Terms and Conditions

1. Definitions

1.1 "David Cameron Services Pty Ltd" or "DCS" shall mean any agents, contractors and employees hereof.

1.2 "Client" shall mean the client, any person acting on behalf of and with the authority of the client, or any person purchasing products and services from David Cameron Services Pty Ltd.

1.3 “Works” shall mean any services rendered, products delivered or any future or completed work done by David Cameron Services Pty Ltd.

2. Standard Conditions of Trading

2.1 These Trading Terms and Conditions apply to any quotation and/or sale and/or proposal provided by DCS and to the supply of goods and/or the performance of work performed by DCS.

2.2 It is expressly acknowledged and agreed that any order issued by the Client or with reference to a quotation and/or proposal will be deemed to be an acceptance to purchase upon the terms stated in this document. These trading terms and conditions constitute the entire agreement between DCS and the Client. Any conditions contained in the Client's order will not apply notwithstanding a statement in the contrary in the Client's order.

3. Quotation

3.1 Subject to clause 3.2, a “quotation” or “quote” or "estimate" or “proposal” by DCS remains valid for the duration stated on the quotation or estimate or proposal and will lapse if the Client fails to make an order within that period.

3.2 DCS may immediately withdraw a quotation or proposal, prior to the expiration date and/or terminate works without notice if a Client does not, in DCS's opinion, obtain a satisfactory credit assessment.

3.3 A deposit is required upon acceptance of the quotation or proposal for jobs totalling $1,000.00 or more. Placing a deposit with DCS secures and confirms the job. Where a deposit has been paid to DCS, deposits are non-refundable.

4. Work Orders

4.1 If the Client is a commercial Client, it is the responsibility of the Client to inform DCS if a Work Order or Purchase Order is required before any work is to be carried out.

5. Service Charge

5.1 Where a package price or a price for a particular service has been provided (e.g. quotation, estimate, proposal, etc.), that price shall overrule an hourly rate charge.

5.2 Travel expenses do not apply if the Client lives within a 100km radius of Melbourne CBD. If the Client lives outside a 100km radius of Melbourne CBD, a travel charge of $110.00 (exc. GST) will be charged per hour of travel as well as incurred third party travel expenses (e.g. flights, accommodation, etc.).

5.3 Quotations or “Quotes” are free of charge.

5.4 For all chargeable work, the minimum charge out rate is one hour, with additional time charged in half hourly increments.

5.5 The cost of products, equipment hire and third party expenses (e.g. inspector fees) charged to Clients are subject to change without notice depending upon market rates.

5.6 If there is any error or omission in a quotation, estimate or proposal, DCS reserves the right to change the contract sum on the quotation, estimate or proposal. This applies even if the quotation, estimate or proposal has been accepted by the Client. Prices quoted are subject to final costing assessment by DCS.

6. Payment

6.1 All Client payments are due upon the date outlined on the invoice provided.

6.2 The Client agrees to pay the full invoiced amount (including any Variation costs outlined in section 7) in accordance with the payment terms outlined in 6.1. No amount may be withheld by the Client by way of security, set-off, deduction or counterclaim.  

6.3 Invoices will be issued on completion of work, unless clause 6.4 applies.

6.4 Where a project takes more than five business days to complete and/or requires staggered work days over a period of one month or more, the Client agrees to pay progress payments. Failure to do so will cancel all further works until such time that all progress payments, to date, are paid in full.

6.5 DCS will invoice the Client progressive payments on an ongoing basis. Payments shall comply with clause 6.1.

6.6 DCS accepts the following payment methods:

• Cash,

• Electronic funds transfer (EFT),

• Credit card (Visa, MasterCard) – a 2.2% transaction fee applies

6.7 If the Client’s invoice is not paid by the due date, the Client will be sent a reminder by means of email (if email address is provided) or via SMS or via standard post. If the Client has not paid within 7 days of the due date, the Client will incur a late payment fee of $30.00 (exc GST) and 2% interest per week on all overdue amounts until the account is paid in full.

6.8 The overdue account may be referred to our Credit Management Company. If this is the case, the Client will be notified in writing.

6.9 In the event where the Client’s overdue account is referred to our Credit Management Company, the Client will incur the following charges:

• 18% interest rate charge of original owing amount

• Credit Management Company service fee (Calculated: Service Fee = (Original Invoiced Amount + Interest Rate Charge) x 10%)

• Credit Management Company recovery costs The Client will be liable for all costs which would be incurred as if the debt is collected in full.

6.10 If the matter is referred to The Victorian Civil and Administrative Tribunal or court, the Client will be liable for all of DCS legal fees and all out of pocket expenses as a result of court proceedings.

6.11 If the Client has not paid in full by 60 days after the invoice date, then DCS will repossess any Product(s) installed. If DCS exercises its rights under this clause, the Client gives permission to DCS in the name of the Client to enter upon its premises or wherever the Product may be situated, whether or not the Product(s) has been sold, and to use such force as may be reasonable and necessary to inspect and/or repossess the Product(s).

7. Variations

7.1 DCS may, at its discretion perform a Variation if it receives a written instruction from the Client or as subject to Australian Standards, including safety. Variations may incur further fees and charges in addition to the original quoted amount.

8. Work on Site

8.1 The Client will ensure that, at no cost to DCS:

(a) the site is clear, free of water, clean, safe, has uninterrupted direct access for employees and subcontractors of DCS, its material and plant and equipment and sufficient space for scaffolding necessary for the performance of the works, and suitable vehicle off-loading is possible within five metres of the Site;

(b) ensure adequate facilities and assistance (as are reasonably required by DCS) are provided to enable DCS to efficiently, comfortably and safely perform the works; and

(c) prior to the commencement of the works that all necessary licences, consents and approvals including local council permits and engineering certifications required for the performance of the works have been obtained

8.2 DCS will not be responsible for the removal of broken or damaged materials or any debris on the Site remaining from the works.

9. Completion

9.1 The works are deemed to be complete when the works are, in the reasonable opinion of DCS, fit for the purpose for which they were intended as reasonably determined by DCS.

9.2 The times or dates quoted for commencement, installation and completion of the works will be estimated as accurately as possible but are not guaranteed. DCS is not liable for loss, including consequential loss, loss of profits and liquidated damages which may be incurred by the Client as a result of DCS failing to satisfy any of these dates.

9.3 If the estimated completion of the works is delayed by circumstances or events beyond the control of DCS including but not limited to, delays by DCS’s suppliers and/or sub-contractors, delays directly or indirectly caused by the Client, delay in giving DCS access to the Site in a condition that complied with clause 8.1 of these Conditions or industrial disputes, and irrespective of any other concurrent cause of delay for which DCS may be responsible.

(a) the Estimated Completion Date will automatically be extended by a reasonable period as determined by DCS; or

(b) DCS may terminate the Contract without any liability for breach of the Contract and DCS will be entitled to full payment for all Works completed.

9.4 If the Client causes DCS any delay, the Client will indemnify DCS for the damages amount specified in the quotation. If such amount is not specified then for all expenses incurred and losses suffered including consequential loss and loss of profit by DCS as a consequence of any delay caused or contributed to by the Client.

10. Cancellation

10.1 DCS may cancel delivery of goods and services at any time if conditions are in DCS’s judgement unsafe, unlawful or the premises and/or goods are unattainable at such time.

10.2 The Client must provide DCS with at least 48 hours notice in writing of any cancellation of works. Failure to do so will incur full payment of the original quoted time of labour on site payable by the Client.

10.3 Where a deposit has been paid to DCS, deposits are non-refundable.

10.4 If a Customer cancels or alters any order or part order for any product at any time after DCS has received the order then DCS reserves the right to charge to the Customer the cost of any products or materials already acquired for the Works together with cost of labour to the date of such cancellation or alteration.

11. Default by Client

11.1 If the Client defaults in the performance of any provision of the Contract or any other contract it has with DCS or if it commits an Act of Insolvency, then DCS may, at its option and without prejudice to any other rights it may have under the Contract or at law:

(a) exercise its rights under clause 11 of these Conditions.

(b) suspend or cancel any existing credit facilities available to the Client;

(c) suspend or cancel the performance of any part of or all of the Works then outstanding or outstanding under any other order or terminate the Contract; and

(d) set-off amounted owed to DCS by the Client under the Contract or as a result of any losses or damages or under any other account against any moneys owing to the Client by DCS.

12. Warranty

12.1 Under the Australian Consumer Law Statement, DCS goods come with guarantees that cannot be excluded under the Australian Consumer Law. The Client is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage from the manufacturer. The Client is also entitled to have the goods repaired and replaced if the goods fail to be of acceptable quality and the failure does not account to a major failure.

12.2 DCS grants a one year warranty for workmanship from the day of practical completion provided full payment has been made on all works supplied by DCS.

12.3 Warranties shall only be valid on exact location and works as carried out by DCS. The Client must provide original invoice for proof of works.

12.4 Any and all ongoing maintenance shall be carried out by DCS. Failure to do so shall void any warranty. It is the sole responsibility of the Client to contact DCS for any required maintenance.

12.5 Warranties will not be applicable in any of the following:

(a) The Customer continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.

(b) If the works fail due to fair wear and tear, any accident or act of God.

12.6 The Client shall inspect the goods and works on completion and must report any defects to parts or installation works within five working days in writing to DCS of any alleged defects, shortage in quantity or damage. The Client shall afford DCS an opportunity to inspect the alleged damage/defect within five working days from date of written notification received by DCS and give DCS the opportunity to made good to Australian and reasonable standards within fourteen working days.

12.7 If DCS must make a warranty inspection, DCS may charge the Client for all reasonable costs incurred including labour, travelling and other out-of-pocket expenses incurred if the fault or defect is deemed to be outside this warranty.

12.8 If DCS replace defective goods, ownership of those defective goods transfers wholly and unconditionally to DCS.

13. Customers Acknowledgements

13.1 It is the sole responsibility of the Client to check and confirm the order with DCS prior to accepting the Quote or requesting DCS commences Works. DCS will not be held liable for incorrect orders.

13.2 It is the responsibility of the Client to ensure that the Works can be completed without interruption, in a continuous work flow and on the mutually agreed date. DCS reserves the right to charge the Client any extra costs incurred by DCS by virtue of interruption including but not limited to additional return to site charges and travel costs. The Client shall be fully responsible to ensure that plumbing, electrical installations and any other installations not specified within this quotation do not foul the work area and associated areas. The Client shall be fully responsible for any necessary foundations.

14. Insurance and Compliance with Laws

14.1 The Client agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.

15. Limitation of Liability

15.1 It is an essential pre-condition of the Client using DCS services that the Client agrees and accepts that David Cameron Services Pty Ltd is not legally responsible for any loss or damage the Client may suffer related to the Client’s use of the services provided, whether from errors or from omissions in DCS documents or information, any goods or services DCS may offer or from any other use of services.

15.2 It shall be the Client’s own responsibility to ensure that any products, services or information available through any means meets the Client’s specific requirements. The Client acknowledges that such information and materials may contain inaccuracies or errors and DCS expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

16. Intellectual Property

16.1 DCS retains copyright and other intellectual property rights in all material it uses for the performance of the works.

16.2 Where DCS have designed or drawn plans for the Client, then the copywrite in those designs and drawings shall remain vested in DCS, and shall only be used by the Client at DCS’s discretion and with written consent to do so.

17. Disputes

17.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately and providing details of the dispute. Within seven days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.

17.2 At any such conference each party shall be represented by a person having authority to agree to resolution of the dispute. In the event that the dispute cannot be resolved, either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.

18. General

18.1 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

18.2 DCS shall not be held liable for any delays for work not being completed due to weather conditions, shortage of labour hire, machinery or materials availability outside the direct control of DCS.

18.3 DCS does not accept any responsibility for damage to property (including the building and any materials on premises) during works being carried out.

18.4 Unless expressly written by DCS, all descriptive specifications, drawings, dimensions and data appearing in catalogues and other literature supplied by DCS are approximate only and do not form part of the Contract.

18.5 The Client warrants the accuracy, completeness and reliability of any documents or other information provided by the Client to DCS relating to the works, unless otherwise stated in writing, and warrants it has a right to use any drawings or other material it has provided to DCS for the performance of the Works.

18.6 Any provision or clause of these Conditions which is void or unenforceable may be severed without affecting other provisions or clauses within these Conditions.

18.7 DCS may sub-contract its obligations under the Contract. The Client acknowledges that no subcontractor has authority to agree to any Variation of the Works on behalf of DCS.

18.8 The Client will not transfer or assign this Contract without DCS’s written consent.

18.9 Except as may be otherwise specified by DCS, the Contract will be governed by the laws of Australia and the Client submits to the non-exclusive jurisdiction of its courts.

19. Interpretation

19.1 Any reference in these Conditions to a work or expression used in the attached quotation or proposal will have the same meaning as in the quotation or proposal.

19.2 In these Conditions, unless the context requires otherwise: “Act of Insolvency” means the Client is made bankrupt or a bankruptcy petition is presented against it or an administrator, liquidator, provisional liquidator or a receiver is appointed in respect of the Client or an application is made for winding up or a winding up order is made in respect of the Client.

19.3 “Contract” means the agreement constituted by the quotation, estimate or proposal, these conditions and the Client’s order.

19.4 “Contract Sum” means the total price specified in the Contract as may be adjusted from time to time in accordance with this Contract including, without limitation, the value of Variations performed by DCS.

19.5 “Variation” means in increase, decrease, omission, substitution or other change to the scope of the Works, including, without limitation those arising from:

(a) particular site conditions, including ground conditions, ground levels or site allowances, which prevail at the Site and which were not made known to DCS by the Client at the date DCS gave its quotation or proposal or the Client made its order (whichever is the earlier);

(b) the final dimensions or specifications relating to any part of the Works varying from those specified in DCS’s quotation or proposal as a consequence of the Client providing incomplete, inadequate or incorrect specifications or information;

(d) any enactment, repeal or amendment of applicable laws and regulations.

19.6 “Works” means the works to be executed by DCS in accordance with the Contract including, but not limited to the supply of goods, materials or services including any Variations.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Jurisdiction

This Contract is subject to the laws of Victoria and Australia. If there is a dispute between the Client and DCS that results in litigation then you must submit to the jurisdiction of the courts of Victoria.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these conditions at any time. Please check these conditions regularly prior to engaging any Works to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible via the DCS website. If the Client chooses to use DCS services then DCS will regard that use as conclusive evidence of the Client’s agreement and acceptance that these terms govern the Client’s and DCS’s rights and obligations to each other.

David Cameron Services Pty Ltd Terms and Conditions
Version 1.0 – September 2019