Service and maintenance specialists for commercial, industrial and residential properties
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STANDARD TERMS AND CONDITIONS – M.F.E. SERVICES PTY. LTD.
In this document the following words shall have the following meanings
“Customer” means any person who purchases Services from M.F.E. Services Pty. Ltd.
“Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed to in writing by M.F.E. Services Pty. Ltd.
This agreement between M.F.E. Services Pty. Ltd. and the Customer to supply and/or sale and/or maintenance of products and services (as described in the attached quotation) and includes all relevant schedules, forms, specifications, and referenced materials.
These terms and conditions supersede any other agreements (whether written or oral or emailed)
No variation, waiver or cancellation of the agreement will be effective unless signed in writing by each party and any failure by M.F.E. Services Pty. Ltd. to enforce any clause of this agreement will not be construed as a waiver of M.F.E. Services Pty. Ltd. under this agreement. This agreement applies whether or not it is signed below as long as the Customer has had an opportunity to view it.
- Quotation Validity
Unless otherwise agreed in writing, a quotation supplied by M.F.E, Services Pty. Ltd. valid for up to 30 days from quotation date, after which M.F.E. Services Pty. Ltd. reserves the right to amend or withdraw it.
- Price and Payment
Payment of the price shall be paid within 30 days net from invoice date. Payment can be made by EFT or cheque. Payment in arrears will be by prior agreement only.
M.F.E. Services Pty. Ltd. will send an electronic report of maintenance and testing to the customer. If any further copies are requested, in any format, there could be an additional administration charge.
M.F.E. Services Pty. Ltd. reserves the right to apply additional fees for late payment if not agreed by the company with the customer prior. Fees based at $50.00 per month on outstanding amount payable.
- Customer’s Obligations
To enable M.F.E. Services Pty. Ltd. to perform its obligations the Customer shall:
Co-operate with our technicians.
Provide M.F.E. Services Pty. Ltd. with any information reasonably required.
Keep M.F.E. Services Pty. Ltd. notified of their correct name, postal address and any phone or e-mail information.
Comply with such other requirements as agreed between the parties.
Comply with all other statutory requirements – particularly regarding date protection and confidentiality.
- Charges & Assumptions
Unless otherwise agreed in writing, charges for work performed:
Are based on work being carried out during normal working hours being 7:30am – 4:00pm Monday to Friday except for Public Holidays and subject to alteration by M.F.E/ Services Pty. Ltd.
Having continuous, uninterrupted, and unhindered access.
Do not cover extraneous work, patching/painting, working with asbestos, synthetic mineral fibres etc. and Excavation works.
Always provide a safe working environment and will not contain asbestos or similar materials unless
Advised before commencement.
Call out will incur charges in accordance with our contract schedule of rates for works outside the
Schedule maintenance and testing.
M.F.E. Services Pty. Ltd. shall endeavor to complete all works; however, delivery dates are estimates only and are subject to workflow demands and receipt of all information, permits required for us to proceed with any works.
All products supplied by M.F.E. Services Pty. Ltd. to the Customer under this agreement are covered by a minimum 12 months warranty and shall commence from the date of delivery or installation.
Any products under the warranty period that prove to be faulty will be either repaired or replaced by M.F.E Services Pty. Ltd.
The warranty provided under this agreement is subject to regular maintenance and testing by M.F.E. Services Pty. Ltd. to applicable Australian Standards and or Manufacturer’s requirements.
The parties agree that when claiming a defect due allowance shall be made for fair wear and tear of the product. Should the Customer or any other party attempt to conduct repairs, operate or modify the product,
M.F.E. Services Pty. Ltd. will be relieved of its obligations under the warranty provisions.
The warranty period does not cover damaged, negligence, fault, abuse and incorrect use or as a result of fire, water damage, vandalism and or power surges or any other circumstance outside of M.F.E. Services Pty. Ltd.
- Limitations of Liability
Nothing in these Terms and Conditions shall exclude or limit the liability of M.F.E. Services Pty. Ltd. for death or personal injury. However, the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services
M.F.E. Services Pty. Ltd. shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
- Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- Intellectual Property
M.F.E. Services Pty. Ltd. retains all rights, title and interest in any intellectual property including any designs, documentation, diagrams, or plans existing under or arising during this agreement.
The contents of our website may not be copied, reproduced, distributed, republished, displayed, posted, or transmitted in any form or by any means without the prior express written permission of M.F.E. Services Pty. Ltd.
Goods, Materials or Equipment supplied or installed on site, shall remain the property of M.F.E. Services Pty. Ltd. until paid for in full.
M.F.E. Services Pty. Ltd. will always maintain current Professional Indemnity, Public Liability and Work Cover Insurances.
If any party who wishes to terminate the agreement, they shall put it in writing with 14 days’ notice required. Any monies owing shall be paid in full prior to cancellation of the agreement.
M.F.E. Services Pty. Ltd. may perform any of its obligations through sub-contractors.
These Terms and Conditions shall be governed by and construed in accordance with the law of each state and or Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
- Hydrostatic Testing
M.F.E. Services Pty. Ltd. shall not be held responsible for any loss due to damage to property or injury/loss of life as a consequence due to the nature of the job of hydrostatic testing except where any such damages are caused by or contributed to by the negligence, breach or statutory duty or illegal activity of any member of M.F.E. Services Pty. Ltd. or sub-contractor.
What our Customers say
I am happy to act as a referee in support of MFE Services.
Being the Chairperson of the Committee of the Body Corporate of Sea Air CTS 37435, a mixed use commercial and residential building located at 141 Shore Street West, Cleveland, I have been the contact for the fire services contract for the building for several years.
A few years ago, our body corporate changed our provider of inspection, testing and maintenance for the building’s fire services from a large supplier of these services to MFE, a medium size enterprise.
MFE is very responsive and gives a much more personal service than occurred with the previous provider. Glenn makes it his business to be across any issues and maintains personal contact. I have also found his technicians, who I also get to talk to from time to time, also have a similar approach and are competent in their work. This means that I am able to get prompt and frank advice on existing or emerging issues, rather than third party advice via email trails. Their costs for any additional maintenance work outside the service contract are always reasonable. The body corporate has therefore continued to engage MFE Services as its fire services provider.
Accordingly, I am pleased to recommend MFE Services.
Over the past 14 years, we have engaged the services of MFE Fire Services at Trafalgar Towers to do our annual fire maintenance contract and all the associated repairs identified by this contract.
In the 14 years that I have managed Trafalgar Towers, I have found MFE to be completely reliable and competent. Not only have they attended to regular maintenance items without notification or request, but have provided detailed and accurate reports within a day or two at most. This is crucial in order to ensure rectifications are able to be carried out quickly as required by Queensland Fire and Emergency Services.
To that point, I have been audited by Queensland Fire and Emergency Services five times during my management period at Trafalgar. Not only were we always 100% compliant, we were congratulated for optimal record keeping and quick rectification of identified defects. I give full credit for that to the outstanding service that MFE provide.
In addition, not only does MFE carry out all of the required fire maintenance contract items, they also have a team of experts in other crucial areas such as fire doors, stairwell pressurization, smoked spill and ventilation exhaust monitoring. That assures me as manager that all our fire maintenance commitments are met satisfactorily to QFES standards.
Furthermore, at all times I have found MFE staff to not only be highly professional, but polite, considerate and willing to work with a variety of on-site clientele including permanent residents, live in owners and holiday guests, showing the utmost respect to minimise the impact of their work on occupants.
Over the years, we have compared MFE to other fire maintenance contract providers and while MFE is not always the cheapest, this service has always been complete with no hidden extras. When seeking comparison quotes, they may have quoted less, but as my colleagues in the industry have advised me after disappointment with others, you get what you pay for. That, without the hidden extras that other companies later include for repairs, gives me peace of mind and no desire to look elsewhere for this service.
MFE have been our preferred fire maintenance contractors for over 14 years because of their professional service and complete reliability. I am more than happy to discuss in person should you wish any further clarification on their