Request for Service
Please fill out ALL fields in the following form to submit a service request with FMS Commercial. We will be in touch within 2 business hours to confirm your request.
Important notice: If emergency attendance is required please submit this form and then call 1300 46 46 41 or 0429 228 819 to speak directly with our on-call technician.
- “Goods” shall mean Goods supplied by the Supplier to the Purchaser (and where the context so permits shall include any supply of Services as hereinafter defined) and includes Goods (or Services as the case may be) as outlined on any quote, invoice, purchase order or any other documentation produced in relation to this agreement.
- “Equipment” shall mean any and all Equipment and consumables supplied by the Supplier to the Purchaser of and incidental to the supply of and Goods or Services (as defined) pursuant to any quote, invoice, purchase order, or any other documentation produced in relation to this agreement.
- “Price” shall mean the total cost of the Goods, Equipment and Services as agreed between the Supplier and the Purchaser as set out on the quotation, invoice, purchase order or any other relevant documentation produced in relation to this agreement on a fixed basis.
- “Purchaser” shall mean the FMS Commercial Pty Ltd (ACN 161 147 575) or any person acting on behalf of and with the authority of the Purchaser, including but not limited to the Purchaser’s agent or servant.
- “Services” shall mean all Services supplied by the Supplier to the Purchaser and includes any advice or recommendations (and where the context so permits shall include any supply of Goods or Equipment as defined above).
- “Supplier” shall mean the Supplier named on any quote, invoice, purchase order, or any other documentation produced in relation to this agreement, or any person acting on behalf of and with the authority of the Supplier, including but not limited to the Supplier’s agent or servant.
2.1 Any instruction received by the Supplier from the Purchaser for the supply of Goods and/or Equipment and the performance of Services and/or the Purchaser’s acceptance of Goods and/or Equipment supplied or Services rendered by the Supplier shall constitute acceptance of the terms and conditions contained herein..
2.2 Upon acceptance of these terms and conditions by the Supplier the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the manager of the Purchaser at the Purchaser’s sole discretion.
3.1 The Goods are as described on the invoice, purchase order, quotation, work authorisation or any other work commencement forms as provided by the Purchaser to the Supplier.
3.2 In addition to any Goods and/or Services, the Supplier will provide any Equipment necessary to fulfil the purchase order for the Price as agreed.
3.3 Unless otherwise agreed, delivery of the Goods or Equipment shall take place upon acceptance of the Goods or Equipment by a duly authorised representative of the Purchaser and such Goods and Equipment shall be and the sole and absolute risk of the Supplier until delivery is so acknowledged by the duly authorised representative of the Purchaser.
3.4 The Goods and/or Services shall be supplied in accordance with the requirements of FMS Commercial’s Quality Safety and Environmental Management and the requirements of the ISO Accreditation of the Purchaser’s management system.
- Price and Payment
4.1 The Price shall be as indicated on the invoice, quotation or purchase order provided to the Supplier by the Purchaser in respect of Goods (and/or Equipment) supplied or Services rendered.
4.2 Time for payment of the Price for Goods, Equipment and/or Services shall be within sixty (60) days of the end of month in which the order is placed.
4.3 Payment shall be made by cash, by bank cheque, or by credit card (plus any charges that maybe applicable), or by direct credit, or by any other method as agreed to between the Purchaser and the Supplier.
4.4 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable, except to the extent that such taxes are expressly included in any quotation given by the Supplier.
4.5 The Purchaser acknowledges no liability for any Goods or Equipment supplied unless the Supplier can produce to the Purchaser a delivery receipt, signed by an authorised representative of the Purchaser. The signing of any delivery receipt shall not amount to an acceptance of the quality or quantity of the Goods or Equipment so supplied to the Purchaser, nor shall it waive any rights pursuant to Clause 5 herein.
4.6 The Supplier shall provide by the date or dates specified in the purchase order all drawings, technical data and operating and maintenance manuals with and as part of the Goods or Equipment so supplied. The Purchaser may withhold all monies then due and owing until compliance by the Supplier with the requirements of this Clause have been met.
- Defects / Returns
5.1 The Purchaser shall inspect the Goods on delivery and shall within fourteen (14) days of delivery notify the Supplier in writing of any alleged defect, shortage in quantity, damage or failure to comply with the description contained in the invoice or quote. The Purchaser shall afford the Supplier an opportunity to inspect the Goods and within a reasonable time following delivery if the Purchaser believes the Goods are defective in any way.
6.1 Subject to the conditions of warranty set out in Clause 6.2 the Supplier warrants that if any defect in any workmanship of the Supplier becomes apparent and is reported by the Purchaser to the Supplier within twelve (12) months of the date of delivery/installation, then the Supplier will either repair the defect or remedy the workmanship.
6.2 The conditions applicable to the warranty given by Clause 6.1 are:
- The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
- Failure on the part of the Purchaser to properly maintain any Goods: or
- Failure on the part of the Purchaser to follow any instruction or guidelines provided by the Supplier; or
- Any use of any Goods otherwise than for any application specified on a quote or order form; or
- The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or the effect of force majeure.
6.3 For Goods and/or Equipment not manufactured by the Supplier, the warranty shall be the current warranty provided by the manufacturer of the Goods/Equipment.
6.4 The Supplier warrants that the Goods or Equipment are free of any mortgage, charge, lien or encumbrance whatsoever whereby the Purchaser may be liable to be dispossessed of the same.
7.1 The Purchaser may cancel these terms and conditions or cancel delivery of Goods/Equipment or performance of Services at any time before the Goods/Equipment are delivered or the Services are performed by giving written notice to the Supplier. The Purchaser shall not be liable for any loss or damage whatsoever arising from such cancellation.
7.2 The Purchaser shall be at liberty to cancel any order at any time (even after delivery or following commencement of works) without liability in the following circumstances:
- i) The Supplier failing or being unable to comply with any of the terms, conditions or warranties contained in this agreement
- ii) Insolvency on the part of the Supplier.
8.1 The Supplier shall maintain the same level of insurance as is required by the Purchaser under the head contract, including but not limited to contractor’s risk, worker’s compensation and public liability insurance and shall furnish the Purchaser with certificates of currency and policy documents upon the request of the Purchaser.
8.2 The Supplier shall comply with the provisions of all Acts and regulations applicable to occupational health and safety, long service leave and conditions of employment and any site agreements in the same terms as those which the Purchaser is subject to under the head contract.
8.3 Except where specifically agreed otherwise, the Supplier shall insure, at its sole cost and expense, all Goods and Equipment whilst in transit to the destination required by the Purchaser.
9.1 This agreement is to be read and interpreted in conjunction with the head contract, purchase order, invoice, quotation, safety procedures and any other relevant documentation.
9.2 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability, of the remaining of the provisions shall not be affected, prejudiced or impaired.
9.3 All Goods, Equipment and Services supplied by the Supplier are subject to the laws of South Australia and the Purchaser takes no responsibility for changes in the law which affect the Goods supplied.
9.4 The Purchaser shall be under no liability whatever to the Supplier for any indirect loss and/or expense (including loss of profit) suffered by the Supplier arising out of a breach by Purchaser of these terms and conditions.
9.5 In the event of any breach of this contact by the Purchaser the remedies of the Supplier shall be limited to damages. Under no circumstances shall the liability of the Purchaser exceed the Price of the Goods.
9.6 The Supplier shall not set off against the Price amounts due from the Purchaser.
9.7 The Supplier shall not license or sub-contract any part of its obligations without the Purchaser’s prior written consent.
9.8 The Purchaser reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Purchaser notifies the Supplier of such change.
9.9The Supplier warrants to the Purchaser that it will not infringe any intellectual property right of any third party in the course of or in connection with the supply of the Goods/Equipment, the performance of the Services or the carrying out of its obligations under this agreement and further warrants that the use or enjoyment of such Goods, Equipment or Services by the Purchaser will not infringe the intellectual property rights of any third party.
9.10 Neither party shall be liable for any default due to any effect of force majeure, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either partly.
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Call: 1300 46 46 41
GPO Box 609,
Adelaide SA 5001
We will be in touch within 2 business hour to confirm your request.
Important: If within a few minutes of submitting this service request you do not receive an email confirmation, please contact us on 1300464641 or at email@example.com.