1. Introduction
These Terms and Conditions ("Terms") govern the provision of services by Forged Access Pty Ltd (ABN 89 697 093 995, ACN 697 093 995) ("we", "us", "our", "Forged Access") and the use of our website at forgedaccesspty.site. By engaging our services or using our website, you ("the Client", "you") agree to be bound by these Terms.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including the Australian Consumer Law (ACL) as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
2. Definitions
- "Services" means any access control, gate automation, security fencing, intercom, maintenance, consulting, or related services provided by Forged Access Pty Ltd.
- "Quote" means a written estimate of cost for Services provided by us to you.
- "Agreement" means the binding contract formed when you accept a Quote and these Terms.
- "Site" means the property or location at which Services are to be performed.
- "Working Days" means Monday to Friday, excluding Western Australian public holidays.
3. Quotes and Acceptance
All Quotes provided by Forged Access are valid for 30 days from the date of issue, unless otherwise stated in writing. Quotes are based on information provided by the Client and a site assessment where applicable. Forged Access reserves the right to revise a Quote if site conditions or Client requirements differ materially from those on which the Quote was based.
An Agreement is formed when you sign or otherwise accept a Quote in writing, including by email confirmation. Verbal acceptance alone does not constitute a binding Agreement.
4. Pricing and Payment
All prices are quoted in Australian Dollars (AUD) and include GST unless otherwise stated. Payment terms are specified in each individual Quote or Agreement. Standard terms are:
- A deposit (typically 30–50%) may be required prior to commencement of works
- Remaining balance is payable within 14 days of completion, unless otherwise agreed in writing
- Payments may be made by bank transfer, or by arrangement with us in advance
Forged Access reserves the right to charge interest on overdue invoices at the rate of 2% per month compounding, and to recover reasonable debt collection costs.
5. Scope of Works and Variations
The scope of Services is as set out in the accepted Quote. Any variation to the agreed scope must be requested in writing and confirmed by Forged Access in a written Variation Order, which will specify any additional cost and timeframe. Works outside the agreed scope will be charged at our current rates.
6. Client Obligations
You agree to:
- Provide accurate and complete information about the Site and your requirements
- Ensure safe and timely access to the Site during agreed working hours
- Obtain any required council approvals, permits, or body corporate consents before works commence
- Ensure the Site is safe and free from hazards that may affect our personnel
- Notify us promptly of any changes to your requirements or Site conditions
Where delays are caused by the Client's failure to meet these obligations, Forged Access may charge for any resulting costs or reschedule works at its discretion.
7. Completion and Handover
Upon completion of installation or works, Forged Access will carry out a commissioning check and provide basic operation training where applicable. The Client is responsible for inspecting the completed works and notifying us in writing of any defects within 5 Working Days of completion. Failure to notify within this period will be taken as acceptance of the works.
8. Warranties
Forged Access warrants that all Services will be performed in a proper and workmanlike manner, using products of acceptable quality, in compliance with applicable Australian Standards. Warranty periods on installations and parts are as specified in the relevant Quote or product documentation.
Nothing in these Terms limits, excludes, or modifies any right or remedy you may have under the Australian Consumer Law, including any guarantee as to acceptable quality, fitness for purpose, or due care and skill that cannot be excluded by law.
9. Limitation of Liability
To the maximum extent permitted by law (including the Australian Consumer Law), Forged Access's total liability to the Client for any claim arising from these Terms or the provision of Services is limited to the total fees paid by the Client for the specific Services giving rise to the claim.
We are not liable for any indirect, consequential, special, or punitive loss or damage, including loss of profits, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such loss.
10. Intellectual Property
All designs, drawings, specifications, and documentation prepared by Forged Access remain our intellectual property unless otherwise agreed in writing. You are granted a non-exclusive licence to use such materials solely for the purposes for which they were created.
11. Confidentiality
Each party agrees to keep confidential any information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential, and not to disclose it to any third party without prior written consent, except as required by law.
12. Cancellation
If you wish to cancel an Agreement after acceptance, you must notify us in writing as soon as possible. Forged Access reserves the right to retain the deposit and to charge for any costs, materials, or labour reasonably incurred up to the date of cancellation. Cancellation fees will be calculated on a reasonable basis and communicated to you in writing.
13. Website Use
The content on forgedaccesspty.site is provided for general information purposes only. While we endeavour to keep information accurate and current, we make no warranties as to its completeness or accuracy. You use the website at your own risk. We reserve the right to modify or withdraw website content at any time without notice.
14. Dispute Resolution
If a dispute arises in connection with these Terms or our Services, both parties agree to attempt to resolve it in good faith through direct negotiation in the first instance. If the dispute is not resolved within 20 Working Days of written notice, either party may refer the dispute to mediation administered by a mutually agreed mediator, or to a court of competent jurisdiction in Western Australia.
15. Governing Law
These Terms are governed by the laws of Western Australia and the applicable laws of the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.
16. Amendments
Forged Access may amend these Terms at any time. The current version will be published on our website. Continued engagement of our Services or use of our website following publication of amended Terms constitutes acceptance of those amendments.
17. Contact
For any questions regarding these Terms, please contact:
Forged Access Pty Ltd
ABN 89 697 093 995 | ACN 697 093 995
Floreat, WA 6014
Email: ceo@forgedaccesspty.site
Website: forgedaccesspty.site