1. Acceptance of Terms
By requesting a quote, booking services, or engaging Parramatta Cranes in any way, the client agrees to be bound by these Terms and Conditions. These Terms and Conditions form a legally binding agreement between the client and Parramatta Cranes.
2. Scope and Limitation of Services
Parramatta Cranes is not a common carrier and assumes no obligations or liabilities of a common carrier. We reserve the absolute right to refuse to handle, lift, or transport any goods or perform any service at our sole discretion without providing reasons.
3. Payment Terms
Non-Credit Clients
All first-time and non-credit clients must pay in full either prior to commencement of work or immediately upon completion of the job. This includes all discounted or specially priced jobs.
Credit Clients
Invoices must be paid in full within the credit period stated on the invoice. Time is of the essence.
Any overdue amounts will attract interest at the rate of 2% per month, compounding monthly, from the due date until full payment is received.
4. Debt Collection and Recovery Costs
If the client fails to pay any invoice by the due date, the client is liable for all costs associated with recovery, including debt collection fees, legal fees on a solicitor-client (indemnity) basis, court costs, and administrative charges.
5. Suspension of Services
Parramatta Cranes may suspend or refuse further work where any invoice remains unpaid, without prejudice to any other rights.
6. Liability
Parramatta Cranes is only liable for loss or damage to property or goods where such loss or damage is directly caused by our proven negligence. We are not liable for consequential, indirect, or economic loss, loss of profit, delay, or business interruption.
All liability is strictly limited to the lesser of the cost of re-performing the services or the amount paid by the client for the relevant service.
7. Subcontracting
We may subcontract any part of the services. The client may only refuse a subcontractor for valid, substantiated reasons. The client indemnifies Parramatta Cranes against all claims, losses, or expenses arising from the actions or omissions of subcontractors except where proven negligence is established.
8. Weight and Description of Goods
The client must accurately declare the weight, dimensions, and nature of all goods. Parramatta Cranes relies entirely on this information. The client is responsible for all additional costs, damage, or delays caused by inaccurate declarations.
9. Insurance
Parramatta Cranes maintains insurance for motor vehicles, workers compensation, public liability, and legal liability for goods handled. Insurance for goods is not included unless expressly requested in writing by the client, paid for in advance, and supported by accurate descriptions and values. Insurance responds only to proven negligence.
10. Responsibility for Delays
Parramatta Cranes is not liable for delays, inconvenience, or loss caused by accidents, breakdowns, weather, site conditions, access issues, or events beyond our reasonable control.
11. Charges for Delays
Delays caused by factors outside our control will be charged at our standard rates. The client is responsible for all costs associated with delays caused by their instructions, including bogging, unsafe site conditions, or waiting time due to client inaction.
12. Credit with Parramatta Cranes
Clients seeking credit must complete a 30-day credit application. Approval is at our sole discretion. Clients without an approved credit account are subject to the payment terms for non-credit clients.
13. Security of Payment (NSW)
14.1 Application of Act
The Building and Construction Industry Security of Payment Act 1999 (NSW) (“SOP Act”) applies to all construction-related services provided by Parramatta Cranes.
14.2 Payment Claims
We may issue payment claims under the SOP Act at any permitted time.
14.3 Payment Schedules
The client must provide a valid payment schedule within the timeframe required by the SOP Act. Failure to do so results in liability for the full claimed amount.
14.4 Due Dates for Payment
Payment must be made within the timeframes prescribed by the SOP Act unless otherwise agreed in writing.
14.5 Adjudication
We may apply for adjudication if a dispute arises. Determinations are binding.
14.6 Suspension of Services
If the client fails to pay a claimed or adjudicated amount, we may suspend work after giving the required notice. We are not liable for any resulting loss.
14.7 No Contracting Out
Nothing in these Terms excludes or modifies the SOP Act.
14.8 Survival
This clause survives completion or termination.
14. Changes to Terms and Conditions
Parramatta Cranes may update these Terms and Conditions at any time. Continued use of our services constitutes acceptance of the updated Terms.
15. Governing Law
These Terms and Conditions are governed by the laws of New South Wales. The client irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.
By engaging Parramatta Cranes, the client confirms that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety.
