1. Agreement to these terms
By requesting a quote, engaging our services or using this website, you agree to be bound by these Terms of Service. These terms, together with any quoted scope of works and written confirmation we issue, form the agreement between you and Precision Traffic Management Pty Ltd (ABN 50 702 666 528) (“we”, “us” or “our”). If there is any inconsistency between a signed works order or quoted scope and these terms, the works order or quoted scope prevails to the extent of the inconsistency.
2. Our services
We provide traffic management and road safety services, including traffic control personnel, traffic management plans, temporary traffic guidance equipment, road and lane closures, event traffic management and related services. The specific services we provide to you are those described in the quote or works order issued for your job. Descriptions and images on this website are general in nature and do not form part of any contract unless expressly incorporated into a quote.
3. Quotes and engagement
Quotes are prepared based on the information you provide and reasonable assumptions about site conditions, durations, personnel and equipment requirements. Unless otherwise stated, quotes are valid for 30 days from the date of issue. Your engagement of our services is confirmed when you accept a quote in writing (including by email) or when we attend site at your request.
4. Client responsibilities
You agree to:
- provide accurate and complete information about the site, the works, hazards and expected durations;
- provide safe, lawful and timely access to the site for our personnel and equipment;
- ensure that any council, road authority, event or other approvals required for the works are obtained, unless we have agreed in writing to obtain them on your behalf; and
- ensure that actual site conditions reasonably match the information provided to us.
Additional costs arising from inaccurate or incomplete information, unsafe site conditions, unauthorised site access issues or extended durations may be charged at our quoted rates.
5. Approvals, permits and traffic management plans
Traffic management plans prepared by us are prepared for the specific site and scope stated in the relevant quote. Implementation of a traffic management plan may require approval from the relevant road authority, council or other body. Unless we agree otherwise in writing, you are responsible for obtaining any such approvals in time for the works. Approval timeframes are outside our control, and delays in approval may affect scheduling.
6. Pricing, GST and invoices
All prices are quoted in Australian dollars and, unless stated otherwise, exclude Goods and Services Tax (GST). Rates are based on the hours, personnel and equipment set out in the quote, and minimum call-out periods may apply. We will issue a tax invoice for the services provided.
7. Payment terms
Unless otherwise agreed in writing, invoices are payable within 14 days of the invoice date by the payment method stated on the invoice. Overdue amounts may, to the extent permitted by law, accrue interest, and we may suspend further services until overdue amounts are paid. If you dispute any amount on an invoice, you must notify us in writing within 7 days of the invoice date, setting out the reason for the dispute, and pay the undisputed portion when it falls due.
8. Variations, cancellations and delays
Variations to the agreed scope must be agreed in writing before they are actioned, and may be charged at our quoted rates. Cancellation of booked services may attract a cancellation fee where notice is not provided within a reasonable period before the scheduled start, and we will advise the applicable fee on request. Delays caused by weather, direction of authorities, other trades or changed site conditions may result in additional charges at our quoted rates.
9. Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted or modified. Where our services are supplied to you as a consumer within the meaning of the Australian Consumer Law, our services come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a remedy for a failure to comply with a consumer guarantee, including, in the case of a major failure, a refund or the resupply of the services and compensation for reasonably foreseeable loss or damage.
10. Limitation of liability
To the fullest extent permitted by law:
- where the Australian Consumer Law applies and we cannot exclude liability for a failure to comply with a consumer guarantee, our liability is limited, where the failure is not a major failure, to supplying the services again or paying the cost of having the services supplied again;
- we are not liable for indirect or consequential loss, loss of profit or loss of revenue, except where such loss arises from a failure to comply with a consumer guarantee that cannot be excluded or where liability cannot otherwise be excluded by law; and
- nothing in these terms limits or excludes liability for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be limited or excluded.
11. Indemnity
You indemnify us, and hold us harmless, against losses, claims, damages and reasonable costs arising from inaccurate or incomplete information you provide to us, your failure to obtain required approvals, unsafe site conditions within your control, or your breach of these terms, except to the extent the loss or claim is caused by our negligence or our breach of these terms.
12. Intellectual property
Traffic management plans, methodologies, calculations and other documents we prepare remain our property or the property of our licensors. You may use those documents for the project to which the relevant quote relates, but you must not reproduce, adapt or distribute them for any other purpose without our prior written consent. Content on this website, including text and graphics, is protected by copyright and must not be reproduced without our permission.
13. Website content
Information on this website is provided for general information only and does not constitute professional advice. It may change without notice, and you should confirm current service availability, pricing and details with us before relying on any information on this website. Links to external websites are provided for convenience only, and we do not endorse and are not responsible for their content.
14. Suspension and termination
Either party may terminate the agreement for our services by written notice to the other. On termination, you must pay for all services performed, personnel committed and equipment supplied up to the date of termination. We may suspend services immediately where invoices remain overdue, where site conditions present a safety risk to our personnel, or where you fail to meet your responsibilities under these terms.
15. Force majeure
We are not liable for delay or failure to perform our obligations to the extent caused by events beyond our reasonable control, including extreme weather, natural disasters, directions of road or other authorities, industrial action, utility failures, epidemics or other emergencies. Where such an event occurs, we will notify you as soon as reasonably practicable, and affected scheduling and charges will be adjusted fairly.
16. Privacy
We handle personal information in accordance with the Australian Privacy Principles and our Privacy Policy. By engaging our services or using this website, you consent to the collection, use and disclosure of personal information as described in the Privacy Policy.
17. Changes to these terms
We may update these terms from time to time. The version published on this website at the time you request a quote or engage our services will apply to that engagement. For existing engagements, we will notify you in writing of any changes that materially affect you.
18. Governing law and disputes
These terms are governed by the laws of Victoria, Australia, and the parties submit to the jurisdiction of the courts of Victoria. Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute through direct discussion, and, where appropriate, mediation.
19. Contact us
If you have any questions about these Terms of Service, please contact us by email at ceo@precisiontrafficmanagement.online or write to us at Melbourne VIC, Australia. We aim to respond to enquiries within one business day.