These Terms & Conditions apply to all goods and services supplied by Response Fire & Electrical Services Pty Ltd (ABN required). By placing an order or accepting delivery of goods or services, the Customer agrees to be bound by these terms. A copy is available on request or at our website. Last updated: March 2026.
1.1 "RFES" means Response Fire & Electrical Services Pty Ltd T/A Response Fire & Electrical Services, its successors and assigns, or any person acting on behalf of and with the authority of Response Fire & Electrical Services Pty Ltd.
1.2 "Customer" means the person(s) or entity buying the Goods as specified in any invoice, document or order. Where there is more than one Customer, this is a reference to each Customer jointly and severally.
1.3 "Goods" means all goods or services supplied by RFES to the Customer at the Customer's request from time to time. Where the context permits, the terms "Goods" and "Services" shall be interchangeable.
1.4 "Price" means the price payable for the Goods as agreed between RFES and the Customer in accordance with clause 4.
1.5 "ACL" means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
1.6 "Consumer" has the meaning given to it in the ACL.
1.7 "Personal Information" has the meaning given in the Privacy Act 1988 (Cth).
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts delivery of, the Goods.
2.2 Acceptance may be given in writing, by electronic means (including email or digital signature), or by conduct (including accepting delivery or making payment). Electronic acceptance carries the same legal effect as a signed written agreement.
2.3 These terms and conditions may only be amended with RFES's consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and RFES.
3.1 The Customer shall give RFES not less than fourteen (14) days' prior written notice of any proposed change of ownership of the Customer and/or any other material change in the Customer's details (including changes in name, address, contact details, or business practice). The Customer shall be liable for any loss incurred by RFES as a result of the Customer's failure to comply with this clause.
4.1 At RFES's sole discretion the Price shall be either:
4.2 RFES reserves the right to change the Price:
4.3 At RFES's sole discretion a deposit may be required prior to commencement of services.
4.4 Time for payment is of the essence. The Price will be payable by the Customer on the date(s) determined by RFES, which may be:
4.5 Payment may be made by cash, cheque, bank cheque, electronic/online banking, credit card (plus a surcharge of up to two percent (2%) of the Price), or by any other method agreed to between the Customer and RFES.
4.6 Unless otherwise stated, the Price does not include GST. The Customer must pay GST in addition to the Price at the same time and on the same basis as payment of the Price, without deduction or set-off.
5.1 Delivery occurs at the time RFES (or RFES's nominated carrier) delivers the Goods to the Customer's nominated address, even if the Customer is not present at the address.
5.2 At RFES's sole discretion the cost of delivery may be included in the Price.
5.3 The Customer must take delivery whenever Goods are tendered. In the event that the Customer is unable to take delivery as arranged, RFES shall be entitled to charge a reasonable fee for redelivery and/or storage.
5.4 RFES may deliver the Goods in separate instalments. Each instalment shall be invoiced and paid in accordance with these terms.
5.5 Any time or date given by RFES is an estimate only. RFES will not be liable for any loss or damage incurred by the Customer as a result of a late delivery.
6.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery, and the Customer must insure the Goods on or before Delivery.
6.2 If any Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, RFES is entitled to receive all insurance proceeds payable for the Goods.
6.3 If the Customer requests RFES to leave Goods outside RFES's premises for collection or to deliver to an unattended location, such Goods shall be left at the Customer's sole risk.
6.4 Where RFES is required to install the Goods, the Customer warrants that the structure of the premises or equipment in or upon which Goods are to be installed is sound and will sustain the installation and work incidental thereto. RFES shall not be liable for any claims, losses, damages, costs or expenses arising in connection with the installation where the premises structure is not sound.
6.5 All electrical work will be tested to ensure it is electrically safe and complies with the wiring rules and other standards under applicable Electrical Safety Regulations. All cabling work will comply with Australian and New Zealand Wiring Standards (AS/NZS 3000).
6.6 The Customer accepts that smoke, heat and like detectors installed at their premises are monitoring and detection devices only and should not be regarded as guaranteed life-saving devices.
6.7 It is the Customer's responsibility to:
6.8 Any advice, recommendation, information, assistance or service provided by RFES in good faith is based on RFES's own knowledge and experience. The Customer remains responsible for confirming the accuracy and reliability of such advice in light of its intended use.
7.1 The Customer shall ensure that RFES has clear and free access to the work site at all times to enable the Services to be undertaken. RFES shall not be liable for any loss or damage to the site (including damage to pathways, driveways, or paved or grassed areas) unless due to RFES's negligence.
8.1 Prior to RFES commencing any work, the Customer must advise RFES of the precise location of all underground services on the site and clearly mark the same. Underground services the Customer must identify include (but are not limited to): electrical services, gas services, sewer services, pumping services, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on site.
8.2 Whilst RFES will take all reasonable care to avoid damage to any underground services, the Customer agrees to indemnify RFES in respect of all liability, claims, loss, damage, costs and fines arising as a result of damage to services not precisely located and notified in accordance with clause 8.1.
9.1 RFES and the Customer agree that ownership of the Goods shall not pass until:
9.2 Receipt by RFES of any form of payment other than cash shall not be deemed payment until that form of payment has been honoured, cleared or recognised.
9.3 Until ownership passes to the Customer:
10.1 In this clause, financing statement, financing change statement, security agreement, and security interest have the meanings given to them by the PPSA.
10.2 Upon assenting to these terms and conditions, the Customer acknowledges that these terms and conditions constitute a security agreement for the purposes of the PPSA and create a security interest in all Goods previously supplied and to be supplied in the future by RFES to the Customer.
10.3 The Customer undertakes to:
10.4 The Customer waives any rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA to the extent permitted by law.
10.5 RFES and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
11.1 In consideration of RFES agreeing to supply the Goods, the Customer charges all of its rights, title and interest in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including the payment of any money).
11.2 The Customer indemnifies RFES from and against all of RFES's costs and disbursements including legal costs on a solicitor and own-client basis incurred in exercising RFES's rights under this clause.
11.3 The Customer irrevocably appoints RFES and each director of RFES as the Customer's true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 11.
Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to: cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time, and if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
12.1 The Customer must inspect the Goods on delivery and must within seven (7) days of delivery notify RFES in writing of any evident defect, damage, shortage in quantity, or failure to comply with the description or quote. Upon such notification the Customer must allow RFES to inspect the Goods.
12.2 Nothing in these terms and conditions excludes, restricts or modifies any guarantee, right or remedy conferred on the Customer by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excluded Guarantees).
12.3 To the extent permitted by law, and subject to the Non-Excluded Guarantees, RFES's liability in respect of any defect or warranty claim is limited to:
12.4 Subject to the ACL, RFES shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
12.5 RFES may in its absolute discretion accept non-defective Goods for return, in which case RFES may require the Customer to pay handling fees of up to ten percent (10%) of the value of the returned Goods plus any freight costs.
13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (compounding monthly at RFES's sole discretion), both before and after any judgment.
13.2 If the Customer owes RFES any money, the Customer shall indemnify RFES from and against all costs and disbursements incurred by RFES in recovering the debt (including internal administration fees, legal costs on a solicitor and own-client basis, collection agency costs, and bank dishonour fees).
13.3 Without prejudice to any other remedies RFES may have, if at any time the Customer is in breach of any obligation (including those relating to payment), RFES may suspend or terminate the supply of Goods to the Customer. RFES will not be liable for any loss or damage the Customer suffers as a result of RFES exercising its rights under this clause.
13.4 RFES shall be entitled to cancel all or any part of any unfulfilled order, and all amounts owing to RFES shall become immediately payable, if:
14.1 The Customer and RFES shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities applicable to the Services, including (without limitation) the Electrical Safety Act and relevant Australian Standards.
14.2 The Customer shall obtain (at the Customer's expense) all licences and approvals that may be required for the Services.
14.3 The Customer agrees that the site will comply with all applicable occupational health and safety laws and relevant safety standards or legislation.
15.1 RFES may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice, RFES shall repay to the Customer any money paid by the Customer for the Goods. RFES shall not be liable for any loss or damage arising from such cancellation.
15.2 In the event that the Customer cancels delivery of Goods, the Customer shall be liable for any and all loss incurred (whether direct or indirect) by RFES as a direct result of the cancellation (including, but not limited to, any loss of profits).
15.3 Cancellation of orders for Goods made to the Customer's specifications, or for non-stocklist items, will not be accepted once production has commenced or an order has been placed.
16.1 If a dispute arises between the parties, either party shall send to the other a written notice of dispute adequately identifying and providing details of the dispute. Within fourteen (14) days after service of a notice of dispute, the parties shall confer at least once to attempt to resolve the dispute. Each party shall be represented by a person with authority to agree to a resolution.
16.2 If the dispute cannot be resolved by conference, either party may refer such dispute to arbitration. Any arbitration shall be:
16.3 Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.
16.4 RFES may also pursue unpaid amounts through the Construction Contracts Act 2004 (WA) adjudication process where applicable (see clause 18).
RFES is committed to protecting your privacy and handling your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our Privacy Policy is available on request or at our website.
17.1 RFES collects personal information (including name, address, contact details, ABN and financial information) for the purposes of supplying goods and services, managing accounts, processing payments, and complying with legal obligations.
17.2 RFES will only use and disclose the Customer's personal information:
17.3 RFES will not sell the Customer's personal information to third parties. RFES may disclose personal information to service providers who assist RFES in delivering its services (such as IT providers, payment processors and legal advisors) under confidentiality obligations consistent with this clause.
17.4 RFES takes reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure, in accordance with the Australian Privacy Principles.
17.5 The Customer has the right to access personal information RFES holds about them and to request corrections. Requests should be directed to RFES's Privacy Officer. RFES will respond within a reasonable time and in accordance with the Privacy Act 1988 (Cth).
17.6 Credit-related disclosures: The Customer agrees that RFES may obtain a consumer credit report from a credit reporting agency for credit assessment purposes. RFES may disclose information about the Customer to a credit reporting body to the extent permitted by the Privacy Act 1988 (Cth), including advice of overdue accounts exceeding sixty (60) days where debt collection action has commenced.
17.7 RFES does not generally transfer personal information outside of Australia unless required by law or with the Customer's consent. If overseas disclosure occurs, RFES will take reasonable steps to ensure recipients handle the information consistently with the Australian Privacy Principles.
18.1 At RFES's sole discretion, if there are any disputes or claims for unpaid Goods and/or Services, the provisions of the Construction Contracts Act 2004 (WA) may apply.
18.2 Nothing in this agreement is intended to contract out of any provisions of the Construction Contracts Act 2004 of Western Australia, except to the extent permitted by the Act where applicable.
19.1 The failure by RFES to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect RFES's right to subsequently enforce that provision. If any provision is invalid, void, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.
19.2 These terms and conditions and any contract to which they apply shall be governed by the laws of the State of Western Australia and are subject to the exclusive jurisdiction of the courts of Western Australia.
19.3 Subject to clause 12 and the Australian Consumer Law, RFES shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by RFES of these terms and conditions. Where RFES's liability cannot be excluded, it shall be limited to the Price of the Goods or Services in question.
19.4 The Customer shall not be entitled to set off against, or deduct from, the Price any sums owed or claimed to be owed to the Customer by RFES, nor to withhold payment of any invoice because part of that invoice is in dispute.
19.5 RFES may license or sub-contract all or any part of its rights and obligations without the Customer's consent.
19.6 RFES may amend these terms and conditions at any time by providing notice to the Customer. Changes take effect from the date of notification. The Customer will be taken to have accepted such changes if the Customer makes a further request for RFES to provide Goods or Services after notification of the change.
19.7 Neither party shall be liable for any default due to any act of God, war, terrorism, pandemic, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party (Force Majeure Event). The party affected must give prompt written notice and use reasonable endeavours to overcome the Force Majeure Event.
19.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, that it is not insolvent, and that this agreement creates binding and valid legal obligations on it.
