1. Interpretation
“Customer” means the person to or for whom the Goods or Services are to be supplied by the Seller.
“Company” means Wilgress Pty Ltd T/A ESP Fire (76 610 952 764).
“Purchase Price” means the quoted price for the Goods as charged by the Seller at the date of delivery excluding any delivery costs or such other price as may be agreed by the Seller and the Customer prior to delivery.
“Goods” means the goods sold to the Customer by the Seller and includes any services provided by the Seller to the Customer.
“Services” means all services provided to the Customer by the Company.
“Payment Terms” means cash on delivery (COD).
“Terms” mean these Terms and Conditions.
“Additional Charges” includes all delivery, handling and storage charges, supervision, profit and overheads, labour (inclusive of overtime and penalty rates), additional Goods, variations, GST, duties, interest, legal costs, and all other charges payable by the Customer.
The Company reserves the right to update these Terms and Conditions at its discretion.
2. General obligation
ESP Fire agrees to provide the
Customer with the Products and Services, and the Customer agrees to pay
ESP Fire the Fees, in accordance with:
(i) the service-specific terms described in any quotation issued by ESP Fire;
(ii) these Terms;
(iii) any additional schedules, specifications, and documents referenced.
2.1 These Terms apply to all contracts for the sale of Goods and Services by ESP Fire.
2.2 No amendments or waivers of these Terms are binding unless confirmed in writing by ESP Fire.
2.3 The Customer acknowledges that no representative of ESP Fire may vary these Terms except as set out above.
3. Quotations, Invoices, and Payment
3.1 Quotations remain valid for 30 days unless otherwise stated.
3.2 Deposits may be required as set out in the quotation.
3.3 The balance of payment is due within 7 days of invoice unless otherwise agreed in writing.
3.4 Payment must be made by electronic transfer or credit card. Cheques are not accepted.
3.5 Late payments incur a fee of 5% per 30 days overdue.
3.6 The Customer will be liable for any legal or collection costs incurred in recovering unpaid fees.
3.7 ESP Fire retains title to all Goods and Services until full payment is received.
3.8 Title remains with ESP Fire even if the Customer enters liquidation or bankruptcy.
3.9 ESP Fire reserves the right to increase prices annually Applied 1st July by 5% or CPI (whichever is greater), with 30 days’ prior written notice to the Customer.
4. Variations
4.1 Any requested Variations will be charged at quoted rates or standard ESP Fire rates plus management and profit.
4.2 Variations may include materials, labour, or design changes initiated by the Customer.
5. Fees for the Works
5.1 Fees are based on:
– Work hours of 08:30–16:30 on Business Days;
– Continuous access to site, utilities, and workspace;
– Current labour awards and site conditions;
– Exclusion of patching, painting, carpet/flooring work, building repairs, and emergency service call-outs;
– Exclusion of unexpected site conditions.
5.2 Any additional or extraneous work requested will be quoted separately. ESP Fire will not be liable for incidental damage during such work.
6. Delivery
6.1 ESP Fire will use reasonable endeavours to meet delivery timeframes.
6.2 Delivery times are estimates and depend on Customer cooperation.
6.3 ESP Fire is not liable for delays or associated losses.
6.4 Risk passes to the Customer on delivery. Title to all goods, hardware, and materials remains with ESP Fire until full payment is received. ESP Fire reserves the right to remove unpaid goods from the site if payment is not made, without liability for resulting damage.
7. Customer Obligations:
7.1 Provide site access and cooperation.
7.2 Provide 31 days written notice to terminate services once outside of contract period.
7.3 Supply necessary access equipment or reimburse ESP Fire if it arranges these.
7.4 Remove personal belongings from work areas.
7.5 Ensure no obstructions to fire systems.
7.6 Maintain fire systems in working condition.
7.7 Insure any partially or fully installed equipment.
7.8 Provide secure onsite storage for ESP Fire tools and goods.
7.9 Ensure no interference or delay is caused to ESP Fire staff or contractors.
7.10 Advise of any hazards (e.g. asbestos, live cables) before work begins.
7.11 Provide information and specifications as requested.
7.12 Provide facilities such as parking, power, and waste removal.
7.13 Ensure compliance with WHS obligations and site safety. ESP Fire is not the principal contractor for WHS purposes.
7.13.1 ESP Fire may delay or stop work on unsafe sites without penalty.
7.14 The Customer indemnifies ESP Fire against claims for:
(A) equipment failure due to events outside ESP Fire’s control (e.g. power outages);
(B) costs related to emergency service call-outs;
(C) relocation of equipment;
(D) charges or fees from emergency services (e.g. Fire Brigade) due to Automatic Signalling Equipment (ASE) activations, including false alarms or malfunctions ESP Fire accepts no liability for these fees.
8. Acceptance of these Terms
8.1 These Terms are governed by the laws of the relevant State or Territory where the Works are performed.
8.2 Any request for ESP Fire to commence work constitutes acceptance of these Terms.
8.3 Once accepted, these Terms are binding on the Customer.
8.4 If the Customer cancels after engagement, they are liable for all incurred costs, including restocking, freight, and labour.
