Terms of Service

1. Interpretation

In these Terms, 

“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 of the Goods.

“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, labour and equipment inclusive of stand down rates, additional Goods, variations to Goods, goods and services tax (GST), stamp duty, interest, legal and other costs of recovery of unpaid money and all other government imposts and all money (other than the Purchase Price) payable by the Customer to the Seller arising out of the sale of the Goods.

The company reserves the right to update these terms and conditions from time to time at their 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) service-specific terms described in the quotation issued by ESP Fire to the Customer, if applicable;

(ii) the Details;

(iii) these terms and conditions;

(iv) remaining schedules, forms, specifications and other referenced documents (if any),

2.1.    These Terms apply to all contracts for the sale of Goods & Services by ESP Fire

2.2.     No amendment, alteration, waiver or cancellation of any of these Terms is binding on 

ESP Fire unless confirmed by ESP Fire in writing.

2.3.     The Customer acknowledges that no employee or agent of ESP Fire has the right to 

make any representation, warranty or promise in relation to the Goods & Services or the sale of the Goods & Services other than as contained in these Terms.

3. Quotations, Invoices, and Payment

3.1  A quotation provided by ESP Fire will remain valid for thirty days unless otherwise stated. 

On expiry of that period, if the Customer wishes to proceed, a quote revision will need to be provided by ESP Fire and accepted by the Customer before services can commence.

3.2.  A deposit may be required from the Customer prior to order of goods to be provided by 

ESP Fire to the Customer. The amount of the deposit will be determined and outlined in the relevant quotation.

3.3.  The balance of the invoice price must be paid in full within 7 days of the date of the tax 

invoice, or within the time frame negotiated with and confirmed in writing by ESP Fire.

3.4. The Customer will pay the ESP Fire’s fees in accordance with these Terms & Conditions.

3.5.  Payment of the ESP Fire’s tax invoice must be made in any of the following manner:
– Electronic Transfer to the ESP Fire’s bank account or credit card. – ESP Fire will not accept cheques.

3.6. Where the Customer fails to pay any tax invoice on or before the due date, the Customer agrees to pay ESP Fire a late fee of 5% per 30 days that the invoice is over due. The late fee will accumulate and will be added every 30 (thirty) days.

3.7.  In the event the Customer defaults in payment of an invoice, the Customer shall indemnify ESP Fire for any costs incurred by ESP Fire in recovering the outstanding amount, including but not limited to solicitors’ fees.

3.8.  ESP Fire retain title to any equipment, goods and/or services (including in the event where the Customer goes into liquidation or files for bankruptcy) until full payment is received by the ESP Fire

4. Variations

4.1 The Customer shall pay for any Variation as follows:

4.1.1 If ESP Fire has quoted an amount for such Variation, the amount quoted; or 4.1.2 if ESP Fire has not given any quote, an amount calculated for the Variation by ESP Fire in accordance with ESP Fire’s standard rates for such works applicable at that time; and

4.1.3  ESP is entitled to charge the Customer for any design, management, overhead and profit for each variation carried out.

5. Fees for the Works

5.1 Unless otherwise agreed in writing, the Fees:

5.1.1  are based on the Works being carried out from 08:30 to 16.30 on Business Days (subject to alteration by ESP Fire);

5.1.2  are based on having continuous, uninterrupted, and unhindered access to the required people, equipment, facilities, utilities, and areas where the Works are to be carried out;

5.1.3  are based on current workplace agreements; 

5.1.4  do not cover extraneous work, including but not limited to patching/painting, carpet  lifting or refitting, building work or decoration and emergency service call-outs; and

5.1.5    do not cover any costs associated with the discovery of unforeseen conditions or any other event beyond the reasonable control of ESP Fire

5.2    Should ESP Fire agree to carry out extraneous work of the kind set out in clause 5.1.4, at the request of the Customer, then ESP Fire shall not be liable for any damage

6. Delivery

6.1  ESP Fire shall use reasonable endeavours to complete the delivery of the works by the completion Date.

6.2  The Customer acknowledges that delivery dates or periods quoted are estimates only and are subject to prompt receipt of all Customer Materials necessary to allow ESP Fire to proceed with the delivery of the Works.

6.3  ESP Fire accepts no liability whatsoever for any loss or damage suffered by the Customer as a consequence of any delay in the delivery of the Works.

6.4  Risk in the Products shall pass to the Customer upon delivery of the Products to the Customer. Title to and ownership of the Products shall pass to the Customer upon receipt by ESP Fire of payment in full for those Products.

7. The Customer’s Obligations:

The Customer shall:

7.1  Provide ESP Fire with sufficient access to the Site as reasonably required for the purpose of allowing ESP to perform its obligations.

7.2  Provide at least 31 days notice in writing required to end services

7.3  Provide special access equipment/elevated work platform (EWP) (including, but not limited to, scaffolding or scissor lift) to enable the services to be undertaken (where in ESP Fire’s opinion it is deemed necessary). It is also agreed that all scaffolding erected will comply with industry safety standards and that any person erecting the scaffolding shall be suitably qualified to ensure its safe and proper erection and where necessary shall hold a current certificate of competency and/or be fully licensed. Where the Client requests ESP Fire to make arrangements for such provision, the costs incurred shall be invoiced to the Client.

7.4 Remove any furniture, furnishings or personal goods from the vicinity of the services and agrees that ESP Fire shall not be liable for any damage caused to those items through the Client’s failure to comply with this clause;

7.5 Ensure all electronically protected areas are free from obstacles which may impair the operation of any fire system;

7.6 Ensure the fire system equipment is tested and maintained to full operational condition;

7.7 The Client acknowledges and agrees that it is their responsibility to insure any equipment partly or completely installed on site, against theft or damage.

7.8  Where ESP Fire require that Goods, tools etc. required for the Services be stored at the site, the Client shall supply a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.

7.9  Ensure that the Customer and the Customer’s Personnel:

(A) do not interfere with or disrupt, delay or hinder ESP Fire, its employees, agents, subcontractors or other persons engaged by ESP Fire or prevent them from carrying out the Works or cause them to incur additional cost; and

(B) reasonably cooperate with ESP Fire and its employees, agents and subcontractors;

7.10  Advise ESP Fire of the existence of any conditions affecting the Site, including but not limited to, concealed pipes, wires and cables for water, gas, electricity, telephone, or asbestos, and shall confirm the location of such conditions to ESP Fire’s technician before work commences. In the absence of such notice ESP Fire accepts no liability for any loss or damage as a result of such conditions and the customer agrees to indemnify ESP Fire against any claim whatsoever for any loss or liability under this clause;

7.11  Provide ESP Fire, within a reasonable time of a request made by ESP Fire, any further data, specifications and information required by ESP Fire to fulfil its obligations under this Agreement;

7.12 Provide adequate facilities at the Site at no cost to ESP Fire, including but not limited to parking, power, lifting equipment, scaffolding, scissor lifts, rubbish removal skips and lockable storage; and

7.13 Ensure that the Site is at all times a safe working environment and complies with all applicable WHS Law. The Customer acknowledges that ESP Fire has not been engaged as the principal contractor for the purposes of WHS Law in carrying out the Works.

7.13.1 If ESP Fire considers that the Site is unsafe, it may delay or cease delivery of the Works until the Site is restored to a safe condition. In addition to any of ESP Fire’s rights under this Agreement, the Customer acknowledges that any such delay or cessation of the Works:

7.13.2 Will not constitute a breach of this Agreement; and

7.13.3 Will not entitle the Customer to the payment of liquidated damages or a financial penalty or any other damages.

7.14 The Customer indemnifies ESP Fire against any claims (including claims made by third parties) for:

(A) the failure of equipment due to events beyond ESP Fire’s reasonable control,  including but not limited to the failure of telecommunication carrier lines, power supply, and servers;

(B) costs relating to emergency services charges; and

(C) the relocation of equipment.

8. Acceptance of these Terms

8.1.  This Agreement is subject to the laws of the State or Territory in which the Works or the majority of the Works are undertaken and the parties agree to submit to the non-exclusive jurisdiction of the court of such State or Territory.

8.2  Any act by the Customer, or those legally acting on behalf of the customer, which requests the Company to begin performing and/or providing any services and/or materials will be deemed as acceptance of these Terms and Conditions.

8.3 Once these Terms and Conditions are accepted by the Customer, they are binding. 

8.4  Should the Customer cancel the engagement of the Company after the engagement has been accepted, the Customer agrees that they may be held liable for any reasonable costs incurred by the Company in relation to the provision of the goods and/or services up to the point of cancellation, including but not limited to restocking fees, non-recoverable freight charges, and labour.

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