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Fire Services and Maintenance Agreement Terms and Conditions
**Version: 1.0.08/2024**
**Date: 08 August 2024**
1. **Scope of Services:** The agreement encompasses fire maintenance and servicing activities as outlined in the service schedule and incorporated herein by reference.
2. **Contract Duration:** The duration of services under this agreement shall commence upon the date of acceptance and shall continue for a period of 3 years from the initial start date.
3. **Termination Clause:** Either party may terminate this agreement at the end of the initial contract period of 12 months, provided that written notice is given at least 3 months prior to the termination date.
4. **Automatic Renewal:** In the absence of termination notice, the agreement shall automatically renew for successive terms of 12 months each, with a CPI increase applied annually.
5. **Billing and Invoicing:** The total annual amount shall be invoiced monthly, with adjustments made annually to reflect CPI increases.
6. **Payment Terms:** Monthly payment is the preferred method, and account setup shall reflect this preference. Payment shall be made within 30 days of receipt of invoice. Completion of one year of the contract is mandatory to cover incurred costs in case of termination requested by the contracting party.
7. **Additional Charges:** Additional charges may apply for logbooks or any other requested services beyond the agreed scope, as outlined in the service schedule.
8. **Proposal and Asset Fees:** The proposal is based on the number of assets listed/disclosed. Should additional assets be identified during inspection or disclosed, you agree that our services fees will be adjusted accordingly.
9. **Service Hours:** All maintenance and servicing activities shall be conducted during standard business hours, unless otherwise agreed upon by both parties.
10. **Callout Response Time:** MFE Services Pty Ltd commits to responding to any callouts within a period not exceeding three (3) hours, subject to normal travel conditions. Response times may be affected by unforeseen circumstances, including but not limited to traffic delays, weather conditions, or other emergencies beyond our control. By signing this agreement, the customer accepts this response time.
11. **Access Requirements:** It is required that clear access be provided for all properties and areas at the time of service. Should subsequent visits be required due to access not being provided, additional charges will apply, as per the schedule of rates. Furthermore, the scheduled amount is due each month regardless of whether access was provided. MFE Services will be provided access to keys, locks, and code boxes to carry out our services. It is the responsibility of the Building Manager to ensure that all access points are functional and secure.
12. **Operational Procedures:** Any specific procedures our staff are required to follow must be provided to our office in advance. This includes safety protocols, access instructions, and any special requirements for working on the premises.
13. **Tenant Notification:** MFE Services is not responsible for notifying tenants of scheduled maintenance or inspections. This responsibility lies with the Building Manager, who must ensure that all tenants are adequately informed in advance.
14. **Contact Information:** MFE must be provided with updated contact details for the on-site contact person. This information is crucial for effective communication and coordination during service visits.
15. **Remedial Works:** Any additional remedial works required beyond the scope of routine maintenance shall be subject to separate charges. Quotations for such works will be provided upon request.
16. **Essential Repairs:** Essential repairs, up to a maximum value of $300.00 plus applicable GST, shall be conducted on-site as necessary without additional charge.
17. **Respectful Communication:** MFE Services will not tolerate any form of abuse, offensive language, or inappropriate behaviour directed towards our staff. All concerns or complaints must be communicated to our office in a respectful and constructive manner. We are committed to resolving any issues promptly and professionally.
18. **Confidentiality:** MFE Services will maintain the confidentiality of all client information. We will not disclose any sensitive information to third parties without prior consent, except as required by law.
19. **Damage and Liability:** MFE Services will take all necessary precautions to prevent damage to property during service visits. However, we are not liable for pre-existing conditions or issues arising from external factors beyond our control. Any damage caused by our staff will be promptly reported and assessed for resolution.
20. **Insurance:** MFE Services Pty Ltd carries comprehensive insurance coverage, including public liability insurance. Proof of insurance can be provided upon request. It is the responsibility of the client to ensure that their own insurance policies are adequate and up to date.
21. **Health and Safety Compliance:** MFE Services adheres to all relevant health and safety regulations. It is the responsibility of the Building Manager to ensure that our staff have a safe working environment and that all potential hazards are addressed prior to service visits.
22. **Special Terms where applicable:** All works conducted or undertaken by MFE Services Pty Ltd are carried out with the utmost care. However, MFE Services Pty Ltd does not accept any responsibility or liability for fire alarm activations, water leaks, water damage, flooding, equipment damage, pipework damage or failures, lost productivity, loss or damage to stock, or injury to any person(s) during or after the completion of works. The performance of the (Hydrant) system, including its capability, quality, reliability, and performance, is not guaranteed. MFE Services Pty Ltd shall not be held liable for any damage, loss, costs, or other consequences related to any fire outbreak or incident.
23. **Third-Party Work:** The warranty provided by MFE Services Pty Ltd is immediately rendered null and void if any third-party work is performed on equipment that we maintain. Furthermore, MFE Services Pty Ltd shall not be held liable or responsible for any damages, malfunctions, or other issues that arise as a direct or indirect result of such unauthorised third-party interventions. Customers are advised to contact MFE Services Pty Ltd directly for all maintenance and repair work to ensure warranty protection and optimal equipment performance.
24. **Force Majeure:** Neither party shall be liable for any delay or failure to perform its obligations under this agreement if such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, or other labour disputes, government orders, or any other force majeure event.
25. **Dispute Resolution:** In the event of a dispute arising out of or in connection with this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the dispute to mediation. If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
26. **Indemnification:** Each party agrees to indemnify and hold harmless the other party, its officers, directors, employees, and agents from and against any and all claims, damages, losses, and expenses, including legal fees, arising out of or resulting from the performance of this agreement to the extent that such claims, damages, losses, or expenses are caused by the indemnifying party’s negligence or wilful misconduct.
27. **Intellectual Property:** All intellectual property rights in any materials provided by MFE Services Pty Ltd in connection with the services shall remain the property of MFE Services Pty Ltd. The client is granted a non-exclusive, non-transferable licence to use such materials solely for the purpose of receiving the services.
28. **Subcontracting:** MFE Services Pty Ltd may subcontract any part of the services to a third party, provided that MFE Services Pty Ltd remains responsible for the performance of the services and for the actions of any subcontractor.
29. **Non-Solicitation:** The client agrees not to solicit or hire any employees of MFE Services Pty Ltd during the term of this agreement and for a period of 12 months following the termination of this agreement, without the prior written consent of MFE Services Pty Ltd.
30. **Data Protection and Privacy:** MFE Services Pty Ltd shall comply with all relevant data protection and privacy laws. Any personal data collected during the provision of services shall be handled in accordance with these laws. The client agrees to provide any necessary consents for the collection and use of personal data as required by law.
31. **Weather Events:** MFE Services Pty Ltd reserves the right to reschedule service visits due to adverse weather conditions, including but not limited to severe storms, heavy rain, flooding, extreme heat, and strong winds, as well as any other weather-related events that may pose safety risks to our staff or affect the quality of our work. In the event of such conditions, we will notify the Building Manager as soon as possible and reschedule the service visit to the next available and safe date. MFE Services Pty Ltd shall not be held liable for any delays or disruptions caused by weather conditions.
32. **Updates to Terms and Conditions:** MFE Services Pty Ltd reserves the right to amend, modify, or update these terms and conditions at any time. Such changes shall become effective immediately upon posting on our website. It is the customer’s responsibility to review the most current version of the terms and conditions regularly. Continued use of our services constitutes acceptance of any revised terms and conditions.
33. **Governing Law:** This agreement shall be governed by the laws of Queensland, Australia. Any disputes arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Queensland.
34. During the Christmas shutdown period from 20th December 2024 to 6th January 2025, MFE Services Pty Ltd will provide emergency callout services only. Rates for emergency callouts during this period will align with the standard weekend rates outlined in the schedule of rates.
What our Customers say
As the owner and manager of a diverse portfolio of industrial and retail properties in the Brisbane area, I appreciate the partnership of MFE Services to improve fire services and safety. This has been built on mutual trust.
They have been supportive over the past 12 years of my efforts to increase compliance and safety overall. MFE has also provided HVAC/Fire Services which are crucial for integrating systems.
MFE has worked with tenants successfully to mitigate fire risk, adopting a consultative and collaborative approach with the tenants’ building managers.
This has covered a broad range of services and installations, identifying defects and rectifying them efficiently to ensure compliance. Extinguishers, Water Storage Tanks, Fire Doors, Hydrants – all are inspected, maintained efficiently. Service quality has been commendable.
MFE is very responsive, and service comes with a personal touch. The owner, Glenn, and his team are trusted advisers. They are proactive and efficient, raising issues and risks in a confident, positive manner which they act quickly to address.
MFE Services has provided annual fire maintenance contract and associated repairs over three years for Chateau Royale, our resort at Maroochydore.
With a focus on service, their staff are reliable and dependable with fire safety their top priority. The company is respectful to the various stakeholders at our luxury beachfront apartments and beach houses – live-in owners, permanent residents and holiday guests – while seeking to minimise the impact of work and service-related items.
While regular maintenance is professionally scheduled, the team is flexible and responsive to our needs. Ad hoc tasks can be undertaken without advance notification, which is crucial when carrying out rectifications required by the fire authorities.
MFE simplifies what can be complex situations by providing a broader range of services with its team of experts in other crucial areas such as fire doors, stairwell pressurization, and ventilation exhaust monitoring. This helps us meet fire standards requirements with a one-stop shop approach.
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