Terms & Conditions

  1. Definitions
    1. “MFM” means Mechfield Facility Maintenance Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Mechfield Facility Maintenance Pty Ltd.
    2. “Client” means the person/s ordering the Works as specified in any invoice, document or order, or any person acting on behalf and with the authority of the Client. If there is more than one, Client is a reference to each Client jointly and severally.
    3. “Works” means all Works (including services) or Materials (including Goods) supplied by MFM to the Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
    4. “Price” means the Price payable for the Works as agreed between MFM and the Client in accordance with clause 2 below.

 

  1. Price and Payment
    1. The Price shall be as indicated on invoices provided by MFM to the Client in respect of the Works supplied.
    2. MFM reserves the right to change the Price in the event of a variation to the quotation. In the event of any variation from the plan of scheduled works or specifications (including but not limited to any variation due to unforeseen circumstances for example, safety issues or as a result of increases to MFM in the cost of materials and/or labour) under these circumstances MFM reserves the right to cease all Works until such time as MFM and the Client agree to changes of the plans and/or specifications as outlined in the quote to incorporate such variances. The variances once approved shall be detailed in writing and charged for on the basis of MFM’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full as per clause 2.4.
    3. At MFM’s sole discretion a non-refundable deposit may be required.
    4. Time for payment for the Works shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated then payment will be due seven (7) days following the date of the invoice.
    5. Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to MFM an amount equal to any GST MFM must pay for any supply by MFM under this or any other agreement for the sale of the Works. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

  1. Acceptance
    1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of any Works.
    2. These terms and conditions constitute the entire agreement between the parties and supersede any prior understanding or agreement between the parties. MFM is not bound by any prior condition, warranty, indemnity or representation made by MFM, MFM’s employees or agents.
    3. These terms and conditions may only be amended with MFM’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and MFM.
    4. In the event that the Client is arranging or organising the supply of Materials and/or Works on behalf of a third party, then the Client acknowledges and accepts that they have the written authority to act as an agent on behalf of the third party and the client shall be responsible for payment of the Materials and/or Works in the event that the third party defaults in all or any part of payment of the Price.
    5. MFM shall only be responsible for their performance to the party that contracts them to undertake the Works and shall not be responsible to any third party irrespective of their relationship to the Client.
    6. Electronic Signatures shall be deemed to be accepted by either party providing the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 (Vic) or any other applicable provisions of the Act or any Regulations referred to in the same.

 

  1. Credit Account Terms
    1. This clause 4 applies to any Credit Account Application submitted to MFM by the Client.
    2. MFM may in its absolute discretion accept or reject a Credit Account Application from a Client. The Client agrees it is not entitled to any credit unless and until it receives notice in writing from MFM that credit has been approved and the maximum amount of credit approved (“Credit Limit”). Until the Client receives such written notice, any Works performed or Materials supplied by MFM will require payment in accordance with clause 2.4.
    3. Where MFM has accepted the Client’s Credit Account Application and the Client requests Works from MRM, time for payment for Works shall be in accordance with clause 2.4.
    4. Where the client is a Company, MFM may at its sole discretion require each Director of the Company to execute a Personal/Directors Guarantee and Indemnity as provided by MFM.
    5. MFM may at any time and in its absolute discretion, vary or terminate any credit granted to the Client upon written notice to the Client,
    6. The Client agrees that the Credit Limit is a maximum limit. The Client is required to ensure at all times that the aggregate amount of all outstanding invoices issued by MFM to the Client is less than the Credit Limit.
    7. Without prejudice to any other remedies MFM may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions MFM may reduce, suspend or terminate any credit granted to the Client upon written notice. If credit is terminated, all money payable by the Client to MFM becomes immediately due and payable. Where the Client completes a further Credit Account Application, that Application will not be in derogation of but in addition to any previous credit account terms existing, except as notified by MFM in writing. MFM will not be liable to the Client for any loss or damage the Client suffers because MFM has exercised its rights under this clause.

 

  1. Risk
  2. If MFM retains ownership of the Materials under clause 9 the risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery.
    1. If any of the Materials are damaged or destroyed following delivery but prior to ownership passing to the Client, MFM is entitled to receive all insurance proceeds payable for the Materials. The production of these terms and conditions by MFM is sufficient evidence of MFM’s rights to receive the insurance proceeds without the need for any person dealing with MFM to make further enquiries.
    2. MFM shall be entitled to rely on the accuracy of any plans, specifications and other information supplied by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, MFM accepts no responsibility for any loss, damages or costs whatsoever, resulting from the same.
    3. MFM shall not be liable for any loss or damage caused in accessing the work site beyond reasonable control of MFM (including, without limitation, to ceiling tiles and panels, face brickwork and rendered masonry services) which MFM may have to break into or disturb in performance of the Works), unless due to the negligence of MFM.
    4. MFM reserves the right to refuse to continue or to complete the Works in the event that MFM believes the site to be unsafe to either MFM’s employees and/or contractors and/or the Client’s property. In this event, the Client accepts MFM’s right to make the site safe before Works continue. The Client agrees to indemnify MFM against all additional costs incurred in such an event, with all additional costs detailed separately at the time of invoicing in accordance with Clause 2.2. MFM shall not be liable for any delays caused, loss, damages or costs resulting from an unsafe site.
    5. Where MFM is required to install the Materials the Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and MFM shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
    6. MFM reserves the right not to clean the site if animal faeces or other contaminants could cause a health issue for employees or contractors of MFM.
    7. The Client acknowledges that MFM is only responsible for parts that are replaced by MFM and that in the event that other parts/Materials, subsequently fail, the Client agrees to indemnify MFM against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising (including, but not limited to, loss of perishables, flooding and/or damage to clothing).

 

  1. Air Conditioning Risk
    1. Whilst the final location of the condensing unit is at the discretion of the Client, a charge will apply as a variation as per clause 2.2, if the Client requests the unit to not be located adjacent to the external wall, due to the underground piping required.
    2. The final location of the wall, window or floor unit must be determined on site by the Client.
    3. MFM shall upon installation ensure that all installed Materials meet current industry standards applicable to noise levels, however MFM cannot guarantee that noise levels will remain constant post installation as the Materials may be impacted by many factors such as the weather, lack of maintenance, tampering etc.
    4. In the event that any of the equipment needs to be relocated due to complaints from neighbours or local authorities, then the Client shall be responsible for any and all costs involved.
    5. The Client acknowledges and agrees that it is their responsibility to insure any equipment partly or completely installed on site, against theft or damage.
    6. In the event that the electrical wiring is required to be re-positioned at the request of any third party contracted by the Client then the Client agrees to notify MFM immediately upon any proposed changes. The Client agrees to indemnify MFM against any additional costs incurred with such a relocation of electrical wiring.  All such variances shall be invoiced in accordance with clause 2.2.

 

  1. Underground Locations
    1. Prior to MFM commencing any work the Client must advise MFM of the precise location of all underground services on the site and clearly mark the same. The underground mains & services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
    2. Whilst MFM will take all care to avoid damage to any underground services the Client agrees to indemnify MFM in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per clause Error! Reference source not found..

 

  1. Title (including any incidental items supplied as part of any Services)
    1. MFM and the Client agree that ownership of the Materials shall not pass until:
      • the Client has paid MFM all amounts owing to MFM; and
      • the Client has met all of its other obligations to MFM.
    2. Receipt by MFM of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
    3. It is further agreed that:
      • until ownership of the Materials passes to the Client in accordance with clause Error! Reference source not found. that the Client is only a bailee of the Materials and unless the Materials have become fixtures must return the Materials to MFM on request.
      • the Client holds the benefit of the Client’s insurance of the Materials on trust for MFM and must pay to MFM the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.
      • the production of these terms and conditions by MFM shall be sufficient evidence of MFM’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with MFM to make further enquiries.
      • the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for MFM and must pay or deliver the proceeds to MFM on demand.
      • the Client should not convert or process the Materials or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of MFM and must sell, dispose of or return the resulting product to MFM as it so directs.
      • unless the Materials have become fixtures the Client irrevocably authorises MFM to enter any premises where MFM believes the Materials are kept and recover possession of the Materials.
      • MFM may recover possession of any Materials in transit whether or not delivery has occurred.
      • the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of MFM.
      • MFM may commence proceedings to recover the Price of the Materials sold notwithstanding that ownership of the Materials has not passed to the Client.

 

  1. Personal Property Securities Act 2009 (“PPSA”)
    1. In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
    2. Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials that have previously been supplied and that will be supplied in the future by MFM to the Client.
    3. The Client undertakes to:
      • promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which MFM may reasonably require to:
        • register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
        • register any other document required to be registered by the PPSA; or
        • correct a defect in a statement referred to in clause Error! Reference source not found.Error! Reference source not found.Error! Reference source not found. or Error! Reference source not found.Error! Reference source not found.Error! Reference source not found.;
      • indemnify, and upon demand reimburse, MFM for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Materials charged thereby;
      • not register a financing change statement in respect of a security interest without the prior written consent of MFM;
      • not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials in favour of a third party without the prior written consent of MFM; and
      • immediately advise MFM of any material change in its business practices of selling the Materials which would result in a change in the nature of proceeds derived from such sales.
    4. MFM and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
    5. The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
    6. The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
    7. Unless otherwise agreed to in writing by MFM, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
    8. The Client shall unconditionally ratify any actions taken by MFM under clauses 10.3 to10.5.
    9. Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

 

  1. Security and Charge
    1. In consideration of MFM agreeing to supply the Works and/or Materials, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
    2. The Client indemnifies MFM from and against all MFM’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising MFM’s rights under this clause.
    3. The Client irrevocably appoints MFM and each director of MFM as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11 including, but not limited to, signing any document on the Client’s behalf.

 

  1. Default and Consequences of Default
    • Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of ten percent (10%) per annum (and at MFM’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Client owes MFM any money the Client shall indemnify MFM from and against all costs and disbursements incurred by MFM in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, MFM’s collection agency costs, and bank dishonour fees).
    • If MFM receives or recovers money in respect of a debt of the Client, MFM may use the money to pay off whichever debt or part of a debt MFM chooses and is not compelled to apply the money as directed by the Client or any other person.
    • Without prejudice to any other remedies MFM may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions MFM may suspend or terminate the supply of Works to the Client. MFM will not be liable to the Client for any loss or damage the Client suffers because MFM has exercised its rights under this clause.
    • Without prejudice to MFM’s other remedies at law MFM shall be entitled to cancel all or any part of any order of the Client which remains unfulfilled and all amounts owing to MFM shall, whether or not due for payment, become immediately payable if:
      • any money payable to MFM becomes overdue, or in MFM’s opinion the Client will be unable to make a payment when it falls due;
      • the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
      • a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

 

  1. Privacy Act 1988
    1. The Client agrees for MFM to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by MFM.
    2. The Client agrees that MFM may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
      • to assess an application by the Client; and/or
      • to notify other credit providers of a default by the Client; and/or
      • to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
      • to assess the creditworthiness of the Client.
      • The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
  1. The Client consents to MFM being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
  2. The Client agrees that personal credit information provided may be used and retained by MFM for the following purposes (and for other purposes as shall be agreed between the Client and MFM or required by law from time to time):
    • the provision of Works; and/or
    • the marketing of Works by MFM, its agents or distributors; and/or
    • analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
    • processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
    • enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Works.
  3. MFM may give information about the Client to a credit reporting agency for the following purposes:
    • to obtain a consumer credit report about the Client;
    • allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
  4. The information given to the credit reporting agency may include:
    • personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number);
    • details concerning the Client’s application for credit or commercial credit and the amount requested;
    • advice that MFM is a current credit provider to the Client;
    • advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
    • that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
    • information that, in the opinion of MFM, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);
    • advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
    • that credit provided to the Client by MFM has been paid or otherwise discharged.

 

  1. Delivery
    1. The times quoted for delivery are estimates only and MFM accepts no liability for failure or delay in delivery of the Works. The Client is not relieved of any obligation to accept or pay for Works by reason of any delay in delivery. Works may be delivered by instalments at the discretion of MFM.
    2. Risk in the Works passes on delivery to the Client.
    3. Any time or date given by MFM to the Client is an estimate only. MFM shall not be liable for any loss or damage whatsoever due to failure by MFM to deliver the Works (or any part of them) promptly or at all, where due to circumstances beyond the reasonable control of MFM.

 

  1. Warranties, Returns or Refunds
    1. Service under warranty shall only be available between the hours of 8:00am to 4:40pm Monday to Friday, and excludes public holidays, and warranty does not include routine maintenance service including filter cleaning, rectification of faults arising from power failure, misuse of equipment, lack of routine maintenance or operator error. Warranty for the purposes of this clause is either:
      • Installation warranty; a guarantee of workmanship and associated ductwork and materials on new installations for a period of 12 (twelve) months whereby MFM will repair the product in the event of any defect;
      • Service warranty; a guarantee of workmanship for service repair work for a period of 3 (three) months where the works will be performed again in the event of any defects associated with the initial service work.
    2. All costs of freight and travelling expenses associated with making a claim under this warranty are to be paid by the Client.
    3. Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
    4. MFM acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
    5. Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, MFM makes no warranties or other representations under these terms and conditions as to the quality or suitability of the Works and MFM does not provide any returns, credit or refunds. MFM’s liability in respect of these warranties in clause 15 are limited to the fullest extent permitted by law.
    6. If the Client is a consumer within the meaning of the CCA, MFM’s liability is limited to the extent permitted by section 64A of Schedule 2.
    7. If MFM is required to replace any Materials under this clause or the CCA, but is unable to do so, MFM may refund any money the Client has paid for the Materials.
    8. If MFM is required to rectify, re-supply, or pay the cost of re-supplying the Works under this clause or the CCA, but is unable to do so, then MFM may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works and Materials which have been provided to the Client which were not defective.
    9. Warranty on new capital equipment and new parts are subject to the manufacturer’s warranty. However, where permissible by law, the client must pay for all work undertaken in carrying out a repair if the manufacturer’s assessment determines the claim does not fall within the manufacturer’s warranty terms.
    10. The Client must provide proof of purchase and payment of that purchase to make a claim under any warranty.
    11. If the Client wishes to make a claim under this warranty, it should:
      • Phone: 1300 632 434
      • Email: orders@mechfieldfm.com.au

Notwithstanding anything contained in this clause if MFM is required by a law to accept a return then MFM will only accept a return on the conditions imposed by that law.

 

  1. Clients Responsibilities
    1. The Client shall ensure that MFM has clear and free access to the work site at all times to enable them to undertake the works. Failure to do so may result in further costs incurred by the Client. The Client authorises MFM to access the work site to carry out Works as requested by the Client. MFM shall not be liable for any loss or damage to the site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to the negligence of MFM.
    2. The Client acknowledges that in the event asbestos or any other toxic substances are discovered at the worksite that it is their responsibility to ensure the safe removal of the same. The Client further agrees to indemnify MFM against any costs incurred by MFM as a consequence of such discovery. Under no circumstances will MFM handle removal of asbestos product.
    3. The Client shall obtain at their own expense, all licenses and approvals that may be required for the Works. MFM shall not be held liable for the Client’s failure to comply with this clause.
    4. 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.
    5. The Client and MFM shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
    6. The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
    7. The Client shall give MFM not less than fourteen (14) days prior written notice of any proposed change of ownership or legal status of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by MFM as a result of the Client’s failure to comply with this clause.

 

  1. Building and Construction Industry Security of Payment Act 2002
    1. At MFM’s sole discretion, if there are any disputes or claims for unpaid Materials and/or Works then the provisions of the Building and Construction Industry Security of Payment Act 2002 may apply.
    2. Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payment Act 2002 of Victoria, except to the extent permitted by the Act where applicable.

 

  1. General
    1. The failure by MFM to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect MFM’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
    2. These terms and conditions and any contract to which they apply shall be governed by the laws of the state of Victoria in which MFM has its principal place of business, and are subject to the jurisdiction of the courts of in Victoria.
    3. Subject to clause 15 MFM shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by MFM of these terms and conditions (alternatively MFM’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Works).
    4. The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by MFM nor to withhold payment of any invoice because part of that invoice is in dispute.
    5. MFM may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
    6. The Client agrees that MFM may amend these terms and conditions at any time. If MFM makes a change to these terms and conditions, then that change will take effect from the date on which MFM notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for MFM to provide any Works to the Client.
    7. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
    8. MFM may cancel any contract to which these terms and conditions apply or cancel delivery of Works at any time before the Works are commenced by giving written notice to the Client. On giving such notice MFM shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to MFM for Works already performed. MFM shall not be liable for any loss or damage whatsoever arising from such cancellation.
    9. Where MFM has designed, drawn or quoted Works for the Client, then the copyright for any of these documents shall remain the property of MFM. The Client agrees that MFM may use (at no cost to MFM) for the purpose of marketing or tender purposes, any documents, designs, drawings, photographs or Materials which MFM has created for the Client.

 

  1. Preventative Maintenance Agreement
    1. The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by this clause 19 if the Client places an order for or accepts delivery of any Works under a Preventative Maintenance Agreement.
    2. Maintenance services to be carried out between 8:00am and 4:30pm Monday to Friday.
    3. Further service work and/or parts and equipment replacement are not covered under this agreement. These works will incur additional charges.
    4. This agreement does not include the costs of labour for diagnosing faults or any materials used in the replacing, making good, amending or renewing any broken, damaged, worn or defective equipment, or the supply of lubricants or refrigerant.
    5. MFM Service Technicians shall exercise all care and diligence whilst completing any works or servicing as to minimize inconvenience or disruption as much as possible and will report verbally and in writing of any urgent works required.
    6. MFM shall not be liable under this agreement for any loss or damage suffered by the owner, tenant or any 3rd party by reason of defective or improper working of the equipment or the breakdown of any part thereof or otherwise.
    7. MFM does not accept any responsibility for equipment if it is repaired, altered, interfered or adjusted in any way by persons other than the company’s representatives.
    8. This agreement shall remain in force until such time as it is terminated by either party with three (3) months’ notice in writing. In the event that the client does not provide the correct notice, a charge equal to 1 visit will be payable.
    9. Additional works carried out will be at our normal hourly rate of $110.00 + GST per hour (HVAC Calls). After hours callouts will incur a minimum (4) hour callout charge and will be charged at $165.00 + GST per hour.
    10. Inspection and condition reports will be submitted to the client within the Preventative Maintenance Reports submitted on the completion of the scheduled maintenance.
    11. Replacement of filters is not covered in this contract.
    12. Whilst MFM will use all best endeavours to complete the Scheduled Maintenances as close to the due date as possible, there may be instances out-side of our control that they are not carried out on the due date. Maintenances are scheduled in monthly blocks, and in the event that a maintenance is completed late, it will not affect the schedule of the following maintenance.
    13. At the conclusion of this contract for Preventative Maintenance, unless otherwise instructed, it will renew itself automatically for a period of One (1) years. All rates are to be adjusted by C.P.I. on an annualized basis.