Business Day Means any day except Saturday, Sunday or a day that is a public or bank holiday in Queensland.
Contract Documents: Include all drawings, plans and specifications and all other information provided by the customer to the contractor.
Completion Date: Means the date for completion of the words under the contract.
Contract: Means the contract to carry out the works between the customer and the contractor by the acceptance of the quotation by the customer.
Defects Liability Period: means the period set out in the Quotation.
Electrical Articles: Are any items that are supplied by the customer or the contractor that are to be or used for the purpose of the electrical installation.
Practical Completion: Means the stage when the works have been completed in accordance with the contract and all relevant statuary requirements either without any omissions or defects or apart from minor omissions or minor defects.
Provisional Sum: Is the amount that is the contractor's estimate of the cost of performing the works.
Stock: Means the electrical articles or materials the Contractor deems necessary to carry.
Normal Working Hours: Between 7am and 4pm on a business day
Works: Means the work to be carried out under the contract including variations
Quotation: Means the written quotation given by the contractor to the customer which must set out the scope of the works, the price of the works
Variation: Means to vary the works by
A) Carrying out additional work,
B) Omitting any part of the works, or
C) Changing the scope of the works
2. FORMATION OF AGREEMENT
2.1. The customer must accept or reject a quotation within thirty (30) days of its issue date. The contractor may at its option extend this period.
2.2. The contractor may, at its 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.
2.3. The parties will be deemed to have formed a Contract upon the communication by the Customer to the Contractor of its acceptance Quotation in writing.
2.4. The Customer may engage the Contractor by means of Cost Plus, by doing so the Customer agrees to pay the Contractor according to the scheduled rates in clause 8 plus the cost of materials required to complete the Works. The parties will have deemed to have a contract upon signing to the agreement of these terms and conditions.
3. DUTIES OF THE CONTRACTOR
3.1. The Contractor must carry out and complete the Works in the best trade practise and professional manner and in compliance with the terms and provisions of the Contract Documents by the Completion Date.
3.2. The Contractor may employ it Servant or any third party for the purpose of completing the Works provided that such person(s) are carful skilled and experienced in their respective trades or occupations. The Contractor will be solely responsible for any and all payments to any Servant or third part for that part of the Works performed by it.
4.1. A Customer seeking a variation to the Contract shall notify the Contractor in writing, setting out in full the details of the required changes to the works.
5. CONTRACTORS WARRANTY
5.1. The contractor warrants that:
5.1.1. All Materials to be supplied for use in the works:
220.127.116.11. Will be good and, and having regard to the generally accepted practices or standards applied in the building industry for the materials or the specifications, instructions or recommendations of manufacturers or suppliers of the materials will be suitable for the purpose for which they are used and;
18.104.22.168. Unless otherwise stated are new;
5.1.2. The works will be carried out:
22.214.171.124. In accordance with all relevant laws and legal requirements, including the Electricity Act 1994 and the Electricity Regulations 1994.
126.96.36.199. In an appropriate and skilful way and;
188.8.131.52. With reasonable care and skill
5.1.3. If applicable the provisional sum has been calculated with reasonable care and skill, having regard to all the information reasonable available when the Contract is entered into ( including information about the nature and location of the Site) and;
5.1.4. At all times during the currency of the Contract it will hold all licenses required to carry out and complete the Works.
5.2. The Contractor does not warranty the performance or quality of any electrical articles supplied or installed by the contractor. It is the Customers responsibility to establish the warranty relationship with the manufacturer by ensuring warranty cards or other registration requirements of the manufacturer of any Electrical Articles supplied or install by the Contractor are complied with.
6.1. Payment will be conducted in a manner set out in the Invoice
6.2. Payment is due on completion of either stage of works or completion of works
6.3. A 50% deposit is required for jobs over the value of $500
7. LATE PAYMENT
7.1. Late payment of accounts will incur a fifteen percent (15%) per month interest rate calculated daily.
7.2. The Contractor will charge costs to the Customer that are incurred in the recovery of the debt.
8. SCHEDUAL OF FEES
8.1. Electrical works quoted over the phone are estimated based on our understanding of the scope given by the customer. Prices will be subject to change if site inspection deems other works are required or the scope has altered from what was quoted.
8.2. The Customer is responsible for costs associated with delivery of or transport of electrical articles or materials required to complete their works.
8.3. The Customer is responsible for travel cost associated in purchasing of non-stock electrical articles or materials
9. EXCEPTED RISK
9.1. The Contractor shall not be liable for any delay or failure to perform its obligations under this agreement 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:
9.1.1. Any act, default or omission on part of the customer, its employees and or agents; or
9.1.2. Any events occurring on or before completion date including but not limited to:
184.108.40.206. , earthquake, lightning, storm, flood, acts of God, civil or military authority, public enemy, war, civil commotion, strikes, labour disputes or industrial conditions
220.127.116.11. Electrical power supply failure;
18.104.22.168. Inclement weather;
22.214.171.124. Unavailability of suitable material or parts;
126.96.36.199. Failure of transportation effecting the Contractor, its supplier or any other person company or firm
9.1.3. Latent conditions
9.1.4. Variations directed by the customer
9.1.5. Changes in the law; or
9.1.6. Directions or delay by industrial, public or statutory authorities.
10. RISK & OWNERSHIP
10.1. Risk of loss, damage or destruction to the materials, equipment and Electrical Articles or any part thereof shall pass to the customer of the installation
10.2. In connection with the materials, equipment and Electrical Articles while they remain the property of the Contractor, the Customer agrees with the Contractor that:
10.2.1. The Customer has no right or claim to any interest in the materials to secure any liquidated debt or obligation the Contractor owes to the Customer;
10.2.2. The Customer cannot claim any lien over the materials;
10.2.3. The Customer will not create any absolute or defeasible interest in the materials in relation to any third part except as may be authorised by the Contractor;
10.2.4. Where the Customer is in actual or constructive possession of the materials:
10.2.4.1. The Customer will not deliver them or any document of title to the materials to any person except as directed by the Contractor; and
10.2.4.2. It is in possession of the materials as a balance of those materials and owes the Contractor the duties and liabilities of a bailee.
10.3. In connection with the materials, the Contractor states to the Customer that:
10.3.1. The Contractor has the right to supply the materials to the Customer;
10.3.2. The activities of the Contractor in supplying the materials do not infringe the rights of the owner of the materials(where the Contractor is not the owner of the materials);
10.3.2.1. If the materials are not owned by the Contractor, that the Contractor is authorised to supply the materials to the Customer.
10.4. The Contractor and the Customer agree that:
10.4.1. 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 the agreement or any Contract between the parties.
10.4.2. The Customer is a bailee of the materials until such time as property in them passes to the customer and that this bailment continues in relation to all of the materials until the Price of the Contract has been paid in full.
10.4.3. Pending payment in full of the Price under the Contract, the Customers:
10.4.3.1. Must not supply any of the materials to any person;
10.4.3.2. Must not allow any person to have or acquire any security interest in the materials;
10.4.3.3. 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.
10.4.3.4. Must not remove, deface or obliterate any identifying plate, mark or number on any of the materials.
11.1. 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 paragraph 10 herein, then the performance of the Contractor's obligations under this agreement or any Contract between the parties shall be suspended for period of such delay and the Completion date shall be extended accordingly.
11.2. 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.
12. PRACTICAL COMPLETION
12.1.1. The Contractor shall complete the Works to Practical Completion in accordance with this agreement and the Contract on or before the Completion Date(as amended or varied by the terms hereof)
12.1.2. When, in the opinion of the Contractor, the Works have been completed to a stage of Practical Completion, the Contractor may give the Customer notice hereof.
12.1.3. 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 completed without omission or defect.
12.2. Upon receipt of a nonce from the Customer in accordance with clause 11.3 the Contractor must give the customer a notice that:
12.2.1. Lists the minor defects and minor omissions that both the Customer and the Contractor agree exist; and
12.2.2. States the date by when the Contractor is to correct the listed defects and omissions; and
12.2.3. Lists all the minor defects and omissions the Customer claims exist, but that are not agreed by the Contractor to exist; and
12.2.4. 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.
12.3. The Contractor must make a reasonable effort to have the Customer sign the notice mentioned and referred as in clause 11.4 to acknowledge the contents
12.4. If, in the absence of written agreement between the Contractor and the Customer, the Contractor takes possession o 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 each possession and/or occupancy and/or use
12.5. The date of Practical Completion shall be the date for commencement of the Defects and Liability period.
13.1. If the parties agree in writing that the Customer shall retain retention monies from the Price, then such retention monies shall be limited to 10% of each progress payment. Once retention monies equal 5% of the Price, no further retention monies shall be retained by the Customer. Retention monies may be in the form of a Bank Guarantee in lieu of cash at the Contractor's option. Any retention monies, bank guarantees or other forms of retention held by the Customer are to be reduced to no more than 2.5% of the Price on the date of Practical Completion and any retention monies, bank guarantees or other forms of retention in excess of 2.5% of the Price are to be returned or released to the Contractor on that date.