Terms & Conditions

TERMS & CONDITIONS – ADAPT LIFTS & ELECTRICAL (ALE)

DEFINITIONS

  • “Works” means the labour and services provided by Adapt Lifts & Electrical under this agreement.

  • “Client” means the party engaging Adapt.

  • “Contract Sum” refers to the total agreed amount for the Works.

  • “Terms” refers to this Terms and Conditions document.

GENERAL

  • By proceeding and engaging Adapt Lifts and Electrical in writing, via Purchase Order or payment, the engaging party confirms that these Terms and Conditions have been read, understood, and accepted.

  • All variations to the Works must be approved in writing prior to commencement. Adapt Lifts and Electrical shall issue a quotation for the additional scope, which must be accepted by the Client before work proceeds. Any variation costs shall be added to the Contract Sum.

  • Adapt Lifts and Electrical reserves the right to conduct a credit assessment following acceptance of engagement. If, in its sole discretion, the outcome is unsatisfactory, Adapt Lifts and Electrical may terminate the agreement without penalty.

  • Delivery or completion times provided are indicative only and subject to change based on labour schedules, availability and logistics. Adapt Lifts and Electrical makes no warranty, representation or guarantee as to delivery timeframes. The Client acknowledges that delays in equipment delivery do not constitute grounds for withholding payment, cancelling the agreement, or making claims for damages.

  • All equipment including consumables by others unless agreed in writing prior.

  • Any consumables required for the job, if not provided, shall be charged at cost plus 15% margin including hourly rate of $140 an hour required to source and supply to site.

  • Testing and all relevant equipment/paperwork by others unless agreed in writing prior.

  • Tuning and all relevant equipment/paperwork by others unless agreed in writing prior.

  • For the avoidance of doubt, Adapt Lifts and Electrical are not acting as project managers and are simply providing labour for projects. Should excessive time be spent doing so, this shall be charged at $140 an hour.

  • Payment terms for projects valued below $7,500 (ex GST) shall be 7 business days from the date of invoice. For projects above this value, payments shall be due on receipt, unless otherwise agreed in writing prior.

  • For Projects above $7,500 (ex GST) 20% will be required 4 week prior to start onsite date to confirm labour scheduling. A further 40% upon starting onsite. A further 30% upon spinning the motor the remaining 10% prior to placing the plant into service. Should the works not be installation a plant then similar payment terms will apply.Late Payment and Recovery Costs

LATE PAYMENT & RECOVERY COSTS

  •             If any invoice remains unpaid beyond its due date, a late payment administration fee of $350 will be applied to cover cost of preparing and issuing overdue notices,                  account reconciliation, and administrative processing. 
  •             For each subsequent month that the account remains overdue, an account managment fee of $175 per month will be charged to cover the ongoing administrative costs                of follow-up communication, account monitoring and correspondence.     
  •             Interest will also accure on the overdue balance at a rate of 3.5%per month, calculated daily and compounding monthly, until payment is recieved in full. 
  •             If the account remainns unpaid for six (6) months or more, the debt may be reffered to a registered debit collection agency or solicitor for recovery. The client agrees to                  be liable for all reasonable rosts of recovery, including agency commissions, legal fees, court filing fees and associated expenses incured by the Company in recovery                  the debt. 
  •             Note - these charges represent a genuine pre-estimate of the loss and administrative cost incurred as a result of delayed payment and are not intended to consititue a                  penalty 

ENTIRE AGREEMENT

  • This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, representations, quotes, schedules, delivery timelines, or agreements in relation to its subject matter. No reliance may be placed on any previous representations unless explicitly included in this agreement. No modifications shall be binding unless made in writing and agreed by both parties.

NO OTHER TERMS APPLY

  • Any terms or conditions attached to the client’s purchase order or correspondence, unless expressly accepted in writing by Adapt Lifts and Electrical, are excluded and shall not apply to this agreement.

SITE REQUIREMENTS AND RESPONSIBILITIES

  • Adapt Lifts and Electrical is not responsible for the protection or security of any goods or equipment once delivered to site. Responsibility for secure, dry, and weatherproof storage lies solely with the engaging party unless otherwise agreed in writing.

  • Construction of the elevator shaft by others. Loads to support for elevator/escalator removal, if required, by others. Load supporters for installation of elevator/escalator as per drawings by others.

  • The engaging party is responsible for ensuring the site is ready for lift installation prior to commencement, including:

    • Correct installation of lifting beams as per approved drawings

    • All shaft dimensions, pit depth, door opening sizes, and overhead clearances match the lift specifications and approved shop drawings

    • Lift shaft and pit must be dry, clean, weather-tight, and free of rubbish or debris

    • Safe, dry, illuminated access to all lift landings

    • Uninterrupted access and suitable dry storage for lift equipment

  • Any delays or additional work resulting from non-compliant or incomplete site readiness, incorrect shaft dimensions, missing lifting beams, debris in shaft or pit, or water ingress will be charged at $140 per hour per technician.

  • Formwork removal by others

  • Core drilling or concrete cutting, if required, by others

  • Disposal of rubbish onsite for the duration of works by others; rubbish generated to be placed in bins provided by others

  • Construction of the elevator pit must be permanently waterproofed. Early-stage precautions to prevent water seepage must be in place.

  • Provide electrical supply to the elevator top door frame at the top of the lift shaft with approx. 4m spare cable. Three phase, 20 amps or as shown on working drawings. Wiring to comply with AS 3000 requirements.

  • Provide 24-hour access lighting to the elevator control cabinet

  • Provide dedicated telephone line (or GSM phone) to the elevator control cabinet

  • Scaffolding in lift shafts supplied by others

  • Supply, install, and maintain shaft protection barricades to each elevator entrance as required by others

  • After installation of elevator shaft and door frames/landing panels, building in and/or making good around them by others

  • Access to working toilets and messing facilities must be provided

DISPUTE RESOLUTION

  • In the event of a dispute, both parties agree to first attempt to resolve the matter in good faith through written correspondence and negotiation.

  • A formal written notice of dispute must be provided by the aggrieved party.

  • The parties shall meet within 14 days of receipt of the dispute notice to attempt resolution.

  • If unresolved after reasonable efforts, either party may initiate legal proceedings under the jurisdiction set out in the Governing Law clause.

LIMITATION OF LIABILITY

  • Adapt Lifts and Electrical shall not be liable for or indemnify the Client or others for any loss or damage arising from or incidental to delay caused by matters beyond its control, including but not limited to: material shortages, shipping space, marine embargo, industrial action, change in law, malicious damage, theft, terrorism, extreme weather events (e.g. storms, floods, cyclones), fire, explosion, or other Acts of God.

  • Adapt Lifts and Electrical shall not be liable for loss or damage under any head or collateral contract with the Client’s principal or client.

  • Adapt Lifts and Electrical’s liability is limited to:

    • Damage to property, and

    • Injury or death to persons, where such damage or injury is caused by the negligent acts or omissions of Adapt Lifts and Electrical.

  • Adapt Lifts and Electrical shall not be liable for consequential or indirect losses, including but not limited to loss of profits, revenue, opportunity, market access, goodwill, reputation, or use.

  • For the avoidance of doubt, Adapt Lifts and Electrical takes no responsibility for the lift’s compliance with Australian Standards, the National Construction Code (NCC), or Australian Design Registration. Adapt Lifts and Electrical shall install the lifts as provided to the best of its ability.

INSURANCE

  • Adapt Lifts and Electrical maintains the following insurance policies:

    • Public Liability Insurance of not less than $20 million per occurrence.

    • Workers Compensation Insurance in accordance with legislative requirements.

    • Other insurances as required by law or agreed with the Client.

PRIVACY

  • Both parties shall comply with their obligations under the Privacy Act 1988 (Cth) when handling any personal information exchanged under this agreement.

TERMINATION & CANCELLATION

  • In the event a small (value less then $7,500.00) project is cancelled within a 48 hour period Adapt Lifts and Electrical shall be entitled to a cancellation fee equal to 15% of the total Contract Sum unless agreed by both parties in writing and 100% of any incurred (i.e. tooling, material) costs.

  • In the event a small (value less then $7,500.00) project is cancelled within a 24 hour period Adapt Lifts and Electrical shall be entitled to a cancellation fee equal to 35% of the total Contract Sum unless agreed by both parties in writing and 100% of any incurred (i.e. tooling, material) costs.

  • In the event a small (value less then $7,500.00) project is cancelled within a 24 hour period Adapt Lifts and Electrical shall be entitled to a cancellation fee equal to 50% of the total Contract Sum unless agreed by both parties in writing and 100% of any incurred (i.e. tooling, material) costs.

  • In the event that a large (value more then $7,500.00) project is terminated by the Client within 4 weeks of the initially scheduled project commencement date, Adapt Lifts and Electrical shall be entitled to a cancellation fee equal to 35% of the total Contract Sum and 100% of any incurred (i.e. tooling, material) costs.

  • If termination occurs of a large (value more then $7,500.00) project less then 8 weeks prior to initially scheduled project commencement date Adapt Lifts and Electrical shall be entitled to recover reasonable administrative and Others costs up to 10% of the Contract Sum and 100% of any incurred (i.e. tooling, material) costs.

  • If termination occurs of a large (value more then $7,500.00) project more then 8 weeks prior to project commencement date  and if not costs or incurred then no cancelation fee shall apply.

  • Adapt Lifts and Electrical shall be entitled to offset against any monies paid the costs of work performed and any committed costs unable to be avoided.

GOVERNING LAW

  • This agreement shall be governed by and interpreted in accordance with the laws of Queensland. Any disputes arising shall be resolved exclusively in the courts of Queensland, with venue located on the Gold Coast.