Service Terms & Conditions

HELLO AND WELCOME

By using our services, you agree to be bound by the following Terms & Conditions.

SERVICE TERMS AND CONDITIONS

1.0 DEFINITIONS

“Customer” means a person, firm or corporation, jointly and severally if more than one, that requests goods or services from us.
Note in all cases, any request for action is deemed to be approved and that the requester has permission to contract the works requested;
“goods” all parts and other goods supplied by us to you or on your behalf;
“services” all services performed by us for you or on your behalf;
“normal hours” Monday to Friday 8.00am to 4.00pm at your local time, excluding statutory or award public holidays;
“Easy Living” means Easy Living Services Pty Limited (ABN 98 139 391 923); and
“Lift Equipment” all equipment, including both electrical and mechanical components and wiring, installed in the respective machine room, landing doors and on the landings for each lift, commencing with and including the circuit breaker or circuit breakers in each lift machine room or controller, but does not include the following:
a) All electrical power mains and accessories on the supply side of the Lift Equipment’s main circuit breaker.
b) Lift well enclosure. (including internal surfaces, ledges, beams and sills), caissons, motor room, access doors, windows and locks).
c) Machine room and lift shaft ventilation and fire fighting equipment.
d) Lift pits, sump pumps or other equipment installed to remove water from lift pits.
e) Landing door panels or frames, architraves, transoms and sills, car interiors and materials on the internal surfaces including floors and floor coverings, door panels, lights, light diffusers, removable ceilings and panels, hand rails and other architectural features or accessories.
f) Telephone, piped music, audio and security equipment, any wiring external to the lift well, machine room unless specifically identified as part of the Lift Equipment covered by this Agreement.
g) balustrades, trusses, handrails, skirting, yellow demarcation lines on steps and pallets, decking and other panels or floor plates.
h) Face plates of car and landing push button and indicator panels.
i) Fusion of motors and any damage relating to lightning strikes or power surges and the like.

Where the equipment to be maintained comprises platform lifts or similar transport installations, the term “Lift Equipment” includes such installations and the word “lift” will have a similar extended meaning.

2.0 BASIS OF CONTRACT

2.1 The customer must give Easy Living notice within 14 days of any change in ownership, customer’s name, address, contact numbers or any other relevant details.
2.2 Unless otherwise agreed by us in writing, these Conditions apply to every supply of goods and provision of services by Easy Living and cannot be varied, amended or supplemented by the customer with any other terms or conditions without our prior written consent.

3.0 PRICES AND QUOTATIONS

3.1 A quotation is valid for 28 days from the date of issue or such period as stated in it. A quotation is not to be construed as an obligation to sell but merely an invitation to treat and no contractual relationship shall arise from until the buyer’s order has been accepted in writing.
3.2 Parts quoted but not used on the job will be excluded from the invoice. Likewise, any extra parts or consumables necessary to complete the job will be added to the invoice.
3.3 For business customers, property managers and landlords or agents, you hereby agree that it is your responsibility to advise us of any purchase order number, works order number or the like required by your organisation at time of booking. The failure of your organisation to advise us of this number does not constitute fair reason for non-payment.

4.0 ATTENDANCE OUTSIDE NORMAL HOURS

4.1 If attendances are required outside normal hours all time including travel will be charged at Easy Living’s after hours rates.
4.2 Any works carried out after normal hours may have only temporary repairs or adjustments effected as are within the capacity of the attending employee and the balance of any work will be carried out during normal hours. Any fault that causes a risk to safety that cannot be rectified expeditiously will cause the lift to be shutdown.
4.3 Easy Living may not be obliged to commence the services until agreement is reached on the cost of the services and the time and method of payment.

5.0 TELEPHONE SUPPORT AND REMOTE DIAGNOSIS

5.1 If the elevator has EagleOS or GeckoOS smart lift technology. To ensure that the product is repaired as quickly and efficiently as possible, the customer can work cooperatively with Easy Living telephone support to try to diagnose the problem remotely, Easy Living may request that the customer allow remote access to the elevator via an internet link.

6.0 CHARGES AND PAYMENTS

6.1 Payment for goods and services must be made by EFTPOS or credit card on or prior to the supply of the goods or service unless you have a credit account with us. Credit card payments will attract a Merchant Service Fee of 0% for Visa or MasterCard, 1.75% for American Express and 3% for Diners.
6.2 All our visits are chargeable and are charged per half hour blocks. Any part thereafter is chargeable as a full half hour.
6.3 Travel time may be applied at rates dependent on your location.
6.4 For service requests outside the metropolitan area, which occur between our regularly scheduled visits. The customer will be charged all travel time and the round trip is calculated in the number of kilometers travelled from dispatching location, such costs are calculated at our regular rates.
6.5 After hours rates will be applied for outside normal hours visits.
6.6 The customer agrees that it is a condition of any credit account facility that credit card details are provided to us and these may be stored in a secure software platform.
6.7 Any call out for passenger entrapment in a commercial property will be the client’s responsibility and will be billed to the client as per the schedule of rates.

7.0 DEFAULT AND CONSEQUENCES OF DEFAULT

7.1 Easy Living may charge interest on overdue amounts at commercial bank lending rates, calculated daily, from the date when payment becomes due until the date of payment received.
7.2 Customer agrees to pay all expenses and costs (including debt collection expenses, legal costs etc.) incurred by Easy Living to collect any unpaid amounts.
7.3 If at any time the customer is in breach of any obligation (including payment), Easy Living may suspend or terminate the supply of any goods or services or any of its other obligations. Easy Living will not be liable for any loss or damage as a consequence.
7.4 Easy Living reserves the right to disclose your private information to third parties such as debt collection agencies, credit default agencies etc.
7.5 Easy Living reserves the right to lodge a credit default on overdue accounts.
7.6 The client agrees that Easy Living may at any time withdraw or vary Credit facility or any credit limit of the Credit facility and the account will be placed on prepayment whereby payment will be required upfront prior to scheduling of service.

8.0 RISK AND INSURANCE

8.1 The risk in the goods and all insurance responsibility for theft, damage, vandalism or otherwise in respect of the goods shall pass to the customer immediately upon delivery of the goods to the nominated premise.
8.2 Title to software remains with Easy Living or its licensor’s.

9.0 RESCHEDULING AND CANCELLATION

9.1 Easy Living will make best efforts to respond to requests for on-site service stated.
9.2 Any period or date for delivery of goods or provision of services stated by us is intended as an estimate only and is not a contractual commitment, even if already accepted in notice of writing to you. We will use our reasonable endeavors to meet any estimated dates for delivery of the goods or completion of the services.
9.3 If customer provides less than twenty-four (24) hours notice to cancel any request for on-site service, then a cancellation fee applies.
9.4 Your payment is for service attendance at an “agreed attendance time”. Should there be nobody at the premises when the technician arrives at the “agreed attendance time”, the service is charged. Any subsequent rescheduling required is also chargeable.

10.0 WARRANTY
10.1 Refer to your “Warranty Certificate” provided with your elevator at time of handover for full terms and conditions information.
10.2 Easy Living warrants that maintenance and repair works carried out, shall be free from any defects in workmanship or parts for a period of ninety (90) days.
10.3 All replacement parts installed during the warranty period do not extend the warranty period on the lift equipment or any part of the lift.
10.4 Easy Living will repair or replace any defective part that proves defective during the warranty period. If the part is repaired or reconditioned to like new performance and functionality, customer shall not be entitled to reject the part or seek any price reduction.
10.5 If the Customer is in default of payment, no warranty claims whatsoever shall be considered. The warranty is voided after 90 days in default.

11.0 POST WARRANTY
11.1 After expiration of the warranty period, customer has the option to enter into a Service Agreement or to opt for their servicing on an ad-hoc basis for which additional, separate terms and conditions apply. Note ad-hoc customers still must meet their obligations to provide “safe to operate” lift equipment which includes, regular maintenance in accordance with the manufacturer’s specifications.

12.0 CUSTOMER’S RESPONSIBILITIES
12.1 The Customer shall provide safe, free and sufficient access to the elevator and control cabinet/room whenever service is required. This includes moving any materials, furniture and equipment stored in a location that limits access to the lift controller or equipment.
12.2 The Customer shall co-operate with Easy Living to the extent necessary, to permit service to be performed efficiently and without interruption.
12.3 Customer will ensure that any breakdown, stoppage or malfunction of the Lift Equipment or any accident, emergency or other circumstance likely to affect the safe or proper operation of the Lift Equipment is immediately reported to Easy Living Services immediately.
12.4 The building or premises in which the Lift Equipment is located, is and will continue to be hygienic, safe and free from vermin, chemicals, substances or conditions which could injure or cause illness to Easy Living personnel. Easy Living may refuse to provide service until the site is deemed safe.
12.5 In the interest of site safety and preservation of the Lift Equipment, the customer must not allow or authorise any service, maintenance, repair, replacement, renewal, alteration or substitution of any part of the Lift Equipment to be carried out other than by Easy Living in accordance with this condition unless Easy Living written approval (which Easy Living will not unreasonably withhold) has first been obtained.
12.6 Charges, installation and maintenance of all communication media, including, but not limited to customer telephones and internet networks, is the responsibility of the customer.
12.7 Customer is responsible to ensure all basic operator maintenance as described in the user manual for the product is performed.

13.0 LIABILITY
13.1 Easy Living shall carry and provide Workers’ Compensation Insurance and Public Liability Insurance as appropriate, The liability to the customer is limited to the respective level of cover under those policies.
13.2 In no event or circumstance will Easy Living have any liability for incidental, consequential, indirect, special, or punitive damages of any kind.

14.0 INTELLECTUAL PROPERTY RIGHTS
14.1 Copyright and patent and design rights held by Easy Living and relating to the Lift Equipment will remain the absolute property of Easy Living Home Elevators and Easy Living Services’ designs, drawings and other documents (including computer software and electronic data) will not be reproduced or disclosed by the customer or allowed to be reproduced or disclosed without Easy Livings’ prior written permission.
14.2 All documents provided by Easy Living will be regarded as confidential and the customer must not disclose or allow to be disclosed the contents of any document to a third party without the prior written approval of Easy Living Services.

15.0 RESPONSE TIMES:
15.1 We take every effort and endeavor to provide the quickest response time possible by locating the nearest technician to your site.
15.2 We specifically prioritise any trapped passengers as our foremost responsibility and we appreciate your patience if/when awaiting a technician to attend to your request. In addition, our policy is to prioritise all “Emergency related services” due to the nature of risks involved. i.e. hospitals, aged care facilities, lifts in homes with disabled residents etc.
15.3 Although we attempt to expedite a speedy response to site, certain factors out of our control may affect response times, i.e traffic congestion, speed limits, rain-storms, flooding etc.
15.4 Normal breakdowns will be attended to by the nearest technician to you site, in the quickest possible time. (This depends on finishing off & making safe the equipment where the technician is currently at before he can travel to the next job/breakdown). We currently achieve a response between the same day or next day service. No guarantees can be given to response times due to the nature of our business and conditions affecting the response times.

16.0 GOVERNING LAW
16.1 These Conditions shall be governed by and construed in accordance with the laws of Australia. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Australia. If any of these Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of Australia, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable. Easy Living Home Elevators reserves the right to change any of its terms and conditions at any time, an updated version will be posted on the website.

If you do not accept these Terms in full, you must contact us immediately.