Unless otherwise agreed in the Special Conditions below, the parties agree to the following Conditions of Contract
The contractor will carry out “the Works” described in this quotation for “the contract sum”, which may be varied pursuant to these conditions.
3. Terms of Payment
The client must pay the amount due on completion of the work or each stage of the work if applicable within 7 days of receipt of an invoice from the contractor.
The client must provide adequate access for the contractor to carry out the work as required or additional charges may be incurred. The client must remove any personal property likely to impede the work.
5. Drawings, Details and Dimensions
The client shall provide the contractor with all necessary drawings, dimensions and locations in adequate time to enable the contractor to carry out and complete the works in accordance with the contract. The client is responsible for the accuracy of any dimensions or drawings it provides.
6. Materials Supplied By Client
The contractor does not warrant any materials supplied by the client.
7. Existing Underground Services
If within a reasonable time before the works are commenced on the site, the client informs the contractor of the presence, nature of location of underground services on the site, the contractor shall, at no cost to the client, make good any damage which he may cause to such services.
8. Asbestos and Other Toxic Substances
This contract is conditional upon the site of the works being free from asbestos and other toxic substances and should asbestos or other toxic substances be discovered then the client shall accept full responsibility for the resolution of any problems arising and shall add to the contract sum an amount equal to any costs necessarily incurred by the contractor as a consequence of such problems.
9. Finished Surfaces
The client shall make good all finished surfaces, including but not limited to ceiling tiles and panels, face brickwork and rendered masonry surfaces, which the contractor may reasonably have to break into or disturb in the performance of the works.
10.1 If the client requests any variation in the works during the contract, the contractor shall, in accepting the variation, be entitled to increase or decrease the contract sum to take account of the costs of such variation and shall be entitled to a reasonable extension of time to complete the works, as varied. The client agrees that they will be liable for any increases to the contract sum as a result of variations.
10.2 There will be a minimum variation amount of $110 inclusive of GST for each variation submission of additional works.
10.3 The variation will not take place until the order has been signed by the client and received by TALR electrical supremacy.
11. Retention of Title
Until the contractor receives payment in full and property in the goods passes to the client, the client shall hold the goods as bailee for the contractor.
12.1 The contractor warrants that all materials and workmanship comprising the works shall conform to the current edition of the AS/NZS 3000 Wiring Rules and the requirements of any authority regulating the supply and use of electricity or electrical installations in force on the date of the performance of the works.
12.2 The contractor will rectify any defects in materials or workmanship of the contractor appearing in any section of the works within six-months of the date of handover of that section.
12.3 Any defects occurring after the six-month warranty period, all equipment items will be supported by the manufacturer’s warranty only. Any related labour or freight costs associated with the warrantable items will be chargeable.
13. Limitation of Liability
13.1 The contractor shall not be liable in contract or in tort or otherwise arising, for any consequential, special or contingent damages which may be claimed to have resulted from the contractor’s performance or failure to perform any obligation under the contract.
13.2 Notwithstanding anything to the contrary, in no circumstances shall the contractor be liable in contract or in tort or otherwise, for loss, expense or damages incurred, sustained or suffered by the client in an amount exceeding the contract sum.
If the works are cancelled for any reason, the client agrees to pay for work done pursuant to the contract to the date of such cancellation, for materials purchased that cannot reasonably be returned and any applicable re-stocking and admin fees.
15.1 Upon signing this quote/invoice: the client declares they intend to pay the quoted monetary amount within 7 days of work completion. The client declares that they are authorising works to be completed and, have funds ready and available equal to the quoted amount. The client is declaring they have the legal right to authorise the quoted works at the property/site.
15.2 TALR electrical supremacy accept payment in the following forms: Exact Cash amount, direct bank transfer, debit card and credit card. Credit card surcharge of 2% may apply to credit card transactions.
15.3 Cheques will not be used as a form of payment unless it complies with at least one of the following conditions: The cheque is from a long term, reliable, repeat customer or, is in the form of a Bank cheque.
15.4 Quoted works totalling $1000 or more will require a deposit of up to 40% for acquisition of materials prior to start of works, unless otherwise stated, and the remaining balance will be due on completion of the works.
16.1 If for any reason the invoice is not paid within 7days of the invoices issue date, a late fee of 10% of all monies owed will be charged and all monies owed will be paid no later than 7days from the previous invoice due date (14days from invoice issue date). If there has been no payment after the 14days from invoice issue date, an additional late fee of 10% of all monies owed will be charged and all monies owed will be paid no later than 7days from the previous invoice due date (21days from original invoice issue date). If there has been no payment after the 21days from invoice issue date the client agrees to pay all debt collection fees that may occur and all outstanding monies owed including all accrued late fees.
17. Call out fees and rates
In the event of a call out, unscheduled work/not quoted before booking, a minimum call out fee of $260 inclusive of GST will be charged during normal trading hours of between 6am-6pm Monday to Friday. A minimum call out fee of $390 inclusive of GST will be charged outside of normal trading hours (outside of normal hours: 6pm-6am Monday to Friday and 6am-6am Saturday, Sunday and inclusive of all Public Holidays).
18. Air Conditioner
In the event the client is recommended an alternate location/size for the unit/s and does not select this option, all liability for the function of the unit/s is held by the client as TALR Electrical supremacy has exercised all due diligence. In the event of relocation for a unit/s; TALR Electrical Supremacy will exercise all due diligence possible, but is not liable for any damage incurred during the relocation process as air conditioner units have been known to fail on reinstallation due to travel and age of components.
19. Implied Terms
No warranty, condition or representation, other than those contained in these terms and conditions shall be included in this contract by implication, statute or otherwise, but nothing contained here shall be deemed to attempt to exclude, restrict or modify any implied warranty or condition in relation to the goods and services to be supplied by the contractor, the exclusion, restriction or modification of which would pursuant to any statute, including the Competition and Consumer Act 2010 render this clause or anything contained here void or illegal.
20. Electrical Work On Or Near Energized Installations
Pursuant to Reg 55 of the Electricity Licensing Regulations the contractor is not permitted to work on energised installations subject to some exceptions. The contractor will notify the client if any installations are required to be de-energised. The contractor is not liable for any consequences of having to de-energise an installation in accordance with the regulations.
21. Entire Agreement
This contract is the entire agreement between the parties. No prior quotes or representations are binding.
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