TERMS & CONDITIONS

1) HOW TO READ THESE TERMS

Capitalised terms have the meaning given in:
- the Key Details (where applicable),
- the words immediately before any bolded (defined) term, or
- the Definitions section at the end of these Terms.
If there is any inconsistency between the Key Details and these Terms, these Terms prevail to the extent of the inconsistency.

Key Details

Parties

Service Provider: Atlas Lift Truck Services (The Trustee for B & L Day Family Trust) ABN 74 376 439 827 t/as Atlas Lift Truck Services.
Customer: As described in the Invoice.

Services

Service name / description: As described in the invoiced work and/or accepted quote.

Fees (plus GST unless stated otherwise)

Call Out Fee (admin fee for logging/dispatching non-scheduled breakdown/service): $85
Breakdown Fee (minimum attendance; includes 1.5 hours total for travel + onsite time): $210
Minimum Service Charge: $295
Additional labour (including travel to/from suppliers for parts, revisits): $140 per hour, charged in 15-minuteintervals
Parts: Not included in the above rates; charged additionally
Regional travel fee (over 50km radius from Dandenong, excluding Mornington Peninsula): $40 per 30 minutes
After-hours minimum charge (weekends and between 6pm–5am weekdays): $500
Futile fee: $150

2) TERM AND RENEWAL

These Terms commence when the Customer accepts a quote, makes an initial payment, or otherwise accepts services after becoming aware of these Terms.
These Terms continue until ended under the Termination section.
If services continue after expiry without a replacement agreement, these Terms continue to apply to those services.

3) CUSTOMER OBLIGATIONS

3.1 Information and forms

The Customer must provide all documentation, information, and assistance reasonably required for Atlas to perform the services.
The Customer must complete and submit any required Client Form (QR code or printed) before services commence, which includes agreement to these Terms.
These Terms (including payment terms) may be published on Atlas’ website and referenced in new client engagements, replacing informal arrangements.

3.2 Access and safety

The Customer must provide Atlas with access to the site, personnel, and the resources reasonably required (including adequate space, level ground, water, and electricity where needed).
The Customer warrants the site is safe and suitable and compliant with applicable workplace health and safety requirements.

3.3 Compliance with laws

The Customer must not request or receive services in a way that breaches applicable laws (including privacy laws) or infringes third-party rights.

4) ORDERING AND PERFORMING SERVICES
4.1 Scope

Atlas will perform services as set out in the invoice, quote, and/or Key Details.
Services may include onsite mechanical maintenance/servicing of forklifts (electric, gas, diesel), and where needed, transport to Atlas’ premises for repairs not reasonably performed onsite.
The Customer acknowledges services may be performed across multiple sites during the term.

4.2 Changes to scope

If the Customer requests changes that alter the agreed scope and require extra work/costs, Atlas may charge a reasonable change in scope fee.
Atlas is only required to perform changes if:
- Atlas agrees in writing,
- the Customer confirms in writing they want the changes and fee, and
- the Customer pays the change fee as a Fee.

4.3 Dates and times

Any dates/times provided are indicative only.
Atlas may adjust dates/times for reasons beyond its control and will notify the Customer if the change is more than 24 hours.

4.4 Third-party terms

Some goods/services may be supplied by third parties and be subject to third-party terms.
If Atlas notifies the Customer and provides those terms, the Customer agrees to them.
If the Customer rejects third-party terms, Atlas cannot provide the relevant services and termination may apply.

4.5 Equipment transport and towing

Atlas may arrange towing/transport to and from its service centre with prior notice.
Towing/transport costs are additional and will be charged to the Customer (as detailed in a quote or invoice where applicable).
If the Customer arranges their own towing/transport, Atlas excludes liability for loss/damage connected with that towing/transport.

5) ESTIMATES AND DISCLAIMERS
5.1 General disclaimer

Any information provided is general and may not be suitable for the Customer’s circumstances.
The Customer is responsible for compliance with laws relevant to its business (including industrial relations and privacy laws).

5.2 Estimates

Labour/material costs and timeframes in an estimate are indicative and may change.
Atlas will communicate material estimate changes (verbally or in writing) with reasons, and any accepted amendment supersedes prior estimates.
Estimates are valid for 30 days and subject to availability and cost fluctuations.

6) SUPPLY OF GOODS AND CUSTOMER-SUPPLIED PARTS

6.1 Goods supplied by Atlas

Atlas may supply goods in connection with the services.

6.2 Customer-supplied parts

Atlas may refuse (at its discretion) to fit customer-supplied parts.
If Atlas agrees to fit customer-supplied parts, the Customer warrants those parts are suitable and free from pre-existing defects.
To the extent permitted by law:
- Atlas is not the “supplier” of customer-supplied parts for Australian Consumer Law purposes;
- manufacturer warranty processes may apply to claims;
- the Customer may be required to enter a separate deed regarding fitment (unless waived by Atlas);
- the Customer is responsible for delivery/return logistics, transport, insurance, and associated risks; and
- the Customer indemnifies Atlas for claims/loss arising from customer-supplied parts.

6.3 Returns and warranties (goods)

Except as required by law, Atlas is not obliged to accept returns.
Manufacturer warranty claims may require inspection by the manufacturer and outcomes depend on the manufacturer’s decision.

7) FEES, INVOICES, AND PAYMENT

7.1 Payment obligation

The Customer must pay Fees by the due date(s) stated in the invoice/Key Details.
To the maximum extent permitted by law, Fees paid are non-refundable.

7.2 Invoicing

Atlas will issue a valid tax invoice. The Customer must pay using the method set out on the invoice.

7.3 Deposits

Atlas may require a 50% deposit before commencing services.
For new customers and/or new quotes, a 50% deposit is mandatory upon acceptance/signing (whichever occurs first).

7.4 Suspension for non-payment

Atlas may suspend any part of the services indefinitely if Fees are not paid as required.

7.5 Expenses

Unless agreed otherwise, the Customer bears reasonable travel, accommodation, and related expenses incurred in providing services.
Third-party costs incurred may be billed to the Customer unless the Key Details specify otherwise.

7.6 GST

Fees are generally exclusive of GST unless stated. The Customer must pay GST where applicable upon receipt of a tax invoice.

7.7 Card surcharges

Atlas may charge card surcharges for credit/debit/charge card payments (including Visa/MasterCard/Amex).

7.8 Overdue amounts, collection costs, and lien

Overdue amounts accrue interest at 10% per annum, calculated daily until paid.
The Customer must pay reasonable collection costs (including legal fees, storage, and internal costs).
Atlas may exercise a lien over the Customer’s vehicle/equipment until all amounts are paid, after providing reasonable notice.

8) PRIVACY AND CONFIDENTIALITY
8.1 Privacy

Parties must comply with applicable privacy obligations (including the Privacy Act 1988 (Cth) where applicable) and Atlas’ privacy policy as updated from time to time.

8.2 Confidential information

Neither party may disclose the other’s confidential information except:
- with written consent,
- as required by law, or
- to personnel who need to know for performance of obligations (and who must keep it confidential).

8.3 Breach

If a party becomes aware of an actual or suspected breach, it must notify the other party promptly and take reasonable steps to prevent/stop/mitigate the breach.

8.4 Return/destruction

On termination/expiry, each party must return or destroy confidential materials upon request.

8.5 Portfolio/recognition

Unless otherwise agreed, Atlas may describe services and display them in portfolios/websites for recognition/professional advancement and be credited with authorship.

8.6 Subcontracting

Atlas may subcontract any aspect of the services, and the Customer consents to subcontracting.

9) WARRANTIES AND AUSTRALIAN CONSUMER LAW

To the maximum extent permitted by law, all warranties not expressly stated are excluded.
Nothing in these Terms limits rights and remedies available under the Australian Consumer Law.

10) LIABILITY
10.1 Liability cap

To the maximum extent permitted by law, each party’s total liability connected with these Terms is limited to the amount paid by the Customer under the most recent Key Details/invoice for the relevant services.

10.2 Customer-supplied parts

Atlas is not liable for defects/failures caused by customer-supplied parts, or future repairs/breakdowns unless directly caused by Atlas’ services.

10.3 Indemnity

Subject to any non-excludable legal rights, the Customer indemnifies Atlas against losses, claims, damages, liabilities, costs, and expenses arising from the Customer’s breach of its obligations (including legal costs on a full indemnity basis).

10.4 Consequential loss

To the maximum extent permitted by law, neither party is liable for indirect or consequential loss (including loss of profit, revenue, goodwill, business opportunity, data), except for non-excludable liabilities and specified carve-outs (e.g., fraud, personal injury, death, tangible property damage).

11) DISPUTES

If a dispute cannot be resolved day-to-day, the parties must make genuine good faith efforts to mediate (shared cost) through the Australian Disputes Centre (ADC) under the ADC’s guidelines.
If mediation fails, parties must obtain independent legal advice and, if not settled, proceed to arbitration (or another mechanism agreed in mediation) via ADC (shared cost).
Either party may seek urgent injunctive relief where required.

12) TERMINATION
12.1 Termination for convenience

Either party may cancel at any time by notice.
If the Customer cancels, it must pay fees and costs incurred up to cancellation, including any pre-approved third-party costs.
Atlas will invoice outstanding amounts (services performed, preparatory work, third-party costs, and genuine pre-estimated losses due to cancellation).
Outstanding amounts are payable on the end date unless a written payment plan is agreed.
Once paid, Atlas will hand over completed deliverables (if any).

12.2 Termination for breach

If a party alleges breach, it must provide notice with details and relevant clause references.
The breaching party has 10 business days (or longer if allowed) to rectify.
If not rectified, the notifying party may terminate.
Disputes about termination are handled under the Disputes clause, and liability/indemnity provisions continue to apply.

12.3 Effects of termination

On termination, the parties must return property/confidential information and comply with obligations intended to survive termination.

13) FORCE MAJEURE

A party is not liable for failure to perform (other than payment obligations) due to events beyond its control (e.g., natural disasters, industrial action, war, terrorism, riots, epidemics/pandemics, government actions).
The affected party must notify the other party with reasonable details and expected impact, and use best endeavours to resume performance as soon as practicable.

14) NOTICES

Notices must be sent by email to the addresses set out in the invoice/Key Details (or the usual email used between the parties).
Notices are deemed received 24 hours after sending unless the sender reasonably believes delivery failed.

15) GENERAL

Governing law: Victoria, Australia. Parties submit to the exclusive jurisdiction of Victorian courts.
Business Days: If a due date falls on a non-business day, it moves to the next business day (unless stated otherwise).
Amendments: Must be in writing.
Waiver: Must be in writing and signed.
Severance: Unenforceable provisions are severed; the remainder continues.
Joint and several liability: Where applicable, obligations bind jointly and severally.
Assignment: No assignment/novation/transfer without written consent.
Counterparts: Permitted.
Costs: Each party bears its own costs unless stated otherwise.
Entire agreement: These Terms supersede prior arrangements about the subject matter.
Interpretation: Standard interpretation rules apply (including headings for convenience only).

DEFINITIONS
Where helpful for website readability, definitions can be displayed as:

Business Day: A day banks are open for general business in Melbourne (excluding weekends/public holidays).
Claim: Any claim/action/complaint/demand/proceeding (contract, tort, equity, etc.).
Confidential Information: Non-public information that is confidential by nature or designation (excluding public knowledge not caused by breach).
Consequential Loss: Indirect/special losses including loss of profit, revenue, goodwill, opportunity, etc., and associated costs.
Contract: Each order + these Terms + any applicable warranty/application documents.
Customer Supplied Parts: Parts/products sourced and supplied by the Customer for use in services.
Estimate: Any written or verbal estimate/quote for services/materials/labour.
Fees: The amounts charged by Atlas as set out in invoices/quotes/Key Details.
Goods: Products/components/accessories supplied or to be supplied by Atlas.
Services: Services provided by Atlas as described in invoices/quotes/Key Details.
Warranty: Any Atlas warranty (if applicable).