Terms & Conditions
1. ACCEPTANCE OF OFFER
1.1
By placing an order or instructing Mobiletronix to proceed with the proposed Works, the Client hereby accepts these Terms and Conditions. All other prior representations (written or oral) and any terms and conditions contained in the Client’s enquiries, orders, confirmations, contracts or delivery notes and any other such document unless accepted in writing by Mobiletronix are hereby excluded.
1.2
The agreement between Mobiletronix and the Client is comprised of the following documents:
(a) the Proposal
(b) these Terms and Conditions,
(c) any terms and conditions of the Client (if accepted by Mobiletronix in writing).
1.3
To the extent of any inconsistency or discrepancy between any or all of the documents listed in clause 1.2, they shall be relied upon and interpreted in descending order of precedence from clause 1.2(a) to (c).
​
2. PRICE
2.1
The Prices remains valid for a period of 30 days from the date of the Proposal. Mobiletronix will confirm any changes to the Price if the Client wishes to place an order after 30 days have elapsed.
2.2
Unless otherwise provided in the Proposal, the Price is based on the cost of labour and materials as at the date of the Proposal and is subject to price variation in accordance with the National Electrical and Communications Association (State Chapter) Standard Price Variation Formula.
2.3
The Price is exclusive of GST. The Client must pay GST in addition to the price, which will be separately shown on tax invoices issued by Mobiletronix.
2.4
In the event that any new tax is imposed, or any current tax rate is increased, that increases the cost of materials, services or labour used by Mobiletronix, the Client agrees that Mobiletronix may increase its prices so that the extra costs are incurred by the Customer.
2.5
The Price is payable in Australian Dollars unless otherwise provided in the Proposal.
​
3. PAYMENT STRUCTURE AND TERMS
3.1
Mobiletronix terms of payment for all invoices are 30 days from the date of the relevant tax invoice.
3.2
Where the provision of Goods and Services extends beyond any calendar month, a Monthly Progress Claim will be made each month for the value of Goods supplied and Services completed, and materials delivered to the Site in that calendar month.
3.3
Mobiletronix payment structure is as follows:
For Installation Works: Monthly Progress Claims will be made for:
(a) all unfixed materials at Site;
(b) all materials and equipment stored off Site due to delays in construction or unavailability of Site access;
(c) all variation works in progress;
In addition, Mobiletronix may also make an Initial Progress Claim for up to 10% of the contract value for mobilisation, project setting up, commitment for procurement of materials and subcontracts and other costs and obligations incurred at the commencement of the project.
Monthly Progress Claims will be made for up to 95% of the value of work completed and the remaining 5% on a sign Completion Docket.
All Service and Maintenance work will be 100% invoiced upon job completion.
3.5
If the provision of Goods and Services is delayed, Mobiletronix reserves the right to make an Initial Progress Claim for all materials ordered and all Goods supplied, and Services performed to date.
3.6
Where the provision of Goods or Services requires Mobiletronix to order or purchase specialist materials or equipment, or materials or equipment of a nature or in a quantity that would preclude Mobiletronix from using it within a reasonable time on another project, Mobiletronix may require the Client to pay for such materials or equipment upfront.
​
4. COST SCHEDULE OR COST BREAK-UP
Where a schedule or cost break-up is provided by Mobiletronix (either as part of the Proposal or otherwise), it is indicative only and not to be used by the Client for assessment of any variations, Initial Progress Claims or Monthly Progress Claims.
​
5. PRICE BASIS AND EXCHANGE RATES
5.1
The Price is conditional on Mobiletronix being able to order materials and store these materials either on Site or off Site with storage certificates issued and payment of materials so held.
5.2
Where Mobiletronix must import Goods, the price of the Goods is based on the applicable exchange rate at the time of the Proposal. If, at the time that Mobiletronix purchases the equipment, the applicable exchange rate is more or less than 5% from the exchange rate specified in the Proposal, Mobiletronix will adjust the price of the Goods accordingly. The Client agrees to pay for any increase in the Price as a result of a change in the applicable exchange rate.
​
6. TITLE AND RISK IN GOODS
6.1
Title for any Goods will remain the property of Mobiletronix until the Goods are paid for in full. The Client acknowledges and authorises entry to allow of Mobiletronix to recover any Goods for which payment has not been received.
6.2
Where Goods have been delivered to the Client (whether or not at the Project Site) and/or installed by Mobiletronix, the property and risk in the Goods shall pass to the Client.
​
7. PROVISION OF GOODS AND SERVICES
7.1
Mobiletronix will carry out the Services and supply the Goods based on a normal week of 38 hours over 5 Business Days.
7.2
Any programme of work is to be mutually agreed between the Client and Mobiletronix.
7.3
Unless otherwise provided in the Proposal, Mobiletronix has not made any allowance for any Site inductions. If Site inductions are required, Mobiletronix will charge the Client in accordance with its standard hourly rates (as set by Mobiletronix from time to time).
7.4
Completion Dates are subject to change and the Client acknowledges that they should be treated as estimates only. Mobiletronix will use reasonable endeavours to meet anticipated Completion Dates but does not accept any liability for failure to provide the Goods and Services by a specified Completion Date unless otherwise expressly stated in the Proposal.
7.5
The Proposal is based on the equipment/plant conditions at the Site at the time of the Proposal. Mobiletronix can only provide the Goods and Services at the Price if the Site equipment/plant is in the same condition as stated when the Proposal was prepared. If the equipment/plant conditions at the Site change to the extent that Mobiletronix considers that it cannot provide the Goods and Services as set out in the Proposal, Mobiletronix reserves the right to increase the Price (or extend the Completion Date if applicable).
7.6
The Client must provide Mobiletronix with free and unrestricted access to the Site and all required work areas and work faces as required by Mobiletronix to provide the Goods and Services. Any delays in accessing the Site, work areas or work faces will be charged at Mobiletronix’ standard hourly rates (as set by Mobiletronix from time to time).
​
8. UNIT RATES
Where unit rates are provided in the Proposal, these are based on the quantities being within 5% of the quantities nominated in the Proposal and for the quantities and equipment locations to be confirmed before the Goods and Services are provided. Mobiletronix may charge the Client for any further additions, deletions or relocations after the provision of the Goods or Services has commenced, based on the individually applicable situation.
​
9. SPECIAL PAYMENT, SITE ALLOWANCE AND/OR SPECIAL ALLOWANCE
Unless specifically stated in the Proposal, no provision has been made for the payment of any special allowances, special site agreement, special award or disability allowances. Where Mobiletronix is required to make such payments, Mobiletronix will charge the Client these amounts as an additional sum.
​
10. SECURITY
10.1
If specifically stated in the Proposal, Mobiletronix agrees to provide security for Mobiletronix’ performance of its obligations under this Agreement in accordance with clause 10.2 (Security).
10.2
Mobiletronix can, in its discretion, provide Security by either:
(a) agreeing that the Client retains 10% of the amount of each Monthly Progress Claim up to a maximum cumulative amount of 5% of the Price;
(b) or providing to the Client single or multiple insurance bonds or other performance undertakings, at Mobiletronix’ discretion, in the cumulative amount of 5% of the unadjusted Price.
10.3
The Client may have recourse to the Security only where:
(a) Mobiletronix has committed a material breach of its obligations under this Agreement; and
(b) Mobiletronix has failed to remedy the material breach within 30 days’ notice from the Client or such longer period as may be reasonable in the circumstances; and
(c) an amount is due and payable by Mobiletronix to the Client; and
(d) the Client has given Mobiletronix 7 days’ notice in writing of its intention to have recourse to the security.
​
11. LIQUIDATED DAMAGES
Liquidated damages shall not apply unless Mobiletronix agrees in writing that liquidated damages can be charged by the Client. If Mobiletronix agrees that liquidated damages are applicable, any liquidated damages shall be limited to a maximum of 0.5% of the net Proposal amount per week to an overall maximum of 5% of the net Proposal amount. The Client shall only be entitled to charge liquidated damages where Mobiletronix is solely responsible.
​
12. INFORMATION
All descriptive specifications, illustrations, drawings, dimensions and other similar material furnished by Mobiletronix in the Proposal are indicative only and are intended to be a general description of the goods or service and do not form part of this Agreement unless specifically identified as such by Mobiletronix in writing.
​
13. WARRANTY
13.1
Mobiletronix warrants that Goods have been installed in a proper tradesman-like manner in accordance with standard installation practices, for a period of 12 months from the Completion Date. This warranty is given in addition to other rights and remedies of the Client under a law in relation to the Goods or Services.
13.2
The warranty in clause 13.1 excludes fair wear and tear, incorrect use or misuse by the Client. The warranty is limited to Mobiletronix making good or replacing those parts found to be incorrectly selected by Mobiletronix, connected or fitted on the basis that the Goods will be returned to Mobiletronix by the Client at the Client’s expense.
13.3
Where Goods supplied to Mobiletronix by third parties are defective, these Goods are subject to the manufacturer or supplier warranty.
13.4
By law Mobiletronix is required to state:
“Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to be a major failure.”
​
14. INTELLECTUAL PROPERTY RIGHTS
Mobiletronix retains all Intellectual Property Rights in any technical information, consisting of drawings, specifications, calculations, design and other materials used by Mobiletronix to prepare the Proposal or in the provision of the Goods and Services. The Client must not copy or disclose to any third party any materials containing Mobiletronix’ Intellectual Property Rights unless authorised by Mobiletronix in writing.
​
15. ASBESTOS, PCBS AND OTHER HAZARDOUS SUBSTANCES
Unless specifically stated in the Proposal, the Price assumes that the Goods and Services for which the Proposal is submitted will be provided in an environment free of asbestos, PCB and other hazardous substances. The Client accepts full responsibility for the resolution of any problems and for any delays and additional costs which may result from the presence of these materials in or about the Site or workplace where the Goods and Services (or any part thereof) are to be provided or performed.
​
16. DELAYS, CANCELLATION AND TERMINATION
16.1
If Mobiletronix cannot provide Goods and Services due to factors outside of its control at any particular time and no alternative activities can be undertaken by Mobiletronix to provide the Goods and Services, Mobiletronix may charge the Client a cancellation fee or re-scheduling fee.
16.2
Mobiletronix may at its option and at any time, and without cause, cancel any unshipped Goods or unperformed Services and terminate this Agreement by written notice to the Client.
16.3
On the occurrence of clause 16.2, the Client shall only be obliged to pay for all Goods shipped and accepted and all Services performed prior to the date of cancellation.
​
17. FORCE MAJEURE
17.1
Where a circumstance or event beyond the reasonable control of the Client or Mobiletronix causes a delay to the Completion Date (“Force Majeure Event”), Mobiletronix may, at its sole discretion, extend the Completion Date. Force Majeure Events shall include fire, tempest, government intervention and acts of God, shortages of material, labour or utilities of Mobiletronix or its subcontractors or suppliers.
17.2
If a Force Majeure Event continues for ninety (90) days or longer, Mobiletronix or the Client may cancel any undelivered Goods or unperformed Services, and the Client shall only be obliged to pay for all Goods shipped and accepted and all Services performed prior to the date of cancellation.
​
18. DISPUTE RESOLUTION
18.1
In the event of a dispute arising between the parties, both parties shall genuinely attempt amicable resolution by conference between authorised representatives of the parties.
18.2
If the parties fail to resolve their dispute in accordance with clause 18.1, the dispute must be referred to mediation.
18.3
The choice of a mediator shall be mutually agreed between the parties or, failing agreement, chosen by the Chair of Contractor Accreditation Limited.
18.4
The parties must each pay half the costs of the mediator incurred by the mediation.
18.5
The parties must each provide all information and assistance reasonably requested by the mediator.
​
19. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the Northern Territory.