Terms & Conditions

STANDARD TERMS

1. Westgate Fire Services Ltd (“Westgate Fire Services Ltd”) will complete the work described in the Quotation to which these Standard Terms are attached (the Works) in a competent and tradesman like manner to the reasonable satisfaction of the Customer in accordance with the Standard Terms and/or any relevant plans and specifications supplied in relation to the Works within the time limits (if any) specified or otherwise in a timely expeditious manner after commencement, the Scope of Works as defined in the quotation to which these standard Terms are attached, Westgate Fire Services Ltd will complete the Works in stages by the dates respectively stated for each stage in the Quotation to which these Standard Terms are attached.

All work will comply at least with the standards prescribed or enforced by any government or statutory body which regulates or supervises the activities of builders and tradesmen in the jurisdication in which the Works are being carried out (the county). Should time for completion of the Works be expressed as being of the essence in this contract the Customer shall allow fair and reasonable extensions in respect of any delay not caused or contributed to by act or default of Westgate Fire Services Ltd.

PAYMENT

2. Progress or final payment shall be made in cash, by company/bank cheque or Direct Bank Transfer failing which immediately upon receipt of the duly completed job invoice signed by Westgate Fire Services Ltd setting out the labour rates, hours worked, materials supplied, travel, service or other charges, or (where appropriate) a lump sum cost for the Works.

The actual cost to Westgate Fire Services Ltd of any action to recover amounts owing to it from time to time by the Customer shall be paid by the Customer to Westgate Fire Services Ltd. Such costs shall be added to and form part of any amounts recoverable by Westgate Fire Services Ltd. Westgate Fire Services Ltd has the right to stop work if any progress claims are not paid by the due dates on invoices and will not proceed with any works until a payment has been paid and the funds are cleared in our account.

The due date for payment on or before the 14 days from the date of the invoice. If payments defaults accrue we will register the default with credit watch once legal proceedings start.

INTEREST

3. Westgate Fire Services Ltd reserves the right at all times to charge the Customer interest on all amounts owing to Westgate Fire Services Ltd pursuant to this Agreement at the rate of 15% per month calculated from the date upon which such sum is due and compounding each month and payable up to the actual date of payment.

Such interest shall form part of the amount recoverable from the Customer by Westgate Fire Services Ltd and the Customer acknowledges by the entry into this Agreement that it is reasonable for Westgate Fire Services Ltd to charge interest pursuant to this clause.

VARIATIONS

4. This Agreement shall only be varied in writing signed by all of the parties hereto and the price of any agreed variation shall be added to or deducted from the contract price as is appropriate.

CERTIFICATES

5. If after commencement of the Westgate Fire Services Ltd deems that an Engineers and /or Surveyors Certificate and/or report is required before they can be effected. The Customer hereby authorises Westgate Fire Services Ltd to procure any such certification and/or report at its (the Cutomers) expense provided the cost hereof does not exceed £250.00. Where the expense or likely expense exceeds such sum Westgate Fire Services Ltd shall first obtain the Customers consent.

HOURS (of work)

6. Unless otherwise agreed, no part of the Works shall be executed outside Westgate Fire Services Ltd normal working business hours.

REGULATIONS

7. Westgate Fire Services Ltd will comply with all applicable provisions and requirements relevant to the Works and shall be responsible for the administration of its own business and personal arrangements and those of its employees in relation to the Income tax Assessment Act and all legislation and regulations applicable in the county in relation to payroll tax, annual holidays or annual leave, long service payments or superannuation or any other relevant statutory requirements.

INSURANCE

8. Westgate Fire Services Ltd shall insure and keep insured all persons (including itself) employed or engaged by it in or about the Works against liability at common law or under any legislation in relation to WorkCover applicable in the county or under a personal accident insurance policy.

If requested, Westgate Fire Services Ltd will provide the Customer with evidence that all such insurances have been effected and are current. Whilst the Works are being undertaken the Customer agrees to effect, maintain (and extend if applicable) all current Occupiers, Householders, House owners and Special Risks policies of insurance in respect of all contents, improvements and particular property found upon the site.

Nothing herein shall relieve Westgate Fire Services Ltd from maintaining full reinstatement policies of insurance in respect of the Works against all risks and liabilities usually associated with works of the nature described herein (including Public Risk and, where it employs labour, statutory WorkCover insurance).

DEFAULT

9. If Westgate Fire Services Ltd shall (a) become bankrupt or go into liquidation, or (b) subject to payment conditions not being met, wholly suspend the works before completion, or (c) fail to proceed with the Works with reasonable diligence or in a competent and tradesman like manner, or (d) fail to fully and punctually comply with a proper notice from the Customer requiring it to remove and replace defective work or materials, or (e) commit any breach hereof THEN in any such case the Customer may by notice in writing terminate this Contract. Such termination shall not prejudice the rights of the parties for antecedent breach.

GUARANTEE

10. Westgate Fire Services Ltd guarantee covers workmanship only, manufacturers guarantees cover the materials supplied. The Customer is not entitled to any other remedy including, without limitation, damages for consequential or indirect loss however it may arise. Westgate Fire Services Ltd shall be liable to the Customer only in respect of re-performing of the faulty/defective services.

ASSIGNMENT OF THIS AGREEMENT

11. This Agreement cannot be assigned by either party without the consent of the other save that Westgate Fire Services Ltd may sub-let to other trades and contractors any part of the Works.

UNINTERRUPTED ACCESS

12. This Customer hereby agrees to give Westgate Fire Services Ltd , its servants, sub-contractors or agents full and uninterrupted access to the site upon which the Works are being effected and further the Customer agrees to restrain and confine all domestic pets.

INSPECTIONS

13. For safety, the Customer and its authorised representatives shall have rights of access to and inspections of the Works upon reasonable notice and by Agreement with Westgate Fire Services Ltd. The Customer shall comply with all reasonable safety directions of Westgate Fire Services Ltd authorised representatives on site.

DEFECTS

14. Subject to clause 10, Westgate Fire Services Ltd agrees to rectify any faults that appear in the Works provided that Westgate Fire Services Ltd is notified in writing within the defects liability period of 52 weeks from practical completion and that such defects are caused by material and/or workmanship not in accordance with this Agreement. Minor settlement cracks and shrinkages common in works of the type undertaken are excluded.

NOMINATION OF MATERIALS

15. Where the Customer is entitled to nominate materials and/or fittings to be used in the Works it shall so nominate in writing within seven (7) day of Westgate Fire Services Ltd request.

16. If for any reason any materials and/or fittings as specified herein to be included in the Works are not available then Westgate Fire Services Ltd shall advise the Customer of such and the Customer agrees to select, by written notice, an alternative PROVIDED THAT if the Customer within seven (7) days of Westgate Fire Services Ltd request does not nominate an alternative then Westgate Fire Services Ltd shall be entitled to nominate an alternative at its discretion that as near as possible corresponds with the materials and/or fittings that are not available.

17. All materials and/or fittings the subject matter of this Agreement that are not fixed to the Works are the absolute property of Westgate Fire Services Ltd.

PRACTICAL COMPLETION

18. The Works shall be practically completed when Westgate Fire Services Ltd completes the Agreement in accordance with these Standard Terms except for minor omissions and/or defects BUT EXCLUDING any work or supply and installations being provided by any competent authority and/or utility or any part of the Works agreed to be carried out or arranged by the Customer.

NOTICES

19. All notices hereunder shall be deemed given if personally delivered or sent by facsimile or pre-paid ordinary post to the addresses set forth in the Quotation to which these Standard Terms are attached AND where post is used shall be deemed received two (2) clear days after such posting and in the case of a facsimile receipt shall be deemed upon the senders machine producing a report confirming transmission to the recipients machine.

ARBITRATION

20. Any dispute that may arise hereunder or in any way in connection with the Works and whether before or after the completion thereof or termination hereof shall be submitted at the instance or either party for arbitration by the president or chairman or a person holding an equivalent office of the trade association of builders existing from time to time in the county or their nominee.

CUSTOMER WARRANTY

21. The Customer warrants that he is the owner of the premises upon which the Works are to be carried out or otherwise authorised and empowered to require that the same be performed.

DEFINITIONS

22. To the extent of any inconsistency between the provisions in the Quotation to which these Standard Terms are attached and the terms on this page, the provisions in the Quotation to which these Standard Terms are attached shall prevail. Unless the context or subject matter shall otherwise require, the Customer and Westgate Fire Services Ltd shall include their respective successors and assignees, the singular shall include the plural and vice versa, and a gender shall include every other gender.

ACTS OF GOD

23. Westgate Fire Services Ltd accepts no responsibility or liability for any damages or losses arising from acts of God.

DAMAGES

24. Westgate Fire Services Ltd accept no responsibility or liability for any losses of any kind whatsoever including but not limited to electrical fusion, damage to any plant, building or installation and consequential damages or losses of any kind including liquidated damages resulting from the work carried out by Westgate Fire Services Ltd.

OTHER TRADES

25. Work by other trades such as patching, painting and making good are not included in the Works.

NSW DEPARTMENT OF PUBLIC WORKS AND SERVICES

26. The content of these Standard Terms and conditions shall be read with the provisions of the Building and Construction Industry Security of Payment Act 1999 (the Act) and in the event of inconsistency between the two, the Standard Terms shall prevail unless precluded by the Act.

PREVAILING CONDITIONS

27. Where the provision of these Standard Term conflict with any other terms and conditions of the Agreement between Westgate Fire Services Ltd and the Customer, the Standard Terms shall apply to the extent that any other terms or conditions in conflict with the Standard Terms herein shall be regarded as being deleted from the agreement.

Thank you for taking the time to review our Terms and Conditions. By using our website, products, and services, you agree to be bound by these terms and conditions of use. If you do not agree to these terms, please do not access our website, products, or services.

Our Terms and Conditions outline the rules and regulations that govern the use of our website, products, and services. It’s important that you read and understand these terms, as they contain important information about your rights and responsibilities when using our website and engaging with our services.

If you have any questions or concerns regarding our Terms and Conditions, please do not hesitate to contact us at Info@westgatefireservices.co.uk. We are always available to address any questions or concerns you may have.