Big T Standard Terms and Conditions

BIG T PROJECTS PTY LTD
ACN 653 949 181

Last Updated June 2026

 

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1. DEFINITIONS AND INTERPRETATION

In these Terms, unless the context otherwise requires, the following words have the following
meanings:
1.1 Definitions
Company means Big T Projects Pty Ltd ACN 653 949 181
Client means the person, company, owner, occupier, trust or entity requesting or receiving
goods or services from Big T Projects.
Force Majeure Event means any event beyond the reasonable control of the Company
including natural disasters, fire, flood, storm, pandemic, labour shortages, industrial
disputes, utility interruptions, supplier delays, government action or changes in law.
Goods means all equipment, materials, products, parts and components supplied by the
Company.
GST means goods and services tax.
Location means the address at which the Goods are supplied or the Services are
performed.
Order means any request for Goods or Services including acceptance of a Quote, verbal
instruction, email instruction, SMS instruction, work order or service booking.
PPSA means the Personal Property Securities Act 2009 (Cth) and any regulations made
under it.
PPSR means the Personal Property Securities Register established under the PPSA.
Price means the amount payable by the Client for the Goods and Services.
Proposal means a quotation, estimate or scope of works issued by the Company.
Security Interest has the meaning given in the PPSA.
Services mean all labour, installation, repairs, maintenance, fault finding, testing,
commissioning, inspections, solar services, refrigeration services, electrical services and
air conditioning services supplied by the Company.
Works means the Goods and Services supplied by the Company.
1.2 Interpretation
In these Terms, unless the contrary intention appears:
(a) words importing the singular include the plural and vice versa;
(b) references to a person include corporations, trusts, partnerships and other legal
entities;
(c) headings are for convenience only and do not affect interpretation;
(d) the word "including" means "including without limitation"; and
(e) references to legislation include any amendment or replacement of that legislation.

 

2. APPLICATION OF TERMS

(a) These Terms apply to all Goods and Services supplied by the Company and form
part of every Proposal, Order, work order, service booking and invoice issued by the
Company.
(b) A Contract is formed when the Client accepts a Proposal, places an Order accepted
by the Company, requests attendance at a Location, instructs the Company to
proceed with the Works or permits the Company to commence supplying Goods or
Services.
(c) Acceptance may be communicated verbally, electronically, by email, SMS, purchase
order, work order or by conduct.
(d) The Contract consists of these Terms, any Proposal, the relevant Order and any
invoice issued by the Company.
(e) These Terms prevail over any terms proposed by the Client unless otherwise
agreed by the Company in writing.
(f) The Client may not cancel a Contract without the Company's written consent and
must reimburse the Company for all costs, labour, materials, supplier charges and
losses incurred as a result of cancellation.
(g) The Company may refuse any Order in its absolute discretion and any change to
the scope of Goods or Services requested by the Client constitutes a variation which
may result in an adjustment to the Price and completion time.

 

3. SUPPLY OF GOODS AND SERVICES

The Company will use reasonable endeavours to supply the Goods and Services in accordance
with the Contract. Any dates provided for attendance, delivery or completion are estimates only
and are not guaranteed, and time is not of the essence in relation to the supply of Goods or
Services. The Company may subcontract any part of the Services, substitute equivalent
products, materials or components where reasonably necessary, suspend Services where
access is unavailable, restricted or unsafe and charge additional costs resulting from delays,
restricted access or unforeseen site conditions. The Client must comply with its obligations under
clause 7 regarding access to the Location. The Company may refuse to carry out work where it
reasonably believes there is a risk to health, safety or property and is not liable for delays caused
by supplier shortages, manufacturer delays, freight delays, product discontinuation, Force
Majeure Events or any circumstance beyond its reasonable control.

 

4. QUOTATIONS, ESTIMATES AND VARIATIONS

Unless expressly stated otherwise in writing, any Proposal, quotation, estimate, budget price or
indicative pricing provided by the Company is an estimate only and is based on information
available at the time it is prepared. The Client acknowledges that actual costs may vary where
latent conditions are discovered, hidden defects become apparent, additional labour or materials
are required, access conditions differ from those anticipated, variations are requested, supplier,
freight or material costs increase, or other unforeseen circumstances arise. The Company may
revise the Price where any such circumstances occur. Any work outside the original scope of the
Contract constitutes a variation and may result in an adjustment to the Price and the time
required to complete the Services.

 

5. TITLE, RISK AND PPSA

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Ownership of any Goods supplied by the Company remains with the Company until all amounts
owing by the Client have been paid in full. Until ownership passes, the Client holds the Goods
as bailee for the Company, must keep the Goods identifiable as the Company's property and
must not sell, dispose of, charge or otherwise deal with the Goods except in the ordinary course
of business. The Client irrevocably authorises the Company, its employees, agents and
contractors to enter any premises where the Goods are located to inspect, recover or repossess
the Goods if payment has not been made in full. Risk in the Goods passes to the Client upon
delivery. The Client must inspect all Goods immediately upon delivery and notify the Company
in writing of any shortage, defect, damage or delivery issue within forty-eight (48) hours of
delivery. To the extent permitted by law, these Terms create a Security Interest for the purposes
of the PPSA and the Client must do all things reasonably required by the Company to register,
perfect and maintain that Security Interest, including providing information and executing
documents required by the Company.

 

6. REPAIRS, FAULT FINDING AND EXISTING EQUIPMENT

Where the Services include fault finding, testing, diagnostic inspections, repairs or investigations,
the Client acknowledges that such Services are investigative in nature and that the Company
does not guarantee that all faults, intermittent faults, latent defects or underlying issues will be
identified. The Client acknowledges that additional faults may become apparent during testing,
dismantling or repair and that further investigation, labour, materials or attendance may be
required. Repairs are not guaranteed to restore equipment to its original condition, extend its
service life, prevent future failures or permanently rectify the reported issue. Where the Company
recommends replacement rather than repair, the Client acknowledges that any decision to
proceed with repair is made at the Client's own risk. If the Client is concerned about the reliability,
age, condition or future performance of equipment, replacement should be considered instead of
repair. The Company accepts no responsibility for previous workmanship, hidden defects, latent
defects, manufacturer defects, corrosion, contamination, age-related deterioration, pre-existing
non-compliances or faults that become apparent only after testing, dismantling, repair or
replacement works have commenced.

 

7. CLIENT OBLIGATIONS

The Client is responsible for ensuring that all information provided to the Company is accurate,
complete and up to date and acknowledges that the Company may rely upon that information
when preparing quotations and performing Services. The Client is solely responsible for
determining whether the Goods and Services are suitable for the Client's intended purpose and
for obtaining any approvals, permits, licences, consents or authorities required for the
acquisition, installation or use of the Goods and Services. The Client must provide safe, clear
and unrestricted access to the Location and ensure that the Location complies with all
applicable workplace health and safety requirements. The Company will not be liable for any
delay, additional cost or loss arising from inaccurate, incomplete or misleading information
supplied by the Client.

 

8. PRICE AND PAYMENT

In consideration for the supply of Goods and Services, the Client must pay the Price in
accordance with the payment terms specified by the Company. The Company may issue
invoices at any time following acceptance of an Order, delivery of Goods, provision of Services
or completion of Works. All amounts payable must be paid in full without deduction, set-off,
withholding or counterclaim. If payment is not made by the due date, the Company may
suspend the supply of Goods or Services, refuse to accept further Orders, cancel any Contract,
recover possession of unpaid Goods and charge interest on overdue amounts at the rate of
twelve per cent (12%) per annum calculated daily until payment is made in full. The Client
indemnifies the Company for all debt recovery costs, legal costs, collection fees, administrative
costs and other expenses incurred in recovering overdue amounts on a full indemnity basis.

 

9. GST

Unless otherwise stated, all Prices and amounts payable under these Terms are exclusive of
GST. If GST is payable on any supply made by the Company, the Client must pay the
applicable GST in addition to the Price at the same time that payment for the relevant supply is
due. The Company will provide a valid tax invoice where required by law.

 

10.REPORTS

Where the Services include the preparation of a report, inspection report, fault report,
assessment, recommendation or similar document, the Client acknowledges that the report is
prepared solely for the purpose specified in the relevant Proposal or documentation and for the
benefit of the Client only. The Client must not provide the report to any third party or permit any
third party to rely upon it without the Company's prior written consent. Any findings,
recommendations or conclusions are based on information available at the time of inspection
and may change following further investigation, testing or inspection. The Company is not
responsible for decisions made by the Client or any third party based upon preliminary findings,
incomplete information or recommendations contained within a report.

 

11.INTELLECTUAL PROPERTY

All reports, drawings, designs, specifications, calculations, photographs, proposals, quotations
and other documents prepared by the Company remain the property of the Company and all
intellectual property rights in those documents remain vested in the Company. The Client may
use such documents solely for the purpose for which they were prepared and must not
reproduce, modify, distribute, publish or provide them to any third party without the Company's
prior written consent.
12.WARRANTIES AND LIABILITY
12.1 Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy
which cannot lawfully be excluded under the Australian Consumer Law or any other
applicable legislation.
12.2 Subject to clause 12.1, all warranties, conditions, guarantees and representations not
expressly stated in these Terms are excluded to the maximum extent permitted by law.

12.3 The Company warrants that:
(a) the Services will be performed with due care and skill; and
(b) its workmanship will be free from defects for a period of twelve (12) months from
completion of the relevant Services.
12.4 Any warranty claim must be notified to the Company in writing as soon as reasonably
practicable after the defect becomes apparent and:
(a) where the Client acquires the Goods or Services for business, commercial or
investment purposes, within seven (7) days of the defect becoming apparent; and
(b) where the Client is a consumer for the purposes of the Australian Consumer Law,
within a reasonable time after the defect becomes apparent.
Nothing in this clause limits or excludes any rights or remedies that cannot lawfully be
excluded under the Australian Consumer Law.
12.5 Manufacturer warranties apply only to the extent provided by the relevant manufacturer.
12.6 The Company's warranty does not apply to defects, failures or damage arising from:
(a) misuse;
(b) neglect;
(c) accidental damage;
(d) power surges;
(e) vermin;
(f) weather events;
(g) unauthorised modifications or repairs;
(h) corrosion;
(i) contamination;
(j) normal wear and tear; or
(k) any act or omission of a third party.
12.7 The Client must provide the Company with a reasonable opportunity to inspect and
rectify any alleged defect before engaging another contractor.
12.8 To the maximum extent permitted by law, the Company's liability for any claim relating to
Goods or Services supplied under a Contract is limited, at the Company's option, to:
(a) repairing the Goods;
(b) replacing the Goods;
(c) supplying equivalent Goods;
(d) re-supplying the Services; or
(e) paying the reasonable cost of any of the above.
12.9 The Company is not liable for any loss, damage, cost or expense arising from:
(a) latent defects;
(b) hidden conditions;
(c) previous workmanship;
(d) manufacturer defects;
(e) age-related deterioration;
(f) pre-existing non-compliances;
(g) corrosion or contamination; or
(h) equipment failures unrelated to the specific Goods or Services supplied by the
Company.
12.10 Limitation Period
To the maximum extent permitted by law, no claim, action or proceeding arising out of or
in connection with the Goods, Services or any Contract may be commenced against the
Company more than two (2) years after completion of the relevant Services or supply of
the relevant Goods.
12.11 To the maximum extent permitted by law, the Company is not liable for any indirect,
special, incidental or consequential loss, including:
(a) loss of profit;
(b) loss of revenue;
(c) loss of production;
(d) loss of opportunity;
(e) business interruption;
(f) increased operating costs; or
(g) damage to goodwill,
whether arising in contract, tort (including negligence), statute or otherwise.

 

13. FORCE MAJEURE

The Company is not liable for any delay or failure to perform its obligations where such delay or
failure arises from a Force Majeure Event. If a Force Majeure Event continues for more than
thirty (30) consecutive days, either party may terminate the affected Contract by written notice.
The Company may suspend or terminate the supply of Goods or Services where performance
becomes impracticable due to a Force Majeure Event.

 

14. Indemnity

To the fullest extent permitted by law, the Client will at all times indemnify and keep indemnified
the Company, its related entities and each of their directors, agents and employees (those
indemnified) against all expenses, losses, damages and costs (on a solicitor and own client
basis and whether incurred by or awarded against those indemnified) that those indemnified
may sustain or incur as a result, whether directly or indirectly, of any breach of these Terms or
any Contract by the Client.

 

15. GENERAL

15.1 Costs
Each party must bear its own costs associated with the preparation, negotiation and
execution of any Contract unless otherwise agreed in writing.
15.2 Amendment
These Terms may be amended at any time by the Company provided that the Company provides written notice to the Client.
15.3 Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter.
Any previous understanding, agreement, representation or warranty relating to that
subject matter is replaced by these Terms and has no further effect.
15.4 Assignment
The Client must not assign or transfer any of its rights or obligations under these Terms
without the prior written consent of the Company, which will be granted or withheld by
the Company in its absolute discretion.
15.5 Waiver
No waiver by the Company for any breach or default by any other party is effective
unless reduced to writing and signed by the Company, and any such waiver does not
constitute a waiver of any other continuing breach or default under these Terms.
15.6 Remedies
(a) Other than as provided in these Terms the rights and remedies provided under
these Terms are cumulative and not exclusive of any rights or remedies provided
by law or of any other such right or remedy. Any single or partial exercise of any
power or right does not preclude any other or further exercise of it or the exercise
of any other power or right under these Terms.
(b) The rights and obligations of the parties pursuant to these Terms are in addition to
and not in derogation of any other right or obligation between the parties under
any other deed or agreement to which they are parties.
15.7 Severance
If any provision of these Terms is prohibited, invalid or unenforceable in any jurisdiction,
that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition,
invalidity or unenforceability without invalidating the remaining provisions of these Terms
or affecting the validity or enforceability of that provision in any other jurisdiction.
15.8 Governing Law
This document is governed by the law in force in the State of Queensland. The parties
submit to the non-exclusive jurisdiction of the courts of that State and the Queensland
Registry of the Federal Court of Australia in respect of all proceedings arising in
connection with these Terms or any Contract.
15.9 Further Assurances
Each party will promptly do all things required by law or reasonably requested by any
other party to give effect to these Terms.
15.10 Installation and Maintenance of Goods
The Client must ensure that all Goods are installed, operated and maintained in
accordance with applicable laws, manufacturer recommendations and any instructions
provided by the Company. The Company is not responsible for damage arising from
improper installation, operation, maintenance or interference by third parties.
15.11 No Merger
No right or obligation of any party will merge on completion of any transaction under
these Terms. All rights and obligations under these Terms survive the execution and
delivery of any transfer or other document which implements any transaction under
these Terms.
15.12 Notices
Any notice under these Terms must be in writing and may be given by hand, post or
email to the recipient's last known contact details. A notice sent by email is deemed
received on the day it is transmitted unless the sender receives notification that delivery
has failed.

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