TERMS
TERMS AND CONDITIONS
The contractor is “AMB Services Pty Ltd, trading as All Things Electrical” ACN 159553205 ABN 11159553205. The
Customer is the person, persons or company to whom this document is directed. The Contractor and the Customer agree as follows:-
1. FORMATION OF AGREEMENT
1.1 Acceptance of Quotation
The Customer must accept or reject a Quotation within thirty (30) days of its receipt. The Contractor may, at its discretion, extend this period by notification in writing to the Customer.
1.2 Withdrawing or revising a Quotation
The Contractor may, at is absolute discretion, and without incurring any liability to the Customer whatsoever, revise or withdraw the Quotation at any time before communication by the Customer to the Contractor of its acceptance of the Quotation in writing.
1.3 Permission to authorise works
The customer certifies that they have permission to authorise works on the property and as such are liable as per these Terms and Conditions.
1.4 Formation of Contract
To accept this Quotation the Customer must do so in writing to the Contractor or if the Customer acknowledges the agreement by signing and returning a copy of the Quotation to the Contractor. Such acceptance constitutes acceptance of the Quotation and these Terms and
Conditions. It is deemed that the Customer has entered into a contract with All Things Electrical upon the receipt of the above.
1.5 Price Variation
This Quotation and any Contract subsequently entered into between the Contractor and the Customer shall be subject to variations in the costs of labour and materials. Any person seeking a variation to the Contract shall notify the other party in writing, setting out in full the details of the required changes to the Works. A variation document will be prepared by the Contractor; which must be in writing and signed by both the Customer and the Contractor.
2. PAYMENTS
12.1 Deposit
The Customer shall pay to the Contractor the deposit stated in the quotation upon the signing or acceptance of the Quotation.
12.2 Progress Payments
The Contractor shall submit written requests for progress claims to the Customer upon completion of each stage of the Works which shall be in the form of a valid Tax Invoice and consist of;
(a) the percentage of the price applicable to that stage as stated in the Quotation; and
(b) any other amounts then payable to the Contractor under the Contract.
The Customer shall make payment to the Contractor in accordance with that progress claim no later than 14 days of receipt of the Tax Invoice.
Should the Customer neglect or refuse to pay the amount of any progress payment by the due date, then the Contractor may, at its option, with or without notice to the Customer, suspend performance of the Works until such payment has been received in full. Accounts outstanding in excess of thirty (30) days shall be subject to interest charges.
3. DUTIES OF THE CONTRACTOR
3.1 The Works
(a) The Contractor must carry out and complete the Works in the best trade practice and professional manner and in compliance with the terms and provisions of the Contract.
(b) All works carried out will be done so in accordance with relevant laws and legal requirements and the Contractor will hold all licenses required to carry out and complete the Works.
(c) The Contractor warrants that all material supplied will be suitable for the purpose for which they are used and unless otherwise stated are new.
3.2 Third Parties
The Contractor may employ a third party for the purpose of completing the Works provided such person(s) are careful, skilled and experienced in their respective trades or occupations. The Contractor will be solely responsible for any and all payments to a third party for that part of the Works performed by it.
3.3 Warranty
The Contractor does not warrant the quality or performance of any electrical article supplied or installed by the Contractor.
It is the Customer’s responsibility to establish the warranty relationship with the manufacturer by ensuring that warranty cards or other registration requirements of the manufacturer of any electrical article supplied or installed by the Contractor are complied with.
4. EXTENSION OF TIME
4.1 Access
The Contractor’s Quotation is based on a continuous work programme, unless otherwise stated. If the Customer causes the Works to be delayed or delays are caused by any of the events in clause 7, then the performance of the Contractor’s obligations under these Terms &
Conditions or any Contract between the parties shall be suspended for the period of such delay and the completion date shall be extended accordingly.
4.2 Costs of delay
Where the Contractor has been granted an extension of time under this clause, the Customer shall pay to the Contractor such extra costs as are necessarily incurred by the Contractor by reason of the delay.
5. EXCEPTED RISKS
The Contractor shall not be liable for any delay or failure to perform its obligations under these Terms & Conditions or any Contract between the parties if such failure or delay results directly or indirectly from any cause, matter or thing beyond the reasonable control of the Contractor, including but not limited to:
(a) any act, default or omission on the part of the Customer, its employees and or agents; or
(b) any events occurring on or before Completion Date including but not limited to:-
(i) damage by fire, explosion, earthquake, lightning, storm, flood, acts of God, civil or military authority, public enemy, war, civil commotion, strikes, labour disputes or industrial conditions;
(ii) electric power supply failure;
(iii) inclement weather;
(iv) unavailability of suitable materials or parts;
(v) failure of transportation affecting the Contractor, its supplier or any other person company or firm;
(vi) latent conditions;
(vii) variations directed by the Customer;
(viii) changes in the law; or
(ix) directions or delays by municipal, public or statutory authorities
6. DAMAGES
Consequential, liquidated or pre ascertained damages are expressly excluded from these Terms & Conditions.
7. PRACTICAL COMPLETION
The Contractor shall complete the Works to Practical Completion in accordance with these Terms & Conditions and the
Contract on or before the Completion Date (as amended or varied by these Terms & Conditions).
7.1 Notice to be given
When, in the opinion of the Contractor, the Works have been completed to a stage of Practical Completion, the Contractor may give the Customer a Notice of Practical Completion. Within five (5) days after receipt of such notice, the Customer, if not satisfied that the Works are
practically complete, shall give to the Contractor notice of those matters, which the Customer requires to be carried out in order for the Works to reach Practical Completion. If the Customer does not respond by notice within the required time, then the Works shall be deemed to be practically complete without any omissions or defects.
Upon receipt of a notice from the Customer in accordance with this clause the Contractor must give the Customer a
notice that:
(a) lists the minor defects and minor omissions that both the Customer and the Contractor agree exist; and
(b) states the date by when the Contractor is to correct the listed defects and omissions; and
(c) lists the minor defects and omissions the Customer claims exist, but that are not agreed by the Contractor to
exist; and
(d) is signed by the Contractor
The Contractor may then receive the payment required to be made under the Contract by the Customer to the Contractor for the Practical Completion stage. The Contractor must make a reasonable effort to have the Customer sign the Notice of Practical Completion.
If, in the absence of written agreement between the Contractor and the Customer, the Customer takes possession of and/or uses the Works or any part thereof prior to the date of Practical Completion pursuant to this condition, the Works shall be deemed to have been practically completed on the date of commencement of such possession and/or occupancy and/or use.
The date of Practical Completion shall be the date for commencement of the Defects Liability Period.
8. RISK & OWNERSHIP
Risk of loss, damage or destruction to the materials, equipment and electrical article or any part thereof shall pass to the Customer on installation. The Contractor and the Customer agree that:
(a) the property of the Contractor in the materials remains with the Contractor until the Contractor has received payment in full of the price and any other monies due to the Contractor under these Terms & Conditions or any Contract between the parties;
(b) the Customer is a bailee of the materials until such time as property in them passes to the Customer and that such bailment continues until the Price of the Contract has been paid in full; Pending payment in full of the Price under the Contract, the Customer:
(c) must not supply any of the materials to any person;
(d) must not allow any person to have or acquire any security interest in the materials;
(e) must insure the materials for their full insurable or replacement value (whichever is the higher) with any insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business; and
(f) must not remove, deface or obliterate any identifying plate, mark or number on any of the materials.
If the Customer supplies any of the materials to any person before all moneys payable by the Customer have been paid to the Contractor the Customer agrees that:
(g) it must either pay the amount of the proceeds of re-supply to the Contractor immediately when they are received or
(h) the materials, equipment and electrical article remains the property of the Contractor until the Contractor has received payment in full of the price and any other monies due to the Contractor under these Terms & Conditions or any Contract between the parties; when the property in the materials, equipment and electrical article passes to the Customer;
(i) if the Customer fails to pay the price within the period as stated in the Contract, the Contractor may recover possession of the materials at any site owned, possessed or controlled by the Customer and the Customer agrees that the Contractor has an irrevocable licence to do so and to dispose of the equipment to recover costs if the Customer breaches these Terms & Conditions or any Contract between the parties.
9) DRAWINGS AND SPECIFICATIONS ETC.
a) The Customer shall be responsible for clarity of prints or drawings, omissions from specification and or bills of quantities and other documents forwarded to the contractor for quotation purposes. The Contractor shall hold all documents until the Customer accepts this quotation or the quotation lapses or is withdrawn.
b) If the Customer requests return of any documents provided to the Contractor for the purpose of this Quotation, the Contractor shall return those documents subject to the Customer issuing to the Contractor a receipt for those documents and the Customer stamping those documents as returned to the Customer.
c) If the Customer supplies to the contractor any plans, specifications or other documents for the purpose of requesting and submitting this Quotation, those plans, specification and other documents shall form part of this Quotation and shall incorporated without variation into the Contract between the Contractor and the Customer in accordance with clause 1.
d) The Customer shall be wholly responsible to ensure that the plans and specifications of any works included in this Quotation comply with all applicable legislation, regulations and by-laws. If any part of the plans, specifications or works requires variation in order to comply with applicable legislation, regulations or by-laws then all costs of any such variation shall be borne by the Customer.
e) The Customer shall be wholly liable for any additional costs associated with the existence of subterranean water, coal, rock, concrete or any other rock like material requiring drainage and/or excavation unless the Customer has submitted to the Contractor for the purpose of this Quotation bore logs indicating the presence and location of the subterranean water, coal, rock, concrete or other rock like material.
10) EXCAVATION
Excavation work included in this Quotation excludes excavation of rock, coal, concrete or other rock like material, unless otherwise stated. The Contractor shall accept no responsibility for removal or costs of excavated material and excess spoils. Such materials will be stock piled on the immediate work site for removal by the Customer
11) DE-WATERING
No allowance has been made in this Quotation for de-watering of excavations unless otherwise stated.
12) ACCESS
The Customer shall supply provide appropriate access to all of Works for installation of items of plant and equipment by the Contractor without the need for the Contractor to make major alteration to adjacent building components or fixtures. The Contractor shall notify the Customer of any delays in delivery or installation of special items and the Customer shall adjust the construction program to give the Contractor access for installation as required.
13) COMPACTION
This quotation makes no allowance for mechanical compaction or flooding unless otherwise noted.
14) TAX
Any increase in the cost to the Contractor of performing the Contract due to the imposition of a State or Federal government tax levy or the like shall be borne by the Customer in full as a variation of this Quotation unless otherwise stated.
15) GST
After 30th June 2000, the Goods and Services Tax (GST) will in most cases apply to the supply of goods and services by the Contractor. If the contractor is required to remit GST in respect of any supply of any goods or services to or at the direction of the Customer, the Customer shall pay to the Contractor as a variation of this Quotation an amount equivalent to the GST required to be remitted by the Contractor, unless the Quotation is expressed to be inclusive of GST.