Terms & Conditions

GENERAL

Application

1. These Terms and Conditions (‘T&C’) apply to all contracts between Enviroplus Products (ABN 33 147 347 019) (‘Enviroplus') and the customer (‘Customer’) of any:

1.1. Goods or products (‘Goods’); or

1.2. Rent of products (‘Rental’); or

1.3. Service agreement (‘Service’); or

1.4. Training service (‘Training’); or

supplied by Enviroplus on credit (if sold or supplied on credit) or otherwise (‘Contract’) whether they are signed by any party or not.

Interpretation

2. In these T&C:

2.1. ACL means the Australian Consumer Law which is contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

2.2. Business Day means a day other than a Saturday, Sunday or Public Holiday in the State or Territory where the Goods and Services are supplied.

2.3. CCA means the Competition and Consumer Act 2010 (Cth);

2.4. Customer means a person who acquires Goods and Services from Enviroplus;

2.5. Customer Order means any order or instruction given by the Customer to Enviroplus for the supply of Goods and Services, including, without limitation, any document entitled “Purchase Order” or any other document containing the description of the required Goods and Services, to be supplied by Enviroplus to the Customer;

2.6. Dollars means Australian Dollars (AUD$);

2.7. Event of Default means the occurrences set out in clause 50;

2.8. Goods and Services means any item or service of whatsoever nature supplied or to be sold or rented by Enviroplus to the Customer;

2.9. GST means the tax payable on certain goods within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

2.10. Metropolitan Area means the area which, in Enviroplus’s opinion, is within the metropolitan area of Adelaide, Brisbane, Melbourne, Perth or Sydney.

2.11. Special Order means items that are not normally kept in stock by Enviroplus and may be subject to additional costs.

2.12. Payment means any payment by the Customer for Goods and Services.

2.13. Payment Terms means Terms that have been agreed with Enviroplus.

2.14. PPSA means the Personal Property Securities Act 2009 (Cth);

Formation of contract

3. Enviroplus expressly rejects and is not bound nor is any contract formed between the parties by any conditional order made by the Customer.

4. A binding contract is formed when Enviroplus receives each and any Purchase Order and either sends a written acceptance to the Customer or supplies the Goods and Services pursuant to a Purchase Order, whichever occurs first and that contract will be bound by these T&C.

Orders and prices

5. Enviroplus reserves the right to accept or decline, in whole or in part, any Purchase Order for Goods and Services placed by the Customer.

6. The Customer waives any claim for shortage of any Goods and Services supplied by Enviroplus if the Customer has not lodged a written claim with Enviroplus within 7 days from the date of receipt of the Goods and Services by the Customer.

7. Unless otherwise stated, all prices for Goods and Services are exclusive of all applicable taxes and charges. Where the Goods and Services supplied are subject to GST, the Customer is liable to pay any applicable amount of GST at the same time as Payment is made.

8. The prices of any Goods and Services and any related specifications, are indicated by the price and specifications contained on Enviroplus’s website and/or any price-list, pamphlet or brochure or any information provided by Enviroplus to the Customer and are subject to change at the absolute discretion of Enviroplus without notice to the Customer. The final price shall be that contained in any final quotation or document supplied to the Customer in direct relation to the Goods and Services.

9. The Customer acknowledges and warrants that they are purchasing the Goods and Services for resale or commercial purposes and not for personal, household or domestic use.

10. Orders must be made using Enviroplus Code Number, as stated in the Pricelist of Enviroplus or on the website of Enviroplus. Enviroplus will not accept responsibility for wrongly supplied products where codes are incorrect or not quoted when placing orders.

11. Goods and Services ordered are the responsibility of the Customer to ensure the correct order is placed. Enviroplus will endeavour to clarify the order but will not be liable for any costs/damage whatsoever for incorrect orders being placed.

12. Orders placed for collection by the Customer will be returned to stock if not collected within 60 days of being notified the order is ready for collection. Any orders returned to stock will, where the Customer has paid, will attract a credit but no refund will be offered. A restocking fee may be charged and deducted from any credit given.

Delivery

13. All orders are subject to delivery fees payable by the Customer, unless agreed otherwise by Enviroplus.

14. Enviroplus will endeavour to dispatch all Goods and Services within any timeframe stipulated in a Purchase Order however it will not be responsible for any loss or damage arising directly or indirectly from the transit of the Goods and Services arranged by the Customer or the receiver of the Goods and Services.

15. Any time or date provided by Enviroplus for completion, delivery and/or dispatch is an estimate only and does not constitute a representation, or term of the contract, nor shall it be part of the description of the Goods and Services and is not of the essence of the contract. All branded pallets remain the responsibility of the Customer and the freight company.

16. Pallets must be returned to Enviroplus or exchanged in the same condition as received. Chep or Loscam pallets not returned will have a replacement cost charged to the Customer as a debt owing to Enviroplus .

17. Enviroplus is deemed to have delivered the Goods and Services (whichever occurs first) when they are:

17.1. collected by the Customer; or

17.2. made available for unloading at the Customer’s nominated delivery address.

18. Deliveries outside the Metropolitan area, unless at the Customer’s expense, will be by carrier selected by Enviroplus. At the sole discretion of Enviroplus, the Customer may nominate a preferred carrier.

19. The Customer is liable to pay for deliveries outside the Metropolitan area subject to the application of the published freight rate or as agreed between Enviroplus and the Customer.

20. It is the Customer’s responsibility to ensure the Goods and Services are suitable and sufficient for the Customer’s purpose. Enviroplus bears no liability for incorrect selection by the Customer and does not warrant that the Goods and Services are suitable for the Customer’s purpose.

Payment

21. Time for Payment for Goods and Services supplied by Enviroplus is of the essence.

22. Unless otherwise agreed in writing by Enviroplus, Payment for the Goods and Services must be made by the Customer in accordance with invoices issued by Enviroplus to the Customer. Enviroplus may, at its absolute discretion, require the Customer to pay a deposit. Where a deposit is required, this must be paid by the Customer prior to supply by Enviroplus.

23. Where no payment terms have been agreed in writing by Enviroplus, payment in full will be required prior to the dispatch of any Goods and Services except where only a Service is provided, payment will be due and payable in full at the completion of the Service.

24. At the end of each month, the Customer will receive a statement of account (‘Statement’), which indicates the total amount payable. Subject to the agreed Payment Terms between the parties, the balance of the Statement is payable in full and shall only be treated as being paid once the Payment has been received as cleared funds by Enviroplus.

Billing

25. The Customer acknowledges and agrees that where a quote is requested, a quotation fee may be payable if the job does not proceed.

26. The Customer acknowledges and agrees there may be additional fees payable in addition to the quoted price including but not limited to sundries and environmental levies.

27. The Customer acknowledges and agrees that additional charges including but not limited to freight delivery may be payable for non-stock items.

28. The Customer acknowledges and agrees there may be additional charges incurred for the assembly of Goods and Services purchased.

29. Where the Customer has provided budget data, Enviroplus will not be liable for any errors in the Customer’s budget data and the Customer acknowledges and agrees that where their order exceeds their budget, Enviroplus will not be liable for the excess and agrees to pay Enviroplus the invoiced amount.

Risk and retention of title

30. Unless otherwise provided in these T&C, the risk in the Goods and Services supplied by Enviroplus will pass to the Customer on delivery of the Goods and Services.

31. The Customer agrees that title to Goods and Services is retained by Enviroplus:

31.1 until it receives Payment in full for the Goods and Services; or

31.2. at all times for Goods and Services that are rented; and

31.3. until all other monies owing by the Customer to Enviroplus are paid in full.

32. Where the Goods and Services comprise a number of items, the title of Enviroplus in all items comprising the Goods and Services will not pass to the Customer until Payment in full is received for all items and all other monies owed by the Customer have been paid in cleared funds.

33. Prior to title in the Goods and Services passing to the Customer, the Customer agrees that:

33.1. it acts as bailee of the Goods and Services until such time as title in them passes to the Customer and that this bailment continues for each item of the Goods and Services;

33.2. it must keep the Goods and Services in good and merchantable condition and fully insure the Goods and Services against loss or damage however caused;

33.3. it must not sell the Goods and Services except with the prior written consent of Enviroplus;

33.4. it must not create any encumbrance over the Goods and Services which is inconsistent with Enviroplus’s title and ownership of the Goods and Services.

No sale by description

34. All descriptions, specifications and illustrations or any other information in relation to the Goods and Services contained in catalogues, price lists or other advertising material of Enviroplus or elsewhere are approximations only and intended by Enviroplus to be a general description for information and identification purposes and do not create a sale by description.

Returns and cancellations

35. Any cancelled Purchase orders, except Special Orders (Special Orders are not returnable), will result in the Customer being liable for the greater of a $30.00 processing fee or 10% of the order price for the costs of restocking. Special Orders cannot be cancelled or returned and the full amount is payable unless Enviroplus exercises its sole discretion to waive or discount the amount payable. The Customer must bear any costs associated with the return of Goods and Services, including freight costs which must be paid by the Customer prior to returning the Goods or Services.

36. Except as provided otherwise by the ACL, returns of all Goods and Services are subject to prior approval of Enviroplus at its absolute discretion upon a written request by the Customer made within 7 days from the date of delivery of Goods and Services. Goods must be unused, undamaged and in their original packaging and will be subject to inspection by Enviroplus quality control team who will have the final say as to the condition of the Goods and Services.

37. Servicing of Goods and Services may require order of parts. Any specially ordered parts required for the service cannot be cancelled once ordered. Any service that is cancelled prior to completion will incur the costs of the portion of the job completed and the parts used or ordered.

Warranties and liability

38. The Customer must inspect all Goods and Services immediately on delivery and must notify Enviroplus in writing of any inaccuracies, short supply or fault, damage or defect in the goods or rental items within 7 days of the delivery. The Customer will be deemed to have accepted the Goods and Services thereafter

39. If the Customer fails to notify Enviroplus under clause 38, Enviroplus will not be liable for any loss or damage arising out of or resulting from such inaccuracies or short supply of goods or rental items.

40. The Customer acknowledges that any manufacturer warranty may be voided if the manufacturer’s recommended maintenance programs on the goods or rental items are not complied with.

41. Certain guarantees cannot be excluded under the ACL. 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 the Goods and Services fail to be of acceptable quality and the failure does not amount to a major failure.

42. Enviroplus makes no express warranties or representations in relation the fitness for purpose of the Goods and Services.

43. Enviroplus will not be liable in any way whatsoever for the consequence of any representation or conduct made in connection with the Goods and Services whether by its employees, agents or sub-contractors or otherwise to the Customer or any third parties in relation to fitness for purpose. The Customer agrees that all such representations and/or advice are/is accepted or relied upon by the Customer entirely at the Customer’s risk.

44. Enviroplus’s liability to the Customer or any third parties (whether arising under statute, contract, tort (including negligence), equity or otherwise) for any defect in the Goods and Services, or the quality of the Goods and Services, will in all cases be limited to the cost of repair or replacement of such Goods and Services.

45. Subject to clause 47, to the extent permitted by statute, all warranties, T&C and guarantees (whether express, implied or applied, and whether given by Enviroplus, the manufacturer or a third party) pertaining to or in connection with the Goods and Services and any obligation of Enviroplus to replace or refund any Goods and Services again are excluded.

46. Enviroplus will not be liable for the following:

46.1. any consequential loss or damage of any kind suffered by the Customer as a result of the supply of the Goods and Services;

46.2. any loss of profits, loss of anticipated profits, loss of business, loss of reputation or goodwill, business interruption of the Customer;

46.3. failure of Enviroplus to perform any of its obligations if such a delay or failure is due to anything beyond Enviroplus’s reasonable control;

46.4. any losses caused directly or indirectly by any failure or breach by the Customer; and/or

46.5. any loss relating to the choice of the goods and how they meet the Customer’s purpose;

46.6. any losses caused by unavailability or outage of Enviroplus’s website, inaccuracies in the Enviroplus website or use of Enviroplus’s website or App generally

46.7. in any circumstances, any claim that exceeds the total amount of the price paid for the Goods and Services.

Indemnity and Waiver

47. The Customer agrees to indemnify and forever hold Enviroplus harmless from and against all liabilities, losses, damages, costs or expenses incurred or suffered by Enviroplus, and from and against all actions, proceedings, claims or demands made against Enviroplus, arising:

47.1. as a result of the Customer’s failure to comply with any laws, rules, standards or regulations applicable in relation to the Goods and Services or the use of the goods or rental items;

47.2. as a result of any other negligence or other breach of duty by the Customer’s in connection with the Goods and Services;

47.3. directly or indirectly from the Customer’s conduct; and/or

47.4. as a result of any breach of these T&C by the Customer.

48. Any failure of Enviroplus to enforce any of its rights under these T&C does not operate as a waiver of those rights.

Default and termination

49. In the event of default by the Customer, Enviroplus may terminate the Contract after providing 5 Business Days’ written notice to the Customer to remedy the default or breach.

50. Each of the following occurrences constitutes an event of default:

50.1. the Customer breaches or is alleged to have breached these T&C for any reason (including, but not limited to, defaulting on any Payment);

50.2. the Customer, being a natural person, commits an act of bankruptcy;

50.3. the Customer, being a corporation, is subject to:

50.3.1. a petition being presented, an order being made or a meeting being called to consider a resolution for the Customer to be wound up, deregistered or dissolved;

50.3.2. a receiver, receiver and manager or an administrator under Part 5.3A of the Corporations Act 2001 (Cth) being appointed to all or any part of the Customer's property and undertaking; or

50.3.3. the entering of a scheme of arrangement (other than for the purpose of restructuring);

50.3.4. the Customer purports to assign its rights under these T&C without Enviroplus's prior written consent;

50.3.5. the Customer ceases/threatens to cease conduct of its business in the normal manner.

51. On the occurrence of an event of default, all invoices issued by Enviroplus to the Customer will become immediately due and payable as a debt to Enviroplus.

52. Where an event of default occurs, until Payment in full has been received by Enviroplus, Enviroplus may:

52.1. terminate any or all orders and credit arrangements (if any) with the Customer;

52.2. refuse to supply Goods and Services;

52.3. repossess any Goods and Services supplied to the Customer, the Payment for which has not been received;

52.4. retain (where applicable) all money paid on account of Goods and Services or otherwise;

52.5. demand interest on unpaid Payments at Commonwealth Bank maximum overdraft rate for sums up to $50,000.00 and such interest shall be recoverable by Enviroplus as a debt from the Customer.

53. Subject to clause 52 and the PPSA, if the Customer fails to pay any amount of the Customer’s Payment(s) when it/they is/are due to Enviroplus, Enviroplus may without notice and without prejudice to any of its other rights and remedies recover and/or resell the goods. For that purpose, the Customer:

53.1. authorises Enviroplus (without prior notice to the Customer) to enter any premises where Goods and Services, the title in which remains in Enviroplus (‘Enviroplus’s Property’) may be situated and to use such reasonable efforts as may be required to enter any such premises and to take possession of Enviroplus’s Property;

53.2. undertakes to Enviroplus to procure the consent of all persons having any interest in the premises where Enviroplus’s Property may be situated, to entry of those premises by Enviroplus

53.3. indemnifies and keeps indemnified Enviroplus from all claims, actions or suits whatsoever out of or in connection with or in relation to the entry by Enviroplus to any premises where Enviroplus’s Property may be situated;

53.4. shall reimburse Enviroplus for all costs and losses incurred by it in recovering and/or reselling Enviroplus’s Property.

54. If the Customer adds any parts or accessories to Enviroplus’s Property, Enviroplus shall become the owner of those added parts and accessories as security for full Payment by the Customer of all monies due to Enviroplus for Enviroplus’s Property and the term Enviroplus’s Property for the purpose of this subclause shall be appropriately read in conjunction with these T&C and construed accordingly.

55. If the Customer substantially transforms Enviroplus’s Property, Enviroplus shall become the owner of those new Goods and Services or other goods as security for full Payment by the Customer of all monies due to Enviroplus for Enviroplus’s Property and the term Enviroplus’s Property for the purpose of this subclause shall be appropriately read in conjunction with these T&C and construed accordingly.

Notice

56. Where, pursuant to these T&C, a party is required to give notice to the other party, such notice must be in writing and it is deemed to have been given and served on a party:

56.1. if delivered personally, on the same day on which it was delivered;

56.2. if sent by post, it is taken to have been given on the day it would have been delivered in the ordinary course of post;

56.3. if sent by fax, at the time recorded on the transmitting machine;

56.4. if sent electronically, at the “time of dispatch” within the meaning of section 13 of the Electronic Transactions Act 2001 (WA).

Compliance

57. Enviroplus acknowledges that where the ACL applies with respect to Goods and Services, certain guarantees and rights are provided by the CCA and ACL:

57.1. any rights provided to the Customer by the ACL or CCA that by statute cannot be excluded that are inconsistent with any term of these T&C are to prevail over any terms of these T&C to the extent of the inconsistency;

57.2. nothing in these T&C purports to derogate from or exclude any rights provided by the ACL or CCA that by statute cannot be excluded or modified.

58. The Customer acknowledges and agrees that Enviroplus may register a security interest in the Goods and Services at any time before or after delivery of the Goods and Services. The Customer waives its right under section 157 of the PPSA to receive notice of any verification of the registration.

59. If the Customer defaults in the performance of any obligation owed to Enviroplus under these T&C, Enviroplus may enforce its security interest in any Goods and Services by exercising all or any of its rights under these T&C or the PPSA.

60. The Customer must promptly do anything reasonably required by Enviroplus including, but not limited to, executing documents to ensure that Enviroplus’s security interest is a perfected security interest & has priority over all other security interests in the Goods and Services.

61. Nothing in clauses 62-64 is limited by any other provision of these T&C or any other agreement between the parties. If a term used in these clauses has a particular meaning in the PPSA, it has the same meaning in those clauses.

62. The Customer must comply with all laws, bylaws and statutory and regulating authority applicable to the Customer and in particular without limitation all those relating to the environment, safety, dangerous goods, storage, handling, insurance and sale of goods supplied by the Enviroplus under these T&C and any Condition of Sale.

63. To the extent permitted by law, the Customer and Enviroplus agree that the following provisions of the PPSA do not apply to the enforcement by Enviroplus of its security interest in the Goods and Services: sections 95, 118, 121(4), 125, 130, 132(3)(d), 132(4), 135, 137, 142 and 143.

Recovery of costs

64. Any expenses, costs or disbursements incurred by Enviroplus in recovering any outstanding monies owing by the Customer, including debt collection fees and solicitor-client legal costs, must be paid by the Customer on a full indemnity basis.

Variations

65. These T&C may be varied unilaterally by Enviroplus at any time and in its sole discretion.

66. Any variations to these T&C will apply to every Purchase order made by the Customer and accepted by Enviroplus after the expiry of 7 days’ notice of the variation to the Customer. Notwithstanding any other provision of these T&C, notice may be affected for the purpose of this clause by provision of the new T&C as varied or by publication on Enviroplus’s website.

67. No variation to these T&C will apply with respect to any Purchase Order already made by the Customer before notice is given under clause 66.

Privacy and credit reporting

68. Enviroplus may collect information in relation to the Customer, for the purpose of providing the Goods and Services, in accordance with the laws relating to the collection and disclosure of personal information under the Privacy Act 1998 (Cth) as amended from time to time.

69. Where the Goods and Services are supplied on credit, the Customer irrevocably authorises Enviroplus, its employees and/or agents to make such inquiries as are deem necessary to investigate the Customer’s credit worthiness, including (without limiting) the making of inquiries from persons nominated as trade referees, bankers, or any other credit providers (‘Information Sources’) or credit reporting agencies, and the Customer hereby authorises the Information Sources to disclose such information to Enviroplus.

70. Enviroplus affirms that data collated in relation to the Customer, for the purpose of providing the Goods and Services will be stored in secure data bases including but not limited to the Customer Enviroplus Portal Data base and Asset Data in accordance with the laws relating to the storage of personal information under the Privacy Act 1998 (Cth).

71. Enviroplus may track the Goods and Services through live GPS tracking of the machines, as this allows Enviroplus to collect data in relation to machine remote diagnostic information, and this data will only be used in accordance with the laws relating to usage of such information under the Privacy Act 1998 (Cth), for its intended purpose.

72. If the Customer requests a custom feature be created on the Goods and Services , Enviroplus becomes and remains at all times the exclusive owner of the intellectual property created from the implementation of the feature. The Customer grants the intellectual property rights to Enviroplus created for the custom feature.

Force majeure

73. Enviroplus will not be liable for any delay in or failure of performance of supply or supply of Goods and Services caused by circumstances beyond its control including, but not limited to, strikes/industrial disputes, lock-outs, labour disturbances, acts of government, pandemic, riot, civil war, commotion, fire, flood, failure of power supply or similar event and shall not be liable for any consequential loss, damage or claim suffered by the Customer or any other party as a result of such event.

Severance and Governing Law

74. If a court of competent jurisdiction decides that any part of these T&C is invalid or unenforceable, then that part of the T&C will be modified (if possible) so as to make it enforceable. If it is cannot be modified, then it will be severed and the rest of the T&C will continue to operate.

75. This contract is governed by the laws of Western Australia.

76. Any legal action in relation to each contract against any party or its property may be brought in any court of competent jurisdiction in the state of Western Australia, and the parties submit to the jurisdiction of that state.

77. To the extent permitted by law, the Sale of Goods Act 1985 (WA) does not apply to any contract between Enviroplus and the Customer.

Entire agreement

78. These T&C will prevail over any terms, T&C, representations or understandings between the Customer and Enviroplus in relation to the Goods and Services, whether or not any inconsistency arises.

79. Every contract for the supply of Goods and Services pursuant to any Purchase Order or Enviroplus document containing the description of the Goods and Services incorporates these T&C and constitutes the entire agreement between Enviroplus and the Customer. All prior negotiations, proposals, previous dealings, correspondence, trade custom and/or trade usage are superseded by and will not affect the interpretation of the Contract.

80. The Customer acknowledges, represents and warrants to Enviroplus that in any decision or matter concerning or in connection with any Goods and Services it has relied solely on the terms expressed in these T&C and in writing in an Purchase Order for the supply of Goods and Services and has not relied on any prior negotiations, proposals, understandings, representations, or conduct of Enviroplus or Enviroplus’s employees or agents.

ADDITIONAL SPECIFIC SECTIONS

RENTAL

81. In relation to rental of the products, the Customer is the Lessee and Enviroplus is the Lessor.

82. The hire of the products commences from the date specified in the Rental Agreement and continues until the equipment is in Enviroplus’s possession and control and the equipment is serviceable and in good working condition.

83. Extension of the rental period will occur where:

83.1. agreed in writing by both parties; or

83.2. the Customer retains possession of the hire product(s) after the expiry of the agreed hire period, in which case the hire period will be extended for an additional month and renew for a further month at the expiry of each additional month’s rental until notice is provided by Enviroplus in accordance with clause 84

84. The Customer agrees to return the equipment upon demand from Enviroplus and the Rental Agreement may be terminated at any time by Enviroplus by providing the Customer 5 Business Days’ notice.

85. The Customer must insure any Rental products or agree to pay Enviroplus for such.

86. Rental Products returned in an unclean state will incur a cleaning fee.

87. Delivery and pick up will attract additional charges and the Customer acknowledges and agrees these charges may vary based on the delivery location and the product being delivered.

88. The Customer indemnifies and holds harmless Enviroplus from any damage, injury or death cause by the operation of the Rental products.

89. Billing and billing cycles will be in accordance with Payment and Billing in these T&C with the exception that Payments for Rentals will only be via credit card or direct debit.

90. The customer accepts liability for the loss and damage of the Rental products and any subsequent loss of ongoing rental charges, irrespective of how the damage occurred, including general wear and tear of the Rental Products, while in the Customer’s possession and agrees to fully reimburse Enviroplus for replacement value or cost of repair.

91. Enviroplus does not provide any guarantee to the condition, safety or suitability of the Rental products supplied and will attempt to rectify faults where possible on the job sites. In cases of minor damage and cleaning, the Customer agrees to accept any additional charges incurred. Where there is a breakdown of the Rental products, the Customer releases Enviroplus from any liability caused by the breakdown and Enviroplus will attempt to repair or replace the Rental product as soon as practically possible. The Customer is liable for the cost of any new hired equipment not returned to Enviroplus.

92. The Customer acknowledges and accepts that consumable items including but not limited to chemicals and brushes are not included in the Contract and will be incurred as an extra charge

SERVICE

93. Enviroplus will provide servicing of the Goods and Services as agreed between the parties.

94. The Customer acknowledges and agrees that the Goods and Services require routine and non-routine servicing and where the products are subject to Rental will enter into a Service Contract with Enviroplus to perform routine and non-routine servicing.

95. The Service will be charged in 15 minute increments or part thereof plus a call-out fee (dependent on distance travelled). These units of charge may be adjusted by mutual agreement.

96. Enviroplus will provide the Service with fully trained and competent technicians using genuine manufacturer parts. Manufacturer warranty will apply to replacement parts.

97. Enviroplus’s liability for defective workmanship will be limited to providing the Service again to rectify the issue.

98. The Customer will ensure access to the Goods and Services products at the allocated Service time and will be responsible for the safety of Enviroplus personnel. The Customer indemnifies and holds harmless Enviroplus from any liability due to death, injury or damage caused to its personnel or equipment while performing the Service.

99. Billing and payment will be in accordance with Payment and Billing in these T&C.

TRAINING

100. Enviroplus will provide training of the Customer’s personnel on the Goods and Services as agreed between the parties.

101. Where training is required, the Customer will enter into a Training Contract with Enviroplus to perform the training as specified in the purchase order or quotation.

102. The Training cost will include travel, course duration, setup and pack down.

103. Enviroplus will provide the Training with experienced and competent trainers.

104. The Customer will ensure access to the Goods and Services products at the allocated Training time and will be responsible for the safety of Enviroplus personnel. The Customer indemnifies and holds harmless Enviroplus from any liability due to death, injury or damage caused to its personnel or equipment while performing the Training.

105. Where training involves the issue of a certification under the National Training Framework, Enviroplus will use a third party to provide the Registered Training Organisation authority. Students will be assigned a Unique Student Identifier (‘USI’) in order to comply with the Student Identifiers Act 2014 (Cth).

106. The USI is required to be collected and reported to government departments but the information used to create the USI is destroyed after the USI is created. For more information go to https://www.usi.gov.au

107. Billing and payment will be in accordance with Payment and Billing in these T&C.