Services Terms & Conditions
1. Definitions
In these Terms:
- We/Us/Our means Grapeworks Pty Ltd and/or Tanium Pty Ltd (as invoicing entity).
- You/Your/Customer means the customer requesting Services.
- Asset means any equipment, machinery, part, or item we inspect, service, modify, install, or hold.
- Services means inspection, assessment, service, repairs, modifications, installation/commissioning, and phone/remote support.
2. Scope & Basis of Engagement
2.1. Billable by default. All Services are assumed billable unless we have agreed in writing that work is covered under warranty. If warranty coverage is uncertain, Services will proceed on a billable basis unless and until we confirm warranty approval in writing.
2.2. Estimates only. Any estimate is a guide only and may change if additional faults/issues are found or circumstances vary.
2.3. Authority to proceed. You must nominate an authorised person who can approve works, variations, and expenditure.
3. Inspection & Assessment
3.1. Initial investigation. We will undertake an initial investigation for each Asset before works commence. This is typically 30-60 minutes per Asset (depending on Asset type and requested works) and forms part of billable time.
3.2. During inspection we may:
3.2.1. inspect and assess against your request;
3.2.2. complete a Job Safety Analysis (JSA) and/or hazard assessment; and
3.2.3. provide a scope of works and estimate (if not already provided).
3.3. Unsafe or unable to proceed. If we determine we cannot complete the requested works, or the Asset/site is unsafe, we will notify you and charge investigation time only.
4. Approval, Variations & Scope Creep
4.1. Approval required (on-site / workshop work). Written approval is required before we commence Service/Repair/Modification/Installation work. Approval may be via signed quote, email, SMS or other written instruction.
4.2. Variations. If additional faults/issues are identified outside the initial scope, we will stop work, contact you, and provide further information and an estimate. Work resumes only once you approve the variation in writing.
4.3. Completion documentation. On completion, we will provide a service report with the final invoice.
5. Phone / Remote Support
5.1. Billable support. Phone/remote support is billable and charged in accordance with our hourly rates.
5.2. Minimum charge. Each phone/remote support engagement is charged at a minimum of 1 hour, then in 15-minute increments thereafter (unless otherwise agreed in writing).
5.3. No written pre-approval required. Due to the nature of phone support, written approval is not required before support is provided; by requesting support you authorise us to proceed.
6. Charges, Hours, Rates & Travel
6.1. Billing increments. Labour is billed in 15-minute increments.
6.2. Minimum on-site charge. On-site attendance is subject to a minimum charge of 1 hour per technician, after which time is billed in 15-minute increments.
6.3. Standard hours. Monday-Friday, 7:00am-5:00pm.
6.4. Overtime:
6.4.1. Outside standard hours, or more than 7.6 hours on a single site per day: 1.5x standard rates.
6.4.2. Weekends and public holidays: 2x standard rates.
6.5. Standard labour rate. $140/hour (excluding GST), billed in 15-minute increments.
6.6. Travel time. Travel time is charged when a technician is en route to or from your site, including travel to/from airport, waiting time, and in-flight time. Travel time is calculated from the technician’s assigned base location or prior work location.
7. Other Expenses
7.1. Airfares. Charged at the applicable rate at time of booking. We will endeavour to communicate airfare rates prior to booking where possible.
7.2. Car hire. Charged at cost (includes tolls, fuel and other charges).
7.3. Accommodation. Charged at cost.
7.4. Meals. Charged at cost, capped at $100/day.
7.5. Taxis/Ubers/other transport. Billed at cost (including trips to/from airport and to/from site).
7.6. Other expenses. All other expenses incurred in providing the Services will be billed to you.
8. Third-Party Services
8.1. We may engage third parties (e.g., electricians, engineers, specialist contractors) where needed.
8.2. Billed at cost. Third-party costs will be billed to you at cost, and where practicable we will obtain your written approval before incurring the cost. Where prior approval is not practicable due to urgency or safety requirements, you agree that such costs are reasonable and payable.
8.3. If urgent work is required to make a site/Asset safe, you authorise us to engage suitable third parties and pass through the costs at cost (and we will notify you as soon as reasonably practicable).
9. Freight, Packaging & Transit Insurance
9.1. Unless agreed otherwise, freight of an Asset to/from our workshop is your responsibility.
9.2. If you arrange freight, you must package Assets to ensure safe transit. If damage is found on arrival, we will advise you before the initial inspection.
9.3. We do not provide transit insurance for freight you have arranged with your freight providers; you are responsible for your own transit insurance.
10. Cancellation / Rescheduling
10.1. 48-hour notice. If you cancel or reschedule a confirmed booking, you must provide at least 48 hours’ notice.
10.2. Late cancellation fees. If notice is less than 48 hours, you agree we may charge:
10.2.1. any non-recoverable costs already incurred (e.g., flights, accommodation, ordered parts); and
10.2.2. scheduled technician time that cannot reasonably be redeployed.
10.3. If we arrive on site and cannot proceed due to access, safety, missing prerequisites, or the Asset not being available, the visit remains billable (including travel and minimum charges where applicable).
11. Safety & Site Responsibilities
11.1. Your WHS duty. You must provide a safe workplace and system of work, including compliance with applicable WHS laws and site policies.
11.2. Induction & access. You must provide site induction (where required), safe access, and a suitable work area (lighting, clearance, ventilation) and ensure we can isolate energy sources where relevant (lock-out/tag-out).
11.3. Hazards & information. You must disclose known hazards (electrical, pressure, chemicals, confined spaces, moving machinery, biohazards) and provide relevant SDS/MSDS and permits where required.
11.4. Right to stop work. We may stop work or refuse to proceed if we reasonably believe conditions are unsafe. Time spent up to that point (including travel and assessment) remains billable.
11.5. Customer representative. You must have an authorised representative available (by phone or on site) during works to approve variations and ensure safe coordination with your staff.
12. Workshop Custody, Asset Liability & Insurance
12.1. Reasonable care. While an Asset is in our custody, we will take reasonable care of it.
12.2. Pre-existing condition. You acknowledge Assets may have pre-existing wear, corrosion, fatigue, contamination, hidden defects, or prior repairs/modifications that affect outcomes; we are not responsible for these conditions.
12.3. Limitation for stored Assets. To the extent permitted by law, we are not liable for loss/damage arising from inherent defects, normal deterioration, or events outside our reasonable control.
12.4. Uncollected Assets. If an Asset is not collected promptly after you are notified it is ready, storage may be charged and we may relocate it to storage at your cost.
13. Installation, Commissioning & Performance Outcomes
13.1. Customer prerequisites. Unless expressly included in our quote/scope, you are responsible for site readiness (e.g., power/air/water/services, concrete pads, penetrations, permits, access equipment, lifting, and suitable operators).
13.2. Commissioning depends on site conditions. Commissioning and testing outcomes depend on site utilities, upstream/downstream equipment, operator settings, product characteristics, and maintenance condition of existing equipment.
13.3. No guaranteed production outcomes. Unless we explicitly agree in writing to a defined performance outcome, we do not warrant that Services will achieve a particular throughput, yield, quality result, efficiency improvement, or no downtime outcome.
13.4. Acceptance. Installation/commissioning is deemed accepted when (a) you sign off, (b) you put the equipment into production use, or (c) 5 business days pass after we notify completion, whichever occurs first (unless you notify defects in writing within that period).
14. Payment Terms, Deposits & Security
14.1. No terms customers. Customers without payment terms must pay all billable time and materials in full before the Asset is released from the workshop.
14.2. Customers with terms. Customers with agreed terms will be invoiced in accordance with those terms.
14.3. Deposits. We may require a 50% deposit where we are likely to incur costs before work can proceed (e.g., non-stock parts, travel bookings, third-party services).
14.4. Right to retain Assets. We may hold/refrain from releasing Assets until payment for parts and/or labour is received.
14.5. Overdue amounts. Overdue invoices may accrue interest at a reasonable commercial rate, calculated daily, and you agree to pay reasonable debt recovery costs.
15. Warranty
15.1. Labour warranty. We provide a 90-day warranty on labour.
15.2. Parts warranty. Parts replaced are covered by the manufacturer’s warranty.
15.3. Exclusions. Warranty does not cover:
15.3.1. consumables (unless defective);
15.3.2. pre-existing parts not replaced;
15.3.3. operator misuse;
15.3.4. lack of maintenance;
15.3.5. third-party interference;
15.3.6. customer-supplied parts.
15.4. Void for misuse. Warranty is void if the machine is operated outside manufacturer guidelines (e.g., overload, improper maintenance, unauthorised modifications, unsuitable environments/applications).
16. Limitation of Liability
16.1. ACL carve-out. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) that cannot legally be excluded.
16.2. Consequential loss excluded. To the maximum extent permitted by law, we are not liable for any indirect or consequential loss arising out of or in connection with the Services, including (but not limited to):
16.2.1. loss of production;
16.2.2. loss of product or batch;
16.2.3. loss of profit or revenue;
16.2.4. data loss;
16.2.5. product recalls;
16.2.6. business interruption or downtime.
16.3. Liability cap (per job). To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the amount paid (or payable) by you for the specific Services giving rise to the claim.
16.4. Mitigation. You must take reasonable steps to minimise any loss or damage and follow any reasonable instructions we provide to prevent further damage.
17. Force Majeure
17.1. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including (without limitation) supplier shortages, freight disruptions, power/utility outages, strikes, pandemics, acts of government, severe weather, fire, flood, or failure of third-party contractors.
17.2. Where force majeure applies, we will notify you as soon as reasonably practicable and resume performance when possible. Any costs already incurred remain payable.
18. General
18.1. GST. All prices and amounts referred to in these Terms are exclusive of GST unless stated otherwise. Applicable GST will be added to the invoice.
18.2. Entire agreement. These Terms (together with any quote/scope) form the entire agreement for the Services.
18.3. Priority. If there is any inconsistency, the order of priority is: (1) accepted quote/scope; (2) these Terms; (3) purchase order terms (which are excluded to the extent of inconsistency).
18.4. Governing law. Victoria, Australia.