1.1. The law governing this document and any Agreement made between the parties is the law of the State of Queensland. The work shall be performed in accordance with the requirements of the Electricity Safety Act 2007 and Electricity Safety (Installations) Regulations 2007.
2.1. These terms and conditions apply to the sale of goods and services by Atherton Electrical to the Customer, where this document is a Quotation the terms and conditions have application, so far as the context permits, in respect of any transaction conducted following acceptance of the Quotation or negotiated variation thereto.
- where this document forms part of a Quotation.
3.1. The Quotation is not to be construed as an offer or obligation by us to sell and we reserve the right at our option to accept or reject any orders received.
3.2. Our obligation includes only the goods and services as are specified in our agreement.
3.3. The Quotation, prior to receipt of acceptance, is subject to alteration or withdrawal at any time by Atherton Electrical in writing without incurring any liability whatsoever and unless other advised by Atherton Electrical in writing the quotation shall be valid for thirty (30) days from the date thereof.
3.4. In the event the Customer provides Atherton Electrical with a written Order, such Order is subject to these terms and conditions of quotation and any other terms and conditions which are agreed by the parties to become part of the terms and conditions of quotation.
3.5. Variations or amendments requested by the Customer shall be issued in writing to Atherton Electrical and shall not bind Atherton Electrical unless Atherton Electrical agrees to the provision of further work in respect of those variations or amendments.
4. ATHERTON ELECTRICAL WARRANTY
4.1. Atherton Electrical 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 faults are discovered in the workmanship of Atherton Electrical, the Customer shall within three (3) calendar months from the date of practical completion give to Atherton Electrical notice in writing whereupon Atherton Electrical shall make good any such proven defects or faults.
4.2 Atherton Electrical does not warrant the quality or performance of any appliances supplied or installed by Atherton Electrical. It is the Customer's responsibility to ensure that Warranty cards or other registration requirements of the Manufacturer of any appliances supplied or installed by Atherton Electrical are complied with.
5. PROGRESS PAYMENTS
5.1. The Customer shall pay to Atherton Electrical the Deposit stated in the Schedule upon the signing or acceptance of Quotation.
5.2. Atherton Electrical 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 Atherton Electrical in respect of variations issued pursuant to clause 7.
5.3. Should the Customer neglect or refuse to pay the amount of any Progress Payment by the due date then Atherton Electrical 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 thirty (30) calendar days from the Customer's acceptance of this Quotation, Atherton Electrical costs in connection with this Agreement are increased as a result of 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 levy of 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 to or deducted from the contract sum as the case may be.
7.2. Where no Agreement is reached by the Customer and Atherton Electrical as to the value of 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 Deletions 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 Atherton Electrical which will describe the variation, estimate any delay, state the change in contract price or how the change in prices is to be calculated and make appropriate provision for payment.
8. PRIME COST ITEMS
8.1. A prime Cost (PC) addition may be added into quotation to allow for any differences in value of product.
8.2. The Customer's Prime Cost (PC) value may vary due to Customer's preference on requested products or supplies.
9. WORKING HOURS
9.1. All work will be done during normal working hours (7.00am - 6.00pm) Monday to Friday unless otherwise stated and any work required to be done outside of the nominated hours will be chargeable at award penalty rates as applicable.
10. EXPECTED RISKS
10.1 Atherton Electrical is not liable for delay or failure to fulfil 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 practical completion for the works which are beyond the reasonable control of Atherton Electrical including but not limited to industrial conditions, inclement weather, shortage of suitable materials or parts, labour or transportation affecting Atherton Electrical, its suppliers or any other person, company or firm; Latent conditions; Changes in the Law; Variations directed to the Customer; Directions or delays by municipal, public or statutory authorities.
11. RISK & OWNERSHIP
11.1. Risk or loss, damage or destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.
11.2. Ownership of materials and equipment shall remain with Atherton Electrical, until payment of the full contract sum and any other monies due to Atherton Electrical under this agreement.
11.3. The Customer authorises Atherton Electrical 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.
12.1. Atherton Electrical Quotation is based on 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 11.1 herein, then such extensions of time to the date for Practical Completion shall be granted.
12.2. Where Atherton Electrical has been granted an extension of time under this clause the Customer shall pay to Atherton Electrical such extra costs as are necessarily incurred by Atherton Electrical by reason of the delay.
13. PRACTICAL COMPLETION
13.1. Atherton Electrical shall practically complete the Works in accordance with this Agreement on or before the date in the Schedule.
13.2. When, in the opinion of Atherton Electrical, the Works are practically complete, Atherton Electrical may give the Customer notice thereof.
13.3. Within five (5) calendar days after receipt of such notice, the Customer, if not satisfied that the Works are practically complete, shall give to Atherton Electrical 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.
13.4. If, in the absence of written agreement between Atherton Electrical and 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 have been practically completed on the date of commencement of such possession and/or occupancy and/or use.
13.5. The date of practical completion shall be the date for commencement of the defects liability period.
14.1. The rights of the Customer to consequential liquidated or pre ascertained damages are expressly excluded from this Agreement.
15.1. Any notice under this Agreement shall be given in writing and delivered to the other party by hand, email, fax or alternatively by prepaid post to the address stated in this Agreement or to such other addresses the party to whom the notices is given may thereafter have notified. Any such notice shall be deemed to have been received two (2) calendar days after the date of sending via email, fax, or post.