1. Definitions

In these Terms, unless the context requires otherwise:

• “EIS” means E-I-S Technologies Pty Ltd, its employees, agents, subcontractors, and authorised representatives.

• “Client” means the party engaging EIS for the provision of Services.

• “Services” means all electrical, communications, security, audiovisual, energy-efficiency, engineering, design, installation, maintenance, monitoring, cybersecurity-related, and consulting works performed by EIS.

• “Goods” means any materials, equipment, components, or products supplied by EIS.

• “Contract” means these Terms, together with any proposal, quote, purchase order, or service agreement issued by EIS and accepted by the Client.

• “Variation” means any change, addition, or modification to the original scope of work.

2. Basis of Contract

2.1 These Terms apply to all Services performed by EIS unless expressly varied in writing.

2.2 Acceptance of a quote, issue of a purchase order, or request for Services constitutes acceptance of these Terms.

2.3 EIS may subcontract portions of the Services, and the Client provides consent to such engagement.

3. Quotations & Pricing

3.1 Quotations are valid for 30 days unless otherwise stated.

3.2 All prices are exclusive of GST unless specified.

3.3 Quotes are based on information provided by the Client. If site conditions differ, additional charges may apply.

3.4 EIS reserves the right to adjust pricing due to:

• Increases in material or supplier costs

• Supply chain delays or shortages

• Variations requested or required

• Hidden, unknown, or unsafe site conditions

4. Payment Terms

4.1 Payment is due 14 days from the date of invoice unless otherwise agreed in writing.

4.2 EIS may issue progress claims for staged works.

4.3 Late payments may incur interest at standard commercial rates and recovery costs.

4.4 EIS may suspend Services where invoices remain unpaid.

5. Client Obligations

The Client must:

a. Provide full access to the worksite, including utilities and existing infrastructure.

b. Ensure the site is safe and compliant with WHS requirements.

c. Disclose all known hazards, hidden services, risks, and structural limitations.

d. Obtain all required approvals, permits, and consents unless otherwise specified.

e. Provide accurate project information to allow EIS to design or deliver Services effectively.

EIS will not be liable for delays, damage, or costs arising from non-compliance with the above obligations.

6. Variations

6.1 Any Variation requested by the Client must be approved by EIS and may incur additional charges.

6.2 Variations may arise where:

• Hidden or unforeseen conditions are discovered

• Additional safety requirements are identified

• Client-supplied information is inaccurate

• The Client requests a change of scope

6.3 All Variations will be charged at EIS’s ruling labour and material rates or as otherwise agreed.

7. Delivery & Site Access

7.1 Delivery and installation dates are estimates only and subject to system availability, third-party factors, and site readiness.

7.2 EIS shall not be liable for delays caused by suppliers, government restrictions, industrial action, or site inaccessibility.

7.3 The Client must ensure the site is prepared for installation, including required power, access, clearance, and environmental conditions.

8. Warranties

8.1 Workmanship Warranty

EIS warrants its workmanship for 12 months from the date of completion.

8.2 Manufacturer Warranties

Manufacturer warranties apply to all equipment supplied. Warranty claims are subject to manufacturer assessment.

8.3 Warranty Exclusions

Warranties will not apply where:

• Equipment is tampered with, altered, or repaired by others

• Damage arises from misuse, power surges, incorrect load, third-party networks, or environmental factors

• Failures arise from cybersecurity incidents beyond EIS’s control

• The Client fails to maintain the system in accordance with recommendations

Statutory guarantees under the Australian Consumer Law (ACL) remain unaffected.

9. Limitation of Liability

9.1 EIS’s liability is limited, to the fullest extent permitted by law, to the lower of:
      a. the cost of re-supplying the Services, or
      b. the cost of repairing defective Goods.

9.2 EIS is not liable for:

• Consequential or indirect loss (including lost revenue, downtime, or business interruption)

• Failures caused by third-party contractors, utilities, networks, or service providers

• Cyberattacks, data breaches, or security incidents originating outside systems under EIS’s control

• Delays caused by the Client or external factors

9.3 Nothing in these Terms limits rights available under the ACL.

10. Intellectual Property

10.1 All drawings, designs, engineering documentation, models, programs, reports, software, and methodologies created by EIS remain its sole intellectual property.

10.2 The Client receives a non-exclusive licence to use such materials solely for the project for which they were provided.

10.3 Reproduction, modification, or disclosure without written consent is prohibited.

11. Suspension & Termination

11.1 EIS may suspend Services if:

• Payment is overdue

• The site becomes unsafe

• The Client breaches these Terms

11.2 The Client may terminate by written notice, but must pay for:

• All completed work

• Materials purchased or committed

• Demobilisation costs

11.3 EIS may terminate immediately where serious safety, payment, or contractual breaches occur.

12. Force Majeure

EIS is not liable for delays or failures resulting from events beyond its reasonable control, including, but not limited to, natural disasters, supply chain disruptions, network outages, industrial action, or government restrictions.