Term and Conditions
These are Generation Tech’s basic terms and conditions on which Generation Tech will provide the Services to You. You are deemed to have accepted these terms and conditions if You commission, retain or otherwise engage Generation Tech to provide Services to You subject to You being provided with a copy of these terms and conditions and an estimate or quote for those Services. These terms and conditions will apply to each order placed with Generation Tech unless advised otherwise in writing by us.
Generation Tech reserves its right to amend these terms and conditions at any time it deems necessary.
Prior to commencing any engagement with You, Generation Tech will provide You with a Scope of Works which will set out the agreed upon Services that Generation Tech will provide to You and the cost for delivering those Services. Upon acceptance of the Scope of Works, Generation Tech will use all reasonable efforts to provide the Services to You in a timely and efficient manner.
Generation Tech may amend the Scope of Works in the event that the nature of the Services changes beyond those described in the original Scope of Works.
Generation Tech will notify You of these circumstances and will provide You with an amended Scope of Works.
If You have any concerns with respect to the quality of the Services delivered, You may raise those concerns with Generation Tech within seven (7) days of the completion of those Services after which time the Services provided by Generation Tech will be deemed to have been delivered to a satisfactory standard and You will not be permitted to raise a dispute as to payment of Generation Tech’s fee for those Services.
Where possible, Generation Tech will provide a fixed fee quote for its services. However, in circumstances where this is not possible, Generation Tech will charge on an hourly basis as outlined in the Scope of Works. The hourly charge will be based upon the resources needed to provide those services to You including but not limited to the staff member/s and the technical resources required to deliver the services.
Generation Tech will first obtain Your consent before incurring any additional disbursements or out-of-pocket expenses. All disbursements and out-of-pocket expenses reasonably incurred by Generation Tech will be recoverable by Generation Tech as part of their final invoice and must be paid by You.
Generation Tech shall not be held responsible for any incidental or consequential damage arising from any problem associated with any Goods purchased.
4.0 Terms of Payment
a) pay Generation Tech within 7 calendar days from the date of receipt of the invoice, the price for such invoice unless agreed otherwise in writing; and/or
b) pay a monthly interest charge on overdue amounts for each Invoice issued hereunder calculated on the basis of 5% per annum on the outstanding amount. Interest shall be computed on the basis of a 365-day year for the actual number of days elapsed.
Generation Tech reserves the right to request payment on delivery (COD).
a) You fail to pay any amount when it is due and owing;
b) You default in the performance of Your obligations under these terms and conditions;
c) You, if an individual, commit an act of bankruptcy; or, if You are a corporation, becomes subject to external administration or passes a resolution to wind up,
then in addition to any other rights Generation Tech has:
d) You shall be in breach of these terms and Conditions and Generation Tech shall be entitled to treat the whole of the Scope of Works repudiated;
e) Generation Tech may refuse to supply any of the Services to You.
Generation Tech may elect to seek relief through the courts or through a debt recovery service to recover the money.
You shall pay all of Generation Tech’s collection costs, including solicitor fees and related costs.
Generation Tech shall be immediately entitled and without liability terminate or suspend the provision of future services, in accordance with these terms and conditions, to You in the event of default by You.
Upon Your acceptance of the Scope of Works and the completion of the Services, You agree to pay Generation Tech’s invoice in a timely manner.
If requested by Generation Tech, You will provide such information that Generation Tech requires in order to deliver the Services, including access to appropriate members of Your staff, records, information, technology, systems and premises. Generation Tech will rely on the accuracy of the information provided without independently verifying it. In the event that You become aware that the information You have provided Generation Tech is untrue, misleading or inaccurate, You must notify Generation Tech as soon as possible.
Generation Tech acknowledges that during the course of delivering the Services to You Generation Tech may be exposed to personal or sensitive information. Generation Tech agrees that it will take all necessary steps to ensure that no personal or sensitive information is retained by Generation Tech unless explicitly requested by You in writing. If instructed by You to hold personal or sensitive information, that information is held in strict confidence and will not be divulged to any third parties except as may be required by law or judicial process. Generation Tech otherwise agrees to not retain any personal or sensitive information.
8.0 Delivery of Services
The Scope of Works provided by Generation Tech will confirm the date for the delivery of the Services (scheduled date). Generation Tech reserves the right to cancel the scheduled date and reschedule for another day not less than three days before the scheduled date.
You must provide Generation Tech not less than three day’s notice if You wish to cancel or reschedule Your schedule date. If You do not provide sufficient notice or satisfactory reason for cancelling or rescheduling Your scheduled date, You agree to pay Generation Tech’s full fee as noted in the Scope of Works.
In the event that Generation Tech can only provide the Services in stages, Generation Tech will provide invoices at the completion of each stage. Generation Tech reserves the right to cease delivering the Services until payment of any outstanding invoice is made.
The timeframe provided by Generation Tech for the full delivery of the Services is an estimate and Generation Tech is not liable for delivery of the Services not being completed within that timeframe in circumstances beyond their control.
Upon the completion of the delivery of the Services, You must ensure that You are satisfied with the Services provided.
9.0 Limitation of Liability
This Agreement will not be read or applied so as to purport to exclude, restrict or modify all or any of the provisions of the Competition and Consumer Act 2010 (Cth) (“the Act”) (or The Australian Consumer Law (Qld) as contained in schedule 2 of the Act) or the Sale of Goods Act 1896 (Qld) or any other law which cannot be excluded, restricted or modified.
The liability of Generation Tech its servants, agents or sub-consultants to You arising out of the performance or non-performance of the Services under the law of contract, tort or otherwise shall be limited to the lesser of:
· $5,000; or
· The cost of supplying the Services again;
For the purposes of this clause, Generation Tech contracts on its own behalf and on behalf of its servants, agents and sub-consultants.
You acknowledge and agree that neither Generation Tech, nor its servants, agents or sub-consultants, will be liable under the law of contract, tort or otherwise for economic loss, whether direct or consequential, suffered by You or any indirect or consequential loss of any kind suffered by You.
You acknowledge and agrees that Generation Tech, does not give any warranty nor accept any liability in relation to the performance or non-performance of the Services, except to the extent, if any, required by the law or specifically provided for in the Terms and Conditions or the accompanying documents. If, apart from this clause, any warranty would be implied whether by law, custom or otherwise, that warranty is to the full extent permitted by law hereby excluded. Nothing in these Terms and Conditions shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any Service pursuant to these Terms and Conditions of all or any of the provisions any relevant State or Territorial legislation which by law cannot be excluded, restricted or modified.
Notwithstanding, and without limiting the provisions of this clause, You acknowledge and agree that no servant, agent or sub-consultant of Generation Tech, will have any separate or individual liability to You.
You agree that Generation Tech will not be liable for any loss or damage whether direct or indirect and whether economic or otherwise that may result in any loss of data contained in any goods You have provided Generation Tech in order for Generation Tech to provide the Services.
You indemnify Generation Tech from any losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings of any kind (including legal fees and expenses on an indemnity basis) which Generation Tech may suffer as a result of any breach or representation You have made under these terms and conditions.
Generation Tech will not be liable for any losses, claims, costs, expenses, actions, demands, damages, liabilities or any other proceedings of any kind as a result of You providing information or Goods required for Generation Tech to deliver the Services that is false, misleading, faulty/damaged untrue or incomplete.
11.0 Force majeure
Generation Tech will not be liable for any failure to deliver the Service to You when such failure is due to causes beyond Generation Tech’s reasonable control, including, but not limited to, acts of state or governmental authorities, Covid-19 related act, acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, strikes, and prolonged shortage of energy. In the event of such delay, the date of delivery or completion of the Services shall be extended by a period of time reasonably necessary to overcome the effect of any such delay.
12.0 Governing Law
a) This document is governed by and construed under the law in the State of Queensland.
b) Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in the State of Queensland.
c) Each party, by execution of this document irrevocably, generally and unconditionally submits to the non‑exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
Any failure by any party to exercise any right under this document does not operate as a waiver and the single or partial exercise of any right by that party does not preclude any other or further exercise of that or any other right by that party.
Any provision of this document which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this document or the validity of that provision in any other jurisdiction.
15.0 Dispute Resolution
a) If there is a dispute or disagreement between Generation Tech and You arising in any way from or in relation to this Agreement, then Generation Tech and You will use all reasonable endeavours and reasonably appropriate alternative dispute resolution procedures as soon as possible before resorting to litigation.
b) Nothing in this clause prevents a party seeking urgent interlocutory relief from a court or requires that party to participate in an informal resolution process for longer than 30 days after the dispute has risen. You shall pay all sums not in dispute to Generation Tech.
16.0 Variation of Terms and Conditions
No purported variation of this Agreement will be effective unless it is in writing.
If any payment made by one party to any other party under or relating to this document constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be increased so that the net amount retained by the supplier after payment of that GST is the same as if the supplier was not liable to pay GST in respect of that supply. This provision is subject to any other agreement regarding the payment of GST on specific supplies and includes payments for supplies relating to the breach or termination of, and indemnities arising from, this document.
18.0 Pre-contract Negotiations
a) expresses and incorporates the entire agreement between the parties in relation to its subject‑matter, and all the terms of that agreement; and
b) supersedes and excludes any prior or collateral negotiation, understanding, communication or agreement by or between the parties in relation to that subject‑matter or any term of that agreement.
This document may be executed in any number of counterparts, all of which taken together are deemed to constitute one and the same document.
20.0 Facsimile and Electronic Acceptance
The parties agree that where a facsimile and/or electronic copy has been executed by either or both parties such facsimile and/or electronic copy can be treated as though it were an original document or part of this Deed.
– Updated October 2020