1.1 The law governing this document and any agreement made between the parties is the law of the state of Victoria. The work shall be carried out in accordance with the requirements of the Electricity Safety Act 1998 and Electricity Safety (Installations) Regulations 1999.
2.1 This Quotation is open for acceptance for a period of 30 calendar days from the date of Quotation. The Contractor may, at his option, extend this period by notification to the Customer.
3. FORMATION OF AGREEEMENT
3.1 No contractual obligations shall arise until the Contractor has:
3.1.1 Received from the Customer as Executed Quotation Document, or
3.1.2 Received from the Customer a written Order accepting this Quotation.
3.2 Prior to the occurrence of events in 3.1.1 or 3.1.2, the Contractor may without incurring any liability whatsoever, revise or withdraw this Quotation.
3.3 In the event the Customer provides the Contractor with a written Order, such order is then subject to these terms and conditions of quotation and any other terms and conditions which are agreed by the parties to become the terms and conditions of Quotation.
3.4 Any variation or amendments requested by the Customer shall be issued in writing to the Contractor and shall not bind the Contractor unless the Contractor agrees to the provision of further work in respect of those variations or amendments.
4. CONTRACTORS WARRANTY
4.1 The Contractor warrants that the completed work will be reasonably fit for the purpose for which it is intended, provided that the purpose is specified herein or is obvious by reason of the nature of the work. If any defects or defaults are discovered in the workmanship of the Contractor, the Customer shall within 3 calendar Months from the date of practical completion, give to the contractor notice in writing whereupon the Contractor shall make good any such proven defects or faults.
4.2 The Contractor does not warrant the quality or performance of any appliances supplied or installed by the Contractor. It is the Customers responsibility to ensure the warranty cards or other registration requirements of the Manufacturer of any appliances supplied or installed by the Contractor are complied with.
5. PROGRESS PAYMENTS
5.1 The Customer shall pay to the customer the Deposit stated in the schedule upon the signing or acceptance of Quotation
5.2 The Contractor shall submit to the Customer progress claims for each stage which shall consist of:
5.2.1. The Percentage of the Contract Sum applicable to that stage as stated in the schedule: and
5.2.2. Any other amounts then payable to the Contractor in respect of variations issued pursuant to clause 7.
5.3 The Customer shall pay to the Contractor progress payments in accordance with the progress claims supplied by the Contractor, to be paid within 7 Calendar days of submission of the progress claim by the Contractor.
5.4 Should the Customer neglect or refuse to pay the amount of any progress payment by the due date then the Contractor may, at his option, with or without notice to the Customer, suspend work until full payment is made.
6. INCREASED COSTS
6.1 If, after 30 Calendar days from the Customer’s acceptance of this Quotation, the Contractors costs in connection with this agreement are increased as a result of any factors including but not limited to variations in costs in labour, material, employer’s liability, freight, insurance, third party insurance, GST and other taxes, customs or excise duties or any new or additional tax the Customer shall pay the amount of such increases.
7.1 Any variation to this Agreement shall be notified in writing by the person seeking the variation setting forth the details of such changes and the value thereof shall be added or deducted from the contract sum.
7.2 Where no agreement is reached by the Customer and the Contractor as to the value of the variations, then the following shall apply:
7.2.1. Additions shall be charged:
• Labour at cost plus overheads plus 10%: and
• Materials at Trade Price plus 20%
7.2.2. Deductions shall be made at cost
7.3 Where there is an agreed variation to the scope of works, a variation document will be generated by the Contractor which will describe the variation, estimate any delay, state the change in contract price or how the change in price is to be calculated and make appropriate provision for Payment.
8. EXCEPTED RISKS
8.1 The Contractor shall not be liable for delay or failure to fulfill any of its obligations resulting directly from the following events including but not limited to:
• Any negligent act or omission of the
Customer, its employees and/or agents:
• Any events occurring on, before or
after the date of completion for the works which are beyond the reasonable control of the Contractor including but not limited to industrial conditions, inclement weather, shortage of suitable parts or materials, or parts, labour or transportation affecting the Contractor or its suppliers or any other persons company or firm:
• Latent conditions:
• Variations directed to the Customer:
• Changes in the Law:
• Directions or delays by municipal, public, or statutory authorities.
9. RISK & OWNERSHIP
9.1 Risk of Loss, Damage or Destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.
9.2 Ownership of materials and equipment shall remain with the Contractor, until full payment of the Contract Sum and any other monies due to the Contractor under this agreement.
9.3 The Customer authorises the Contractor to enter the Customer’s premises at any time to retake possession of the Materials and Equipment and to dispose of the Equipment to recover costs if the Customer breaches this agreement.
10.1 The Contractor’s Quotation is based on a continuous work program, unless otherwise stated. If the Customer causes the works to be delayed or delays are caused by any of the events in paragraph 8.1 herein, then such extensions of time to the date for practical completion shall be granted.
10.2 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.
11. PRACTICAL COMPLETITON
11.1 The Contractor shall practically complete the Works in accordance with this agreement on or before the date in the schedule.
11.2 When, in the opinion of the Contractor, the Works are practically complete, the Contractor may give the Customer notice thereof.
11.3 Within five (5) calendar days after receipt of such notice, the Customer, if not satisfied that the Works are practically complete, shall give to the Contractor five (5) calendar days written notice of those matters which the Customer requires to be done for practical completion. If the Customer does not respond by written notice within the required time, then the Works shall be deemed to be practically complete.
11.4 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 of this condition, the Works shall be deemed to be practically completed on the date of commencement of such possession and/or occupancy and/or use.
11.5 The date of Practical completion shall be the date for the commencement of the defect liability period.
12. WORKING HOURS
12.1 All work will be done during normal working hours (7:00am‐6:00pm Mon‐Fri) unless otherwise stated and any work required to be done outside of the nominated hours will be chargeable at award penalty rates as applicable
13.1 The rights of the Customer to consequential liquidated or pre ascertained damages are expressly excluded from this agreement
14. GST REGISTRATION
14.1 The Contractor warrants that as at the date of this agreement, the Contractor is not registered under GST Law, and that the Contractor is not aware of any circumstances existing which would require the Commissioner of Taxation to require the registration.
15. DISPUTE RESOLUTION
15.1 Any dispute between the Contractor and the Customer arising under, or in connection, with this agreement and which requires proceedings for resolution may be referred to either:
15.1.1. The Victorian Civil Administration Appeals Tribunal (VCAT): or
15.1.2. If the Contractor is a member of the National Electrical and Communications Association (NECA), the dispute may be referred to the association for conciliation.
16.1 The Contractor shall effect and shall maintain during this agreement, Public Liability Insurance to a value of not less than $5,000,000 and Workcover Insurance in accordance with the requirements of the applicable legislation for all employees.
16.2 The Contractor shall provide if requested by the Customer evidence of the existence of such policies
17.1 Any notice under this agreement shall be given in writing and delivered to the other party by hand, or alternatively by pre-paid post to the address stated in this agreement or to such other addresses the party to whom the notice is given may thereafter have notified. Any such notice shall be deemed to have been received two (2) Calendar days after the date of posting.
18. PRIME COST ITEMS
18.1 Prime Cost (PC) items when included is the agreement refers to the cost of supply of those which are described and for which only Installation costs are included but the actual cost of the items have yet to be determined. If the actual cost of an item to the Contractor is greater than the sum allowed in the tender documents, the excess amount together with the Contractors profit margin on the excess shall be added to the contract sum. If the actual cost is less than the sum slowed in the tender documents the reduced sum together with the contractors’ profit margin on the difference, shall be deducted from the contract sum. The Contractors margin which specifically excludes labour costs covers overheads, supervision and profit and shall not be more than 20%.