
Adapt Lifts & Electrical Pty Ltd (ABN 75 679 411 557), trading as Adapt Lifts & Electrical ("ALE", "the Company", "we", "us")
Effective 7 October 2025. Version 2.1.
This page sets out:
Nothing on this website is an offer, quotation or invitation to enter into a contract. No contract is formed through this website. The Company does not offer goods or services for sale through this website, does not accept orders through this website, and does not display pricing on it.
The Company's services are supplied to commercial parties — including lift and escalator companies, builders, principal contractors, facility and asset managers, and the professional representatives of building owners — under a separate written engagement.
These terms are for commercial and contractor engagements. The Company does not contract directly with homeowners or owner-occupiers for domestic building work under these terms. Any engagement of that kind requires a separate contract in a form complying with the domestic building legislation applying in the relevant State.
Where the Company has issued a written proposal, quotation, tender or subcontract for particular works, the terms included with or referred to in that document govern the engagement. If there is any difference between that document and the version of these terms published on this website, the document issued with the engagement prevails.
These terms apply where no other written terms have been agreed.
The Company may amend these terms at any time by publishing an updated version on this page. The version in force at the date an engagement is accepted applies to that engagement. Changes do not affect engagements already on foot.
The content of this website is general information about the Company and the types of work it performs. It is not technical, engineering, regulatory or legal advice, and it must not be relied on as a substitute for advice on a particular installation, building or situation.
Australian Standards, the National Construction Code and work health and safety legislation change. Nothing on this website should be taken as a statement of what any of them currently require for your building.
The Company takes reasonable care with the content of this website but does not warrant that it is complete, current or free from error, or that the website will be available without interruption. To the extent permitted by law, the Company excludes liability for any loss arising from reliance on this website or from its unavailability.
All content on this website — including text, images, layout, logos and the Adapt Lifts & Electrical name and marks — is owned by or licensed to the Company. You may view and print pages for your own reference. You may not reproduce, republish, adapt or commercially exploit any part of it without the Company's prior written consent.
Links to third-party websites are provided for convenience only. The Company does not control and is not responsible for their content.
Where you send the Company an enquiry through this website or by email, you provide your contact details and the information in your message. The Company uses that information only to respond to the enquiry and to carry out any resulting engagement, and does not sell it or disclose it to third parties except to its personnel, subcontractors, insurers and professional advisers, or where required by law. Enquiries are retained for the Company's records. To ask what information is held about you, or to have it corrected or removed, email admin@adaptle.com.au.
You must not use this website to transmit anything unlawful, misleading or harmful, attempt to gain unauthorised access to it, or interfere with its operation or security.
Client means the party engaging the Company for the Works.
Company means Adapt Lifts & Electrical Pty Ltd.
Contract Sum means the total amount payable for the Works as stated in the Company's proposal or quotation, adjusted only in accordance with these terms.
Equipment means any lift, escalator, component, part or associated system supplied or installed by the Company.
Site means the location at which the Works are performed.
Works means all supply, installation, modernisation, repair, commissioning, decommissioning and related services provided by the Company.
WHS legislation means the work health and safety legislation applying at the Site.
2.1 An engagement is formed when the Client accepts the Company's proposal or quotation in writing, issues a purchase order referring to it, or instructs the Company to commence the Works.
2.2 By doing any of those things, the Client confirms that these terms have been read, understood and accepted.
2.3 The Company is not bound by any terms put forward by the Client — including purchase order conditions, head contract or subcontract terms, or amendments to these terms — unless the Company accepts them expressly and in writing. Where the Client requires the Company to contract on other terms, the Contract Sum is subject to adjustment and the Company's time spent reviewing and negotiating those terms is chargeable at the rate in clause 18B.1.
2.4 The Company may carry out a credit assessment after accepting an engagement and may decline to proceed, without penalty, if the outcome is unsatisfactory. Where the Company declines to proceed on this basis, the Client is liable only for Works actually performed and materials already ordered.
3.1 Quotations remain open for acceptance for 30 calendar days unless stated otherwise.
3.2 Pricing is based on material, manufacturing, freight and exchange rates current at the date of the offer, and on the scope and site conditions disclosed to the Company at that date.
3.3 Where the Company is instructed to commence more than 90 days after the date of order, the Company may adjust the Contract Sum once by the movement in the Consumer Price Index (All Groups, Australia, published by the Australian Bureau of Statistics) over that period.
3.4 The imported portion of any Contract Sum is priced on the Reserve Bank of Australia spot rate at the date of offer, and may be adjusted for currency movement up to the point at which forward cover is taken or the overseas order is placed.
3.5 Where the Company's proposal and any Client-issued document are inconsistent, the Company's proposal prevails.
3.6 All amounts are exclusive of GST unless stated otherwise.
4.1 Payment terms are as stated in the Company's proposal or quotation. Where none is stated:
a) for Works with a Contract Sum below $7,500 excluding GST, invoices are payable within 7 business days of the invoice date; and
b) for Works with a Contract Sum of $7,500 excluding GST or above, invoices are payable on receipt.
4.2 Where the Works are staged, the Company's proposal sets out the milestone payments applying. Milestone payments are a condition of the Company continuing, and the Company is not obliged to order materials, commence manufacture, mobilise or continue on Site until the relevant payment has been received.
4.3 The Client may not withhold, set off or deduct any amount from a payment due to the Company except as expressly permitted by these terms or required by law. Any "pay when paid" or "pay if paid" arrangement is of no effect.
4.4 Delay in delivery of Equipment is not grounds for withholding payment for Works already performed, for cancelling the engagement, or for any claim for damages.
5.1 Where an invoice remains unpaid after its due date, the Company may charge interest on the outstanding amount at the rate of 2% above the Reserve Bank of Australia cash rate target, calculated daily and not compounding, from the due date until payment is received in full.
5.2 The Company may recover its reasonable costs of recovering an overdue amount, including the reasonable fees of a debt recovery agency or solicitor, on production of evidence of those costs having been incurred.
5.3 The Company may charge a reasonable administration fee reflecting its actual cost of issuing overdue notices and reconciling an overdue account. The Company's current administration fee is set out in the schedule of rates provided with its proposal or available on request.
5.4 Where the engagement is one to which security of payment legislation applies, the rate of interest payable on an overdue progress payment is the rate under that legislation, or the rate in clause 5.1, whichever is higher.
5.5 Nothing in this clause limits the Company's rights under clause 15 (Suspension and termination) or under applicable security of payment legislation.
5A.1 Unless the Company's proposal expressly says otherwise, the Company is engaged to supply labour, materials and installation for its own scope. The Company is not engaged as, and does not act as, principal contractor, project manager, superintendent, builder, certifier or designer, and does not accept the obligations of any of those roles.
5A.2 Where the Client requests the Company's personnel to perform project management, coordination or programming functions outside the Company's scope, that time is chargeable at the rate in clause 18B.1 as a variation.
5A.3 Where the Company installs Equipment designed, specified, supplied or procured by the Client or by others, the Company installs that Equipment in accordance with the manufacturer's instructions and the documentation provided to it. The Company does not warrant, and takes no responsibility for, the compliance of that Equipment with the National Construction Code, the Australian Standards, design registration requirements or any performance solution. Responsibility for the compliance of Equipment supplied by others rests with the party that designed, specified or supplied it.
5A.4 Unless expressly included, the following are by others: supply of consumables; testing and the associated equipment and paperwork; tuning and the associated equipment and paperwork. Where the Client does not supply consumables and the Company sources them, they are charged at cost plus a margin, together with the rate in clause 18B.1 for the time spent sourcing and delivering them to Site.
6.1 Before the Works commence, and for their duration, the Client must ensure:
a) a clean, dry, structurally compliant shaft, pit and machine space built to the approved layout drawings;
b) certified lifting points where required;
c) permanent three-phase power available at the final controller location;
d) safe, unobstructed and lawful access to the Site and the work areas, including for the delivery of Equipment;
e) a secure, weatherproof storage area at or near the Site for delivered materials;
f) adequate lighting, ventilation and fall protection;
g) control and coordination of other trades so that they do not obstruct or endanger the Works;
h) messing, drinking water and toilet facilities in working order; and
i) all builder's work, penetrations, fire rating, waterproofing, finishes and services by others completed to the extent required for the Works to proceed.
6.2 The Client must comply with all safety directions issued by the Company at the Site.
6.3 Where these requirements are not met, the Company may decline to commence or continue the Works, and clause 7 applies.
7.1 Dates for delivery, commencement and completion are estimates only. The Company does not warrant or guarantee them.
7.2 The Company is entitled to an extension of time, and to recover its additional costs, where the Works are delayed, suspended, interrupted or rescheduled by reason of:
a) failure by the Client or others to meet the requirements in clause 6;
b) restricted or unsafe access, power, cranage or hoisting;
c) other trades obstructing or affecting the Works;
d) variations requested by the Client;
e) weather or environmental conditions making the Works unsafe;
f) delay in inspections, approvals or certification by third parties; or
g) a Force Majeure Event.
7.3 Recoverable additional costs include labour, re-attendance, standing time, supervision, demobilisation and remobilisation, extended overheads and storage, charged at the rate in clause 18B.1 and the Company's current schedule of rates. Where the Works are rescheduled, the Company will reprogram them to its next available installation window.
7.4 Force Majeure Event means an event beyond the Company's reasonable control, including act of God, fire, flood, storm, cyclone, earthquake, pandemic, epidemic, war, terrorism, civil unrest, industrial dispute, port congestion, shipping or customs delay, material shortage, supply chain disruption, government restriction or factory shutdown. A Force Majeure Event entitles the Company to an extension of time only, and each party bears its own costs arising from it.
7.5 Delay of the kind described in this clause does not give rise to any claim for damages, liquidated damages or penalties against the Company.
8.1 Any change to the scope, specification, finishes, program or Site conditions is a variation.
8.2 Variations must be authorised by the Client in writing before the additional work proceeds, and are charged at agreed rates or, where none is agreed, at the rate in clause 18B.1. Variation amounts are added to the Contract Sum.
8.3 Latent conditions. If the Company encounters a Site condition that differs materially from the conditions disclosed by the Client, or from what was reasonably apparent from the documents provided at the date of the proposal — including concealed structural elements, non-conforming shaft construction, hazardous materials such as asbestos, water ingress or inadequate services — any additional work, cost or delay arising from it is a variation under this clause and the time for completion is extended accordingly.
9.1 Practical completion occurs when the Equipment is operational for its intended use, disregarding minor defects that do not affect operation.
9.2 Unless the Company's proposal states otherwise, a defects liability period of 12 months applies from practical completion, during which the Company will rectify defects arising from its faulty workmanship or materials.
9.3 The Client bears the cost of attendances and repairs arising from:
a) misuse, vandalism or abnormal operation;
b) water damage, corrosion or contamination;
c) interference or unauthorised repair by others;
d) failure to provide safe access or required utilities; or
e) fair wear and tear, or consumable and wear items.
9.4 Rectification during the defects liability period is carried out during normal business hours.
9.5 Any ongoing maintenance agreement is a separate service, priced independently, and is not a condition of the Company's obligations under clause 9.2.
9.6 Beyond the defects liability period, warranty is limited to manufacturer-supplied parts, and excludes consumables, wear items and damage caused by external factors.
9.7 Where the Client or another party uses the Equipment before practical completion, that use is at the Client's risk. The Company will inspect the Equipment at the end of that period and carry out the clean-down, re-balancing, parts replacement and other reinstatement required to return it to its pre-use condition, at the Client's cost. The defects liability period commences only on completion of that reinstatement.
Unless expressly included in the Company's proposal, the following are excluded from the Works:
11.1 Title to Equipment remains with the Company until the Company has been paid in full.
11.2 Risk passes to the Client on delivery to the Site. From that time the Client is responsible for the security, storage and protection of the Equipment and must insure it for its full replacement value against loss, theft, damage, fire, water ingress, vandalism and all insurable risks.
11.3 The Company is not liable for loss of or damage to Equipment occurring after delivery to the Site, whether or not title has passed. Loss, theft or damage does not relieve the Client of its payment obligations.
11.4 PPSA. Clause 11.1 creates a purchase money security interest in the Equipment and its proceeds in favour of the Company. The Client consents to registration of that interest on the Personal Property Securities Register and must do all things reasonably required to enable registration and perfection. To the extent permitted by the Personal Property Securities Act 2009 (Cth), the parties contract out of the provisions capable of exclusion under section 115(1), and the Client waives its right to receive a verification statement under section 157. The Client must not permit the Equipment to become a fixture before title passes without the Company's prior written consent.
12.1 The Company performs the Works in accordance with WHS legislation, the relevant Australian Standards and the National Construction Code as they apply to its scope.
12.2 Water and corrosion. Where a landing, pit or shaft is exposed to weather or water there is a risk of electrocution, slips, trips and falls, and of premature corrosion and component failure. The Client must carry out a risk assessment and take all necessary steps to prevent water reaching the Equipment, including waterproofing, ramping and drainage at landings, and controller location in accordance with AS 3000. Faults, damage and corrosion resulting from water ingress are excluded from the Company's warranty and defects obligations.
12.3 Pit access. Where a pit exceeds 2 metres in depth, additional fall-protection measures are required and are an additional cost unless stated otherwise. Where a pit exceeds 2.5 metres, the Client must provide safe solid-construction access to the pit floor. Where a pit is located above space accessible to persons, counterweight safety gear is required and is subject to variation.
12.4 Lifts serving private premises. Where a lift opens directly into an apartment, sole-occupancy unit or private landing, the Client acknowledges that a lift is not a security system, that landing doors provide integrity-only fire rating and no acoustic rating, and that safe access to all landings at all hours is required as a workplace for maintenance and for the release of trapped passengers. Any performance solution, smoke screen, barrier or guarding required for compliance is to be designed and certified by others and is excluded from the Works. The Client is responsible for putting in place and maintaining, for the life of the installation, the key-holder arrangements and body corporate by-laws required to guarantee that access.
13.1 The Company maintains:
a) public and products liability insurance of not less than $20 million per occurrence;
b) workers' compensation insurance in accordance with legislative requirements; and
c) any other insurance required by law or agreed with the Client.
13.2 Certificates of currency are provided on request.
13.3 The Company maintains transit insurance for Equipment until delivery to the Site. From delivery, insurance is the Client's responsibility under clause 11.
14.1 The Company's total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the Contract Sum for that engagement.
14.2 Subject to clause 14.4, the Company's liability is limited to:
a) damage to property; and
b) injury to or death of persons,
where that damage, injury or death is caused by the negligent act or omission of the Company.
14.3 The Company is not liable for any indirect, special or consequential loss, including loss of profit, revenue, rent, use, opportunity, market access, goodwill, reputation or business interruption, however arising.
14.4 The Company is not liable to the Client or to any other person under, or for any loss arising out of, any head contract, collateral contract or other arrangement between the Client and the Client's own principal or client, and the Company gives no warranty or indemnity in favour of any such person.
14.5 The Company is not liable for, and does not indemnify the Client against, loss or damage arising from or incidental to delay caused by matters beyond its reasonable control, including material shortages, unavailability of shipping space, marine embargo, industrial action, change in law, malicious damage, theft, terrorism, extreme weather including storm, flood and cyclone, fire, explosion or other act of God.
14.6 Where liquidated damages for delay are expressly agreed in writing, they are capped at 1% of the Contract Sum per week, applied only to the incomplete portion of the Works, to a maximum of 10% of the Contract Sum, and are the Client's sole and exclusive remedy for delay by the Company.
14.7 Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy conferred by the Australian Consumer Law or by any other law that cannot lawfully be excluded, restricted or modified. Where the Company's liability for failure to comply with a consumer guarantee can be limited under section 64A of the Australian Consumer Law, that liability is limited, at the Company's option, to replacing or repairing the goods, supplying equivalent goods, or resupplying the services, or the cost of doing so. Clauses 5A, 9, 12 and 14 apply subject to this clause.
15.1 If any amount is not paid by its due date, the Company may, on two business days' written notice, suspend the Works — including drawing production, manufacture, shipment, delivery and installation — until all overdue amounts are paid in full. The Company may recover its reasonable costs of suspension and recommencement, and the time for completion is extended by the period of suspension plus a reasonable remobilisation period. This right is in addition to any right of suspension under security of payment legislation.
15.2 Either party may terminate an engagement where the other commits a substantial breach and fails to remedy it within a reasonable time after written notice, or becomes insolvent or ceases to trade.
15.3 On termination, the Client must pay for all Works performed, all materials ordered or supplied, and the Company's reasonable demobilisation costs.
15.4 Cancellation by the Client. Where the Client cancels or terminates the engagement other than for the Company's substantial breach, the following applies in addition to the Client's obligation to pay 100% of costs already incurred, including tooling and materials:
Works with a Contract Sum below $7,500 excluding GST
a) cancelled more than 48 hours before the scheduled commencement: no cancellation fee;
b) cancelled between 24 and 48 hours before the scheduled commencement: 15% of the Contract Sum;
c) cancelled within 24 hours of the scheduled commencement: 35% of the Contract Sum.
Works with a Contract Sum of $7,500 excluding GST or above
d) cancelled more than 8 weeks before the scheduled commencement, where no costs have been incurred: no cancellation fee;
e) cancelled between 4 and 8 weeks before the scheduled commencement: the Company's reasonable administrative and other costs, up to 10% of the Contract Sum;
f) cancelled within 4 weeks of the scheduled commencement: 35% of the Contract Sum.
15.5 The amounts in clause 15.4 are a genuine pre-estimate of the loss the Company suffers on cancellation at short notice, arising from committed labour, reserved installation windows, ordered materials and lost opportunity, and are not a penalty. The Company may set off any amount payable under clause 15.4 against monies already paid.
16.1 The Building Industry Fairness (Security of Payment) Act 2017 (Qld) or the Building and Construction Industry Security of Payment Act 1999 (NSW), whichever applies where the Works are performed, applies to the engagement. Nothing in these terms excludes, modifies or restricts the operation of that legislation, and these terms are to be read down to the extent necessary to comply with it. Any provision purporting to make payment to the Company conditional on the Client being paid by another party is void.
16.2 Payment claims. The Company may serve a payment claim on the Client for each reference date. Unless the engagement states otherwise, the reference date is the last day of each month in which the Company carried out Works, and the Company may serve a payment claim for the final reference date at any time within the period allowed by the legislation.
16.3 Payment schedules. Where the Client does not intend to pay the full amount of a payment claim, the Client must give the Company a payment schedule identifying the claim, stating the amount the Client proposes to pay, and stating the reasons for withholding any amount. The payment schedule must be given within the time required by the applicable legislation, or any shorter time stated in the engagement. If the Client does not give a payment schedule within that time, the full claimed amount becomes payable on the due date and the Company may recover it as a debt or refer it to adjudication.
16.4 Due date for payment. The due date for payment of a payment claim is the date required by the applicable legislation, or any earlier date stated in the engagement, whichever is earlier.
16.5 Adjudication. Nothing in these terms limits the Company's right to apply for adjudication of a payment claim, to suspend the Works under the legislation, or to exercise any other statutory entitlement. The Client must not require the Company to contract out of, or agree to any term inconsistent with, those entitlements.
16.6 Trust accounts. Where the engagement is one for which the Client is required to establish a project trust or a retention trust under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), the Client must establish and maintain that trust as required, must notify the Company of it, and must treat amounts payable to the Company, and any cash retention withheld from the Company, in accordance with the Act. The Company is a beneficiary of any such trust to the extent of the amounts owed to it, and the Client must give the Company the notices and information the Act requires a trustee to give a beneficiary.
16.7 Notice of a subcontractors' charge or claim. Nothing in these terms limits the Company's right to give notice of a claim, lodge a subcontractors' charge, or take any other step available to it under the applicable legislation to secure payment.
No retention, cash security, bank guarantee or other security may be withheld from, or required of, the Company unless expressly agreed in writing by the Company before the engagement is accepted.
18.1 All intellectual property in the Company's drawings, designs, calculations, specifications, software and documentation remains the Company's property. The Client is granted a non-exclusive, non-transferable licence to use them solely for the construction, certification, operation and maintenance of the Works at the Site. They must not be reproduced, modified or disclosed to third parties for any other purpose without the Company's prior written consent.
18.2 Each party must keep confidential the commercial terms of the engagement and any information disclosed to it as confidential, except where disclosure is required by law or to its insurers or professional advisers.
18.3 Privacy. Each party must comply with its obligations under the Privacy Act 1988 (Cth) in handling any personal information exchanged in connection with the engagement.
18A.1 Unless the Company's proposal states otherwise, the Contract Sum includes one set of layout drawings issued for approval, one set issued for construction, and one set issued as-built. Additional drawings, repeated or additional revisions, customisation of standard drawings, and BIM models are variations and are charged accordingly.
18A.2 Any structural certificate for the shaft must reference the Company's drawing numbers.
18A.3 The Client is responsible for the accuracy of any dimensions, levels, structural information and services information it provides, and for notifying the Company in writing of any change to them.
18B.1 Where time is charged under these terms, it is charged at $160.00 per hour per person excluding GST, unless a different rate has been agreed in writing by both parties before the Works commence.
18B.2 Unless agreed otherwise in advance, chargeable time is charged in minimum blocks of four or eight hours.
18B.3 Where the Site is more than 45 minutes' travel from the attending personnel's place of residence, travel time to and from Site is chargeable.
18B.4 Free parking must be available within a 1.5 kilometre walking radius of the Site. Where it is not, parking fees incurred by the Company are chargeable.
18B.5 Rates for site re-establishment, offsite storage, false car hire, landing protection, additional acceptance testing, extended standing time and loss time are as set out in the Company's current schedule of rates.
19.1 A party claiming that a dispute has arisen must give the other written notice setting out the details.
19.2 Within 10 business days of that notice, senior representatives of each party must meet, in person or by video or telephone, and attempt in good faith to resolve the dispute.
19.3 If the dispute is not resolved within 20 business days of the notice, either party may refer it to mediation administered by the Resolution Institute, or by another mediator the parties agree on, before commencing court proceedings.
19.4 Nothing in this clause prevents a party seeking urgent interlocutory relief or exercising rights under security of payment legislation.
20.1 Notices. Notices must be in writing and delivered by hand, prepaid post or email to the address notified by the receiving party. A notice is taken to be received on delivery if by hand, three business days after posting, or when the email enters the recipient's server unless a delivery failure notification is received.
20.2 Assignment. The Client may not assign or novate an engagement without the Company's prior written consent. The Company may subcontract parts of the Works but remains responsible for them.
20.3 Waiver. A failure or delay by the Company in exercising a right is not a waiver of that right.
20.4 Severability. If any provision is void, unenforceable or illegal, it is severed to that extent and the remaining provisions continue in full force.
20.5 Entire agreement. The engagement documents, in their stated order of precedence, constitute the entire agreement between the parties and supersede all prior negotiations, representations and communications.
20.6 Governing law. These terms are governed by the laws of the State or Territory in which the Works are performed, and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.
Adapt Lifts & Electrical Pty Ltd
ABN 75 679 411 557
6/11 Dominions Road, Ashmore QLD 4214
admin@adaptle.com.au · 0408 766 615