1. Application of These Terms  and Conditions 

The Client acknowledges that, prior  to placing an order with Leading  Contractor Services Pty Limited  (LCSair), the Client has read and  agrees to the terms and conditions  as set out below. 

These Terms, as amended or  replaced from time to time, apply to  any Goods or Services supplied or to  be supplied by LCSair to the Client. 

2. Definitions 

“Agreement” means any order, offer,  agreement, sub-contract, contract, or other document. 

“Client” means purchaser, customer,  buyer, agent, principal, head  contractor/contractor whether a  natural person or body corporate or  otherwise as the case may be. Any  reference to the Client also includes  its respective successors or  permitted assigns. The singular  includes the plural and the converse.  If the Client constitutes more than  one person or entity, the Terms bind  each of them Jointly and severally. 

“Deposit” means 50% of the amount  set out in the Quotation. 

“Document” has the same meaning  as in the Dictionary to the Evidence  Act 1995 (NSW). 

“LCSair” means Leading Contractor  Services Pty Limited ABN: 23 069  576 914 trading as LCSair. 

“Fee” means the fee set out in the  Quotation or the Agreement. 

“Invoice” means any invoices,  progress claims or payment claims  issued by LCSair to the Client. 

“Goods” means any goods set out in  the Quotation or the goods that the  Client requests LCSair to provide  under written instruction or that are otherwise agreed by the parties in  writing. 

“Normal Working Hours” means  7:30am to 5:00pm, Monday to  Friday. 

“PPSA” means the Personal  Property Securities Act 2009 (Cth).  The terms Register, Purchase  Money Security Interest, Security  Agreement, Security Interest,  Verification Statement, Financing  Statement, and Financing Charge  Statement have the meanings given  to those terms under the PPSA. 

“Quotation” means the Quotation attached to these Terms and Conditions. 

“Services” means any services set  out in the Quotation or the services that the client requests LCSair to provide under written instruction or  that are otherwise agreed by the  parties in writing. 

“Site” means the site in relation to which the Goods and/or Services are to be provided. 

“Terms” mean these Terms and Conditions. 

“WHS Requirements” means the  requirements of any legislation or  advisory standard relating to  workplace health and safety,  including the Work Health and  Safety Act 2011 (NSW) and the  Work Health and Safety Regulations  2011 (NSW) and similar legislation in other States and Territories. 

“Works” means the provision of the Goods and/or Services at the Site. 

3. General 

The Terms shall be deemed to be  incorporated into any Agreement  between LCSair and the Client and  will prevail over any terms and conditions contained in any agreement to the extent of any inconsistency. 

The Client must not assign any of its  rights under the Agreement without  the prior written approval of LCSair. 

The Client may vary the Goods  and/or Services at any time in writing  but accepts that this may change the  Fee, in which case LCSair will notify  the Client of the proposed new Fee.  If the Client does not agree with  such proposal. LCSair will be  entitled to a reasonable adjustment  to the Fee. Any changes to the  Goods and/or Services will be  subject to thew same terms and  conditions as set out in these Terms.  Any other variation to these Terms  must be agreed by the parties in  writing. 

These Terms override any terms  that the Client may provide unless  expressly agreed to in writing by  LCSair. 

4. Authority 

The Client expressly warrants that  the Client has authority to accept  these Terms, whether, or on behalf  of another. 

In circumstances where the Client  accepts these Terms with authority and on behalf of another and the  Client does not have such authority,  the Client will be liable for any  amounts due under these Terms or  any subsequent Agreement (as the  case may be) and will fully indemnify  LCSair in respect of such amounts. 

5. Goods and Services 

LCSair will provide the Goods and/or  Services for the benefit of the Client:

a. In a good, workmanlike and  commercially reasonable manner. 

b. In accordance with the methods,  practices and standard of diligence and care normally expected by similarly qualified and experienced persons in the  performance of comparable services; and

c. In accordance with these Terms. 

If the quotation is accepted, the  Client acknowledges that the  commencement and completion  dates for the Works may vary and be  subject to the provision of the Goods  from the manufacture to LCSair. 

At LCSair’s sole discretion, this  Quotation is subject to a final Site  inspection by LCSair. 

All areas, the subject of the Works,  must be clean and free of debris and  be ready for the Works to be undertaken by LCSair upon the  commencement date of the Works.  The condition of the Site may impact  upon the Quotation and the commencement and completion dates for the Works. 

The Works will be undertaken during  Normal Working Hours. If any Works  are to be undertaken outside Normal  Working Hours, the client will agree to an uplift in the Fee calculated by  LCSair. 

The Works will be undertaken during  Normal Working Hours if any Works  are to be undertaken outside Normal  Working Hours, the Client will agree to an uplift in the Fee calculated by  LCSair. 

Variation to the Works must be  provided by the Client to LCSair in  writing. 

LCSair discloses and the Client  acknowledges that LCSair is not  required to maintain contract works  insurance in respect of the Goods  and/or Services supplied by LCSair  under these Terms or any Agreement. 

6. Quotation 

LCSair will give the Client a quote  specifying the Goods and/or  Services to be supplied by LCSair to  the Client. 

7. Acceptance of Quotation

Orders for Goods and/or Services  must be confirmed in writing. Until  written confirmation and the 50%  Deposit is received by LCSair, no  Goods and/or Services will be  provided. 

Quotations are valid for a period of 30 days from the date of issue,  unless otherwise stated at the  absolute discretion of LCSair. 

Any Quotation provided by LCSair is  a mere invitation to treat and is not a  contractual offer. Acceptance of an  order from a submitted Quotation is  subject to a final approval from  LCSair. 

The Client must not disclose any  Quotation or accompanying  documentation to any third party  without LCSair’s prior written  consent. Any documentation which  accompanies a Quotation is  preliminary information only and is in  no case to be considered as a  warranty regarding the quality of the  relevant Goods and/or Services. 

8. Cancellation of Order 

If an order is cancelled by the Client,  the Client will indemnify LCSair  against all losses and liabilities  arising by virtue of such cancellation. 

Restocking fees may apply for items  ordered and received by LCS  (restocking fees will reflect suppliers’  fees with no additional markups) 

9. Passing of Risk and Title

Risk in respect of the Goods will  pass to the Client immediately at the  time LCSair issues the Invoice. 

The title of the Goods delivered  remains with LCSair until LCSair has received full payment for the Goods  and/or Services. 

If LCSair delivers and/or installs any  Goods prior to payment in full by the  Client, the Client: 

a. Must hold the Goods as fiduciary  agent and bailee for LCSair; 

b. Must keep the Goods separate  from its own goods and those of  third parties in a way which allows the Goods to be readily  identified and cross-referenced to  invoices were reasonably possible. 

c. Must keep records of the Goods  owned by LCSair; 

d. Must insure the Goods against all  usual risks to full replacement  value until ownership passes to  the Client; and

e. Must not pledge or allow any line,  charge, or other interest to arise  over the Goods. 

The Client gives LCSair, its agents,  and servants, leave and licence,  without the necessity of giving any  notice, to enter at any time on and  into any premises occupied by the  Client, in the event of a receiver,  liquidator, official manager, or similar  person being appointed to manage  the affairs of the Client, to inspect,  search for or remove the Goods. 

If the Client fails to make full  payment for any Goods provided by  LCSair, LCSair is entitled to  possession of the Goods and may  recover and sell the goods. The  Client must place the Goods at  LCSair’s disposal and LCSair is  entitled to enter upon any premises  of the Client, including the Site, to  remove those Goods. 

The Client consents all allow LCSair  reasonable access to the Client’s  premises, including the Site, to inspect the Goods at any time, or to  retake possession of them in  accordance with these Terms.

10. Ownership / Retention of Title  of Goods 

The Client acknowledges and  agrees that the supply of the Goods  under these Terms. 

a. Constitutes a Security  Agreement for the purposes  of the PPSA; and 

b. Creates a Security Interest  in all:

i. Goods previously supplied  by LCSair to the Client:

ii. Goods that will be supplied in  the future by LCSair to the Client; and 

iii. Proceeds (if any) received by  the Client in relation to the Goods and may be registered  on the Register as a Purchase  Money Security Interest. 

The Client undertakes to:

a. Promptly sign any documents  and provide any information  (such information to be complete, accurate, and up to  date in all respects) which LCSair may reasonably require  to:

i. Register a Financing  Statement or Financing Charge Statement in  relation to a Security Interest on the Register.

ii. Register any other document required to be registered by the PPSA; or  

iii. Correct a defect in a Statement referred to in sub-clauses directly above; and 

b. Immediately advise LCSair of  any changes which may affect  LCSair’s Security Interest. 

LCSair is not required to give any  notice under the PPSA (including the  notice of a Verification Statement) to  the Client unless the notice required  by the PPSA cannot be excluded. 

11. Quoting, Pricing and Payment Terms

Quoting and Pricing of Works

All quoted works are based on estimated labour hours using historical job data and the performance of highly experienced service technicians. Estimates are calculated using our standard hourly rates and assume works will proceed under typical site conditions.

If works are completed in less time than quoted, no refund will be issued for the unused labour time, as all quotes are provided as fair and reasonable forecasts.

If the works require additional time due to unforeseen difficulties or complexities, LCSair will absorb the additional labour cost unless the scope of works changes.

Additional charges will only apply under the following conditions:

•  The scope of works varies from the original quotation; or

•  Additional work is requested by the client or becomes necessary beyond the quoted scope.

Any variation to the quoted works will be discussed with the client and must be approved prior to proceeding.

Fees and Payment

Unless otherwise agreed in writing:

•  Full payment is required upon completion of works and is due on the same day the works are completed.

•  Ongoing projects may require partial or staged payments in accordance with agreed contract terms or payment schedules.

•  All invoices must be paid within 7 days of the invoice date.

If payment is not received within this timeframe, LCSair reserves the right to charge interest on the outstanding balance. Interest will accrue daily at a rate of 12% per annum until payment is received in full.

12. Goods and Services Tax (GST)

Where the Services or Goods  provided are subject to GST, GST  (10%) will be added and charged to  the Client in addition to all rates,  charges, and expenses, and will be  clearly shown on the Invoice(s). By  accepting these Terms, the Client  agrees to pay LCSair an amount  equivalent to the GST imposed on  these rates, charges, and expenses. 

13. Warranties 

Warranties for Goods 

The warranty in relation to new  Goods supplied by LCSair will be  limited to the written warranty  provided by the manufacturer of the  Goods on or before the installation  of the Goods. The warranty period  varies depending upon the manufacturer’s warranty of the  Goods. The warranty in relation to reconditioned Goods will be 6  months. The warranty in relation to  used or secondhand Goods will be  90 days. 

The warranty for Goods is limited to  the replacement of the Goods,  supply of equivalent Goods or the  repair of the Goods as determined  by LCSair in its sole discretion. 

Warranties for Installation 

LCSair offers a lifetime warranty on  all labour performed by our licensed  technicians for the original installation or service provided. This  warranty covers the quality of  workmanship and ensures that any  faults directly related to our labour  will be rectified at no additional cost  to the customer for the lifetime of the  system. 

Conditions: 

a. This warranty applies only to the  original purchaser and is non transferable.

b. The warranty is valid only if the  system is maintained in accordance with manufacturer  guidelines and serviced regularly  by an LCS Air licensed technician.

c. Faults arising from misuse,  unauthorised repairs, environmental damage, or lack of  maintenance are not covered  under this warranty.

d. This warranty does not cover  parts, components, or materials,  which are subject to their own  manufacturer warranties.

e. Repair and/or replacement of  broken glass.

f. Repair and/or replacement of  damaged Goods.

g. Loss or damage from any fault or  failure of the Goods. For the sake  of clarity this extends to all perishable and non-perishable  products.

h. Modification of any Goods  required by a government department or statutory authority;  and 

i. The costs of replacement of major  components of the equipment when  the condition of the Goods is such  that it is, in the opinion of LCSair  acting reasonably, uneconomical to  repair or the equipment is no longer  available to be replaced. 

If requested by LCSair, the Client is  required to confirm provision and  acceptance of the Goods and/or  Services in writing to LCSair.

14. Effect, Term and Termination

The Terms and any Agreement  come into effect from when LCSair  starts providing the Goods and/or  services and remains in effect until  LCSair completes the Works. 

Either party may terminate their  agreement to these Terms following  notice if: 

a. A party breaches this Agreement  and fails to remedy such breach  within 14 days of being notified by  the other party.

b. A party is unable to pay its debts  as and when they fall due and  payable.

c. A party enters a scheme of  arrangement or composition with  its creditors; or

d. A party is placed under management or administration, or  a receiver is appointed, or a  winding up order is made in respect of the party. 

15. Work Health and Safety

LCSair will comply with all applicable WHS Requirements. 

16. Indemnity 

The Client will indemnify and keep  indemnified and hold LCSair  harmless from and against all  liabilities, losses, damages, costs, or  expenses incurred or suffered by  LCSair and from and against all  actions, proceedings, claims or  demands made against LCSair,  arising from one or more of the  following: 

a. The Client’s failure to comply with  any laws, rules, standards, regulations, or instructions  application in relation to the Goods or the use of the Goods;  and

b. Any negligence or breach of duty  by the Client and its employees,  agents, or contractors in relation  to the Goods or the use of the  Goods. 

17. Limitation of Liability 

LCSair aggregate liability in connection with this Agreement and  the provision of the Goods and/or  Services is limited to an amount  equal to the Fee. 

LCSair will not be liability for indirect  or consequential loss or damage,  loss or damage in respect of  business interruption, or loss of use,  production, profit, income, business,  contract, or anticipated savings, or  for any delay, financing costs or  increase in operating costs or any  special or indirect loss or damage  (other than arising out of death or  personal injury). 

18. Force Majeure 

LCSair will not be liable for any  delay in performing or non performance of any of its obligations  under these Terms or any Agreement due to strikes, acts of  God, pandemics, fires, explosion,  flood, riot, lockouts, injunction,  interruption of transportation,  accidents, inability to obtain  supplies, war, government action, or  other circumstances beyond its  reasonable control. 

19. Copyright 

LCSair retains full copyright in all  LCSair’s Documents and other  intellectual property protected by  statute or common law that it creates  under these Terms and/or Agreement. 

20. Severability 

Each word, phrase, sentence,  paragraph, and clause of these  Terms or other Agreement to which  these Terms form a part, is severable. If a court determines that  a part of these Terms or other  Agreement to which these Terms  form a part is unenforceable, invalid,  illegal, or void, that court may serve that part. Severance or any part of  these Terms or other Agreement to  which these Terms form a part, will  not affect any other part of these  Terms or Agreement to which these  Terms form a part. 

Where a word, phrase, sentence,  paragraph or other cluse or provision  of these Terms or Agreement to  which these Terms form a part would  otherwise be unenforceable, illegal,  or void, the effect of that word,  phrase, sentence, paragraph, or  other clause or provision shall so far  as possible, be limited and red down  so that it is not unenforceable, illegal  or void. 

21. Privacy 

The Client hereby authorizes LCSair  to collect, retain, record, use, and  disclose consumer and/or  commercial information about the  Client, in accordance with the  Privacy Act 1988 (Cth) and  subsequent amendments, to  persons and/or legal entities who are  a solicitor or any other professional  consultant engaged by LCSair, a  debt collector, credit reporting  agency and/or any other individual  or organization which maintains credit  references and/or default listings. 

LCSair may give information about the  Client to a credit reporting agency for the  purposes of obtaining consumer and  commercial credit reports and/or lodging  consumer and commercial defaults on  the Client’s credit file. This information  may be given before, during or after the  provision of credit to the Client and will  be in accordance with the Privacy Act  1988 (Cth) and subsequent amendments. 

22. Governing Law 

These Terms will be governed and  construed by the laws of the State of  New South Wales. The parties irrevocably submit to the jurisdiction of  the courts and tribunals of that State. 

END OF TERMS & CONDITIONS

Leading Contractor Services Pty Limited 

17/5060 Cosgrove Road Strathfield South NSW 2136 

Phone 02 9746 6933

Leading Contractor Services Pty Limited – ABN: 23 069 576 914