the customer.
1.3. ‘GST’ refers to the Goods and Services Tax as defined by the Australian Tax Office (ATO).
1.4. ‘Defective Works’ refers to any new equipment supplied in a damaged condition by AT&T.
1.5. ‘Works’ refers to the equipment and/or services to be undertaken by AT&T or as may be agreed between the parties from time to time.
2.1. These Terms apply to all transactions of any nature with AT&T.
2.2. You must know, understand and comply with these General Terms and Conditions, as they are a binding agreement between you and AT&T.
3. Acceptance of Terms and Conditions
3.1. These Terms and Conditions apply to all quotations and tenders submitted by, all orders placed with, and all Works you require AT&T to undertake for you and which AT & T undertake for you.
3.2. You are considered to have entered into a contract with AT&T upon verbal or written advice you give to any representative of AT&T and/or by commencement of works by AT&T.
4. Trading Terms
4.1. AT&T requires payment within 14 days of the invoice date (unless otherwise agreed to by you and AT&T in writing prior to the service being provided).
4.2. Invoices not paid within these trading terms shall be considered overdue.
4.3. AT&T reserves the right to request that a credit application be completed by you before they commence the Works.
4.4. AT&T has the right to deny credit at any time in its sole discretion.
4.5. AT&T may, in its absolute discretion, seek and recover from you interest on all overdue invoices at the rate of 1.5% per month from the date of the unpaid invoice.
4.6. AT&T may, in its absolute discretion, seek and recover from you any costs and expenses incurred in collection or attempting to collect any outstanding amounts by you when due, including debt collector’s expenses and solicitors fees on a solicitor/client basis.
5. Access to appliances under test
5.1. Easy access is required to appliances which are to be inspected and/or tested.
5.2. Appliances should be out of cupboards, boxes etc. and placed on the table or other suitable surface where testing and inspection can be carried out.
5.3. Access to your premises for the purpose of conducting the inspection and testing is also required.
6. Types of Appliances
6.1. “Standard Appliances” means all single-phase 10 ampere and 15 ampere portable electrical appliances which are approved for use in Australia, and connected to the power supply by means of an Australian 2-pin or 3-pin plug, except for devices which incorporate an RCD (Residual Current Device), also known as a ‘Safety Switch’).
6.2. “Non-standard appliances” include:
(a) Devices with an RCD;
(b) Multi-phase appliances;
(c) Hard to access appliances i.e. When something needs to be dismantled to access the appliance/s; and
(d) Appliances contained in a server rack.
7. Detection of Hazards
7.1. When AT&T detects hazards at your premises, you hereby authorise AT&T to take such action that is considered to be necessary by AT&T to rectify or isolate the hazard, including:
(a) Removing equipment from service until such time it is repaired or disposed of;
(b) Placing a “DANGER: Equipment Out of Order Do Not Use” notice on the equipment;
(c) Removing the plug or cable from a faulty appliance; and
(d) Providing a failed equipment list to you and a waiver for you to sign.
8.1. The quote is based on the best known equipment numbers as provided by you. AT&T will invoice based on the actual number and type of tests performed as detailed in the AT&T invoice.
8.2. Should parking not be provided on the day the test is performed, parking costs may be included on your invoice for payment by you.
8.3. AT&T pricing as quoted excludes GST which shall be charged at the applicable rate.
8.4. Works in remote areas will attract a surcharge which will be included in the quote.
8.5. Customers cannot deduct any charges from the quoted amount because of incomplete works etc.
9. Overdue Invoices
9.1. AT&T reserves the right to forward all overdue accounts to a solicitor or debt collection agency.
9.2. All costs associated with the recovery of overdue accounts (including forecast commissions) and interest on overdue accounts will be your responsibility for payment in keeping with clauses 4.6 and 4.5 of these Terms and Conditions.
10. Invoice Queries
10.1. If you have a query about an invoice issued by AT&T, this must be raised within 7 days of receipt of invoice by email to: email@example.com or in writing to: Asset Test and Tag, PO Box 631, Plympton SA 5038
10.2. Your query should be addressed by AT&T within 2-5 business days of receipt of the same.
11. Remedial Action
11.1. Should a situation arise where work performed by AT&T is required to be remedied under warranty, AT&T will not be responsible for the costs incurred by any third party contractor to complete the works when AT&T have not been notified in writing by you of the warranty claim and given the first opportunity to arrange remedial work in a period of 14 days from receipt of such written notice.
12. Defects, Errors and Omissions
12.1. You shall inspect the Works on completion and within 5 days notify AT&T of any alleged defect, error or omission, damage or failure to comply with the description or quote.
12.2. You shall give AT&T access to your premises and an opportunity to inspect the works within a reasonable time following such notification if you believe the works are defective in any way.
12.3. If you shall fail to comply with these provisions the Works shall be presumed to be free from any defect or damage.
12.4. For Defective Works, which AT&T have agreed to in writing that you are entitled to reject, AT&T’s liability is limited to either (at AT &T’s discretion):
(a) Replacing the equipment the subject of Defective Works; OR
(b) Rectifying the Defective Works
Except where you have acquired the new equipment as a consumer within the meaning of the Competition and Consumer Act 2010 (Cth) and are therefore entitled to, at your discretion either a refund of the purchase price for the equipment the subject of the Defective Works or replacement of the equipment the subject of the Defective Works.
13.1. Except in the case of gross negligence or wilful misconduct by AT&T, AT&T shall not be liable to any person for any direct or consequential damage, loss, expense or claims for consequential compensation whatsoever which arise out of, or in connection with, the Works.
13.2. To the fullest extent permitted by law, you release AT&T and associated entities from and indemnify AT &T against all liability whatsoever for any injury, loss or damage, however arising.
14. Force Majeure
14.1. AT&T shall not be responsible to you if it is unable to undertake the Work, within the agreed timeframe, or if AT&T are prevented from performing the Works or their obligations under these Terms and Conditions due to circumstances beyond their reasonable control.
14.2. If any such failure or delay continues for a period of 14 days then AT&T may terminate the Works.
15. Computers and Scheduled Maintenance
15.1. All computers and servers must be powered down by you before the time when the Works are to occur.
15.2. Any scheduled maintenance of electronic equipment (e.g. Computers) by AT & T is not to be scheduled by you during a time when the Works are to be undertaken by AT & T.
15.3. AT&T will not be liable for any internet downtime or other any other defaults which may occur if scheduled maintenance is undertaken by you or third parties appointed by you during the time AT&T is scheduled to undertake the Works.
15.4. It is your sole responsibility to ensure that AT & T’s Works and any scheduled maintenance occur at separate times.
16. Testing & Tagging Minimum Charge & Cancellations
16.1. AT&T reserves the right to charge a minimum fee of $120 including GST for on-site testing & tagging work when the total value of work carried out is less than the minimum charge.
16.2. The minimum charge may also apply when a job is cancelled without adequate notice.
16.3. AT&T requires a minimum of 24 hours’ notice for all job cancellations.
17.1. These Terms and Conditions are governed by the laws of South Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction there in connection with matters concerning the Terms and Conditions.
Asset Test and Tag values your business and is serious about any feedback you wish to provide, you may contact us on 1300 135 140, by email to: firstname.lastname@example.org or in writing to: Asset Test and Tag, PO Box 631, Plympton SA 5038