Select Essential Terms and Conditions
Service Agreement Terms & Conditions
These Terms & Conditions of Business (Terms) are published setting out the scope of the services to be provided by Select Essential Pty Ltd ABN 57 124 823 883 (Select Essential), the basis of charging for those services and any associated goods and other matters. Your contract or agreement also forms part of these Terms.
All goods and services will be provided by Select Essential Pty Ltd and subject to these Terms.
Services Provided
1. The services provided by Select Essential are based on a subjective visual inspection and functional assessment by Select Essential’s employees, contractors, servants, or agents of reasonably accessible areas of the Site only as at the time of such inspection only (and does not include concealed areas, latent defects and the like). No warranty as to the continuing state of the Site is provided by Select Essential.
2. The Client agrees that Select Essential cannot issue an Annual Essential Safety Measures Report until the Site complies with relevant standards and that if after initial inspection, remediation works are considered warranted, the Client will promptly carry out such remediation works to allow a subsequent inspection.
3. Select Essential will provide details of any remediation works required and will provide a Quote in relation to any required remediation works. This will be an additional expense.
4. An Annual Essential Safety Measures Report will only be issued where required and upon completion of the relevant works (including any remediation works undertaken by Select Essential) and payment of all amounts due in full.
5. The Client agrees that any report or certification provided is based on Australian Standard 1851:2012 and is for the purpose of fire safety standards only. It is not a Building Council of Australia or National Construction Code report or a certificate of compliance with any Act, regulation, ordinance or by- law.
6. The services provided by Select Essential will only include the items and tasks that are specifically listed in this Agreement. Any matters or items not explicitly mentioned in the Agreement are not included in the scope of the services and will be excluded.
7. The Client hereby agrees to engage Select Essential to provide the Client with the services mentioned.
Special Conditions
8. The following extra services are not included in the annual price and if required, will incur an extra charge:
a) Spare parts and fittings, emergency callouts, routine overhauls, diesel fuel and/or lubrication.
b) Hire of special access equipment – scissor lifts, ladders, scaffolds, etc – required to gain access to sprinkler equipment, smoke/heat detectors, lighting etc for testing and maintenance purposes.
c) Parts and labour required to repair damage caused by natural disasters, negligence, vandalism, misuse, water or electrical faults, or the failure to operate due to wear or breakage.
d) Any afterhours testing.
e) We reserve the right to charge an additional hourly rate for no shows to appointments that have been confirmed prior, without 24 hours notice of cancellation.
Call Outs (Emergency Repair or Service Works)
9. Our normal trades business hours are 7am to 3.30pm Monday to Friday.
a) Callouts during Normal business hours, will be invoiced at a minimum of 1.5 hours at the applicable trade labour rates
b) Callouts outside Normal business hours including Saturday, Sunday & Public Holidays, will be invoiced for a minimum of 4 hours at the applicable trade penalty rates
Note: The relevant labour rates based on the type of work required can be provided upon request.
Term of Agreement
10. The term of this Agreement will begin on the date this Agreement is signed and will remain in full force for the term of the agreement and auto renew on July 1 of each subsequent year (renewal reminders will be emailed automatically prior to the renewal date), until terminated by either Party as per the term limits.
11. If either Party wishes to terminate this Agreement, that Party will be required to provide 60 days written notice to the other Party or by mutual agreement of both Parties.
12. If the property is sold, either party may terminate the agreement with 30 days written notice. Termination will be effective at the end of the 30-day notice period.
Payment
13. Select Essential will charge the Client for the services outlined in the proposal based on the total annual cost
a) For Routine Services conducted at monthly technician visits, 1/12th of the annual charge per every month, charged in advance unless otherwise specified.
b) For Routine Services conducted at quarterly technician visits, 25% of the annual charge per every quarter, charged in advance unless otherwise specified.
c) For Routine Services conducted at 6 monthly technician visits, 50% of the annual charge per every 6 months, charged in advance unless otherwise specified.
d) For Annual Services that are Billed on Completion, charged once works are completed.
Please note that annual prices may be subject to adjustment indexed with CPI each year on July 1 unless otherwise specified.
14. Unless otherwise agreed in writing all invoices for ‘routine’ testing will be issued per the payment schedule previously advised.
15. Unless otherwise agreed in writing, all amounts, and prices payable are exclusive of any taxes, duties, or levies (such as GST) and the relevant tax, duty or levy will be charged to you and is to be paid by you.
16. All tax invoices must be paid in full strictly within 14 calendar days. Select Essential reserves the option to charge interest on overdue amounts at the rate of 8% per annum, calculated daily on the outstanding balance and payable monthly in arrears.
17. Pricing is based on works conducted between the hours of 7:00am and 3:30pm on weekdays, excluding public holidays. Where goods and/or services are to be provided outside of these times, after-hours rates will be charged as an additional expense.
18. If the Agreement is terminated early by either Party in accordance with Clause 11, Select Essential may invoice the Client on a pro rata basis for work done up to and including the termination date.
Risk and Insurance
19. The risk of any loss, damage, or liability associated with the inspection services passes to the Client immediately upon the commencement of the inspection process.
20. The Client is responsible for arranging and maintaining appropriate insurance coverage to protect against any risks associated with the inspection services, including potential damage to property, equipment, or any other assets at the inspection site.
21. Any property or equipment belonging to the Client and temporarily in Select Essential’s possession, custody, or control during the inspection process remains at the Client’s risk. The Client agrees to maintain adequate insurance to cover any loss or damage to such property or equipment.
22. All costs and expenses incurred by Select Essential in recovering payment for the inspection services, or in protecting or enforcing its rights under this Agreement, including but not limited to legal costs and disbursements, will be payable by the Client on an indemnity basis.
Client Obligations
23. The Client must inform Select Essential of any specific site requirements prior to any works or services being performed. These include but are not limited to WH&S matters, security requirements, permits etc.
24. The Client must inform Select Essential of any tenant and billing entity details.
25. The Client must provide Select Essential access to all parts of the site and agree that any areas unable to be accessed may not be certified for the purpose of an Annual Essential Safety Measures Report (AESMR).
26. The Client must act reasonably and take all steps reasonably available to them to protect their own interests, including managing all risks associated with the provision of the services and associated goods, including having goods properly installed and serviced as may be required, properly reading, and following any instruction or training manuals, following any reasonable direction Select Essential may give and appropriately directing the Client at their own invitees, employees, servants, and agents in relation to these things
27. The Client agrees to inform Select Essential promptly of any fact, matter or circumstance which could reasonably affect the services and associated goods being provided or things that could reasonably be considered to affect the issue an Annual Essential Safety Measures Report (AESMR).
Confidentiality
28. Confidential Information refers to any data or information relating to the business of the Client which would include personal data, business processes and client records and that is not generally known in the industry of the Client and where the release of that confidential information could reasonably be expected to cause harm to the Client.
29. Select Essential agrees that they will not disclose, divulge, reveal, or use, for any purpose, any confidential information which Select Essential has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Agreement and will remain indefinitely after the termination of this Agreement.
Capacity/Independent Contractor
30. In providing the services under this Agreement it is agreed that Select Essential is acting as an independent contractor and not an employee.
31. Select Essential and the Client acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.
Subcontracting
32. Select Essential may at their absolute discretion, engage a third-party sub-contractor to perform some or all the obligations of Select Essential under this Agreement (Services Provided) and the Client will not hire or engage any third parties to assist with the provision of the services being provided by Select Essential.
33. In the event Select Essential hire a subcontractor:
a) Select Essential will pay the sub-contractor for its services and charge the Client in accordance with the terms agreed upon in this Agreement.
b) The sub-contractor is an agent of Select Essential not the Client.
Release & Indemnity
34. Select Essential provides advice, recommendations, information, assistance, or services in relation to the inspection services under this Agreement in good faith and with due care and skill, and it is believed to be accurate, appropriate, and reliable at the time provided. This advice or information is only warranted to be within the scope of the services agreed upon in this Agreement. Select Essential does not warrant any advice, recommendations, or information provided that goes beyond the agreed-upon scope of services. The Client agrees to independently assess and make decisions regarding any advice or information that extends beyond the agreed scope.
35. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to remediation works within a reasonable time, cancellation of services, a replacement or refund for a major materials failure and for compensation for any other reasonably foreseeable loss or damage. For materials supplied as part of our services, you are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
36. To the fullest extent permitted by law except where caused by Select Essential’s own negligence, wilful misconduct or fraud, the Client releases and indemnifies Select Essential, including its employees, agents, and subcontractors, from any and all claims, liabilities, losses, damages, costs, and expenses (including legal costs on a full indemnity basis) that arise directly or indirectly in connection with the provision of services under this Agreement except to the extent this release and indemnity would exclude, restrict or modify a guarantee under the Australian Consumer Law referred to in clause 35, in which case this clause applies only to the maximum extent the law allows.
This includes, but is not limited to:
a) Any indirect, consequential, or special losses, such as loss of use, enjoyment, reputation, income, or profit.
b) Any unforeseeable delays or failures by Select Essential in providing the services or goods as agreed.
Force Majeure
37. Select Essential and the Client will be released from our respective obligations in respect of any accepted Service Agreement (except your obligations as to payment and indemnity) in the event of national emergency, war, prohibitive governmental regulations or where any other cause beyond the reasonable control of either of us, including but not limited to strike, riot, lockout, trade disputes, rebellions, fire, natural disaster, shortages of raw materials, Government decrees, proclamations or orders, pandemic/epidemic or government-ordered lockdowns, transport difficulties and failures or malfunctions of computers or other information technology systems for a period of 7 days or more renders provision of the goods or services the subject of an accepted Service Agreement impossible.
Independent Advice
38. The Client acknowledges they have obtained or have had adequate opportunity to obtain independent legal advice as to the meaning and effect of these Terms before they were accepted by the Client.
Severance
39. If a provision in these Terms is void, illegal or unenforceable, it must be varied to give effect to the intention of these Terms or severed without affecting the enforceability of the other provisions.
Dispute Resolution
40. If a dispute arises between the parties in connection with this Agreement (Dispute), neither party may commence court proceedings relating to the Dispute unless it first complies with this clause, except where the party seeks urgent injunctive, interlocutory or other equitable relief.
a) A party claiming a Dispute exists must give the other party written notice setting out the nature of the Dispute (Dispute Notice).
b) Within 10 business days of a Dispute Notice being given, a senior representative of each party must meet (in person, by phone or by video) and use reasonable endeavours in good faith to resolve the Dispute.
c) If the Dispute is not resolved within 20 business days of the Dispute Notice, either party may refer it to mediation administered by the Resolution Institute (or another mediator agreed between the parties), with the mediator’s costs shared equally unless the mediator directs otherwise.
d) Nothing in this clause prevents a party seeking urgent injunctive, interlocutory or other equitable relief from a court at any time
Governing Law & Jurisdiction
41. These Terms and the transactions contemplated by them are governed by the law of Victoria, Australia and the parties irrevocably submit to the jurisdiction of the courts of Victoria, Australia and all courts called to hear appeals from them in respect of them.
Equipment
42. Select Essential will provide at their own expense unless otherwise excluded, all tools, machinery, equipment, raw materials, supplies and workwear.
Commercial in Confidence Requirement
43. The provided document (quote or service agreement) contains confidential information intended solely for the client named above. If you have received this document in error, please notify us immediately and delete this document from your system.
The information contained in the document, including but not limited to pricing details, service descriptions, and terms of engagement, is provided on a commercial in confidence basis. It is intended solely for the client’s internal use and may not be shared, copied, or distributed to any third party without the express written consent of Select Essential. Unauthorized disclosure, distribution, or use of the information contained herein may result in legal action and damages. By accepting the provided document, the client agrees to maintain the confidentiality of its contents and to use the information solely for the purpose of evaluating Select Essential services.
AESMR (Annual Essential Safety Measures Report)
44. Where included as a contracted service, the client (authorised as defined in clause 45) authorises Select Essential to act as an ‘agent’ on behalf of the ‘Owner’ for the purpose of preparing and issuing of the required Annual Essential Services Report for the above noted property.
45. The person completing the Quotation Acceptance warrants that they are authorised to accept these Terms on behalf of the relevant entity named on the Quote as their lawful agent.
Office Phone
(24/7 – after hours calls are routed through to a member of our service team for triage)
Any service enquires by email
Any accounts enquiries by email
Click on the following link to view the employees at Select Essential: About Us
Thank you for your ongoing support and we look forward to hearing from you in the very near future.