• Business Day: Means any day except Saturday, Sunday, or a day that is a public or bank holiday in New South Wales.
• 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 works 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 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 statutory 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 7 am and 4 pm 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 and 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.

2.1. 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 of the quotation in writing.
2.4. The customer may engage the contractor by means of Cost Plus, agreeing 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 this agreement of these terms and conditions.

3.1. 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 documents by the completion date.
3.2. The contractor may employ its servant or any third party for the purpose of completing the works, provided that such persons are 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 party for that part of the works performed by them.

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.

5.1. The contractor warrants that:

• 5.1.1. All materials to be supplied for use in the works:
  • 5.1.1.1. Will be of good quality 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
  • 5.1.1.2. Unless otherwise stated, are new.
• 5.1.2. The works will be carried out:
  • 5.1.2.1. In accordance with all relevant laws and legal requirements, including the Electricity Act 1994 and the Electricity Regulations 1994;
  • 5.1.2.2. In an appropriate and skilful way; and
  • 5.1.2.3. 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 reasonably 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, the contractor will hold all licenses required to carry out and complete the works.

5.2. The contractor does not warrant the performance or quality of any electrical articles supplied or installed by the contractor. It is the customer’s 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 installed by the contractor are complied with.
5.3. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• To cancel your service contract with us; and
• To a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

6.1. Payment will be conducted in the 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.

7.1. Where payment is not made on completion of work, the account must be settled within 7 days of the invoice date.
7.2. Where an account/invoice is not paid, it will be referred to a debt collection agency immediately, and the customer will be liable for all additional costs. We use Active Debt Recovery, who charge 20% of the total debt and an administration fee of $30.

If you have any questions or concerns about your invoice or payment, please contact us prior to the due date as once the debt collection process has started, the recovery fees cannot be altered.

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 a 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 the delivery or transport of electrical articles or materials required to complete their works.
8.3. The customer is responsible for travel costs associated with purchasing non-stock electrical articles or materials.

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 the completion date including but not limited to:
  • 9.1.2.1. Earthquake, lightning, storm, flood, acts of God, civil or military authority, public enemy, war, civil commotion, strikes, labor disputes, or industrial conditions;
  • 9.1.2.2. Electrical power supply failure;
  • 9.1.2.3. Inclement weather;
  • 9.1.2.4. Unavailability of suitable material or parts;
  • 9.1.2.5. Failure of transportation affecting 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.

10.1. Risk of loss, damage, or destruction to the materials, equipment, and electrical articles or any part thereof shall pass to the customer upon 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 party except as may be authorized 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 bailee of those materials and owes the contractor the duties and liabilities of a bailee. 10.3. The contractor warrants that it has the right to supply the materials and that the materials are free from any charge or encumbrance such that the customer will have quiet possession of the materials. 10.4. Ownership of the materials remains with the contractor until the contractor receives full payment in cleared funds for the works. If the customer fails to pay the contractor for the works by the due date for payment of an invoice:
• 10.4.1. The contractor retains the legal and equitable title in the materials and may retake possession of the materials; and
• 10.4.2. The customer:
  • 10.4.2.1. Agrees that the contractor may enter upon the customer’s premises (or the premises of any associated company or agent where the materials are located) without liability for trespass or any resulting damage and retake possession of the materials; and
  • 10.4.2.2. Will indemnify the contractor from any claims made by any third party as a result of the contractor exercising its rights under this clause. 10.5. The customer must:
• 10.5.1. Not supply any of the materials to any person outside of its ordinary or usual course of business;
• 10.5.2. Insure the materials for their full insurable or replacement value (whichever is the higher) with a reputable insurer;
• 10.5.3. Not remove, deface, or obliterate any identifying mark or number on any of the materials without the contractor’s consent;
• 10.5.4. Notify the contractor of the location of the materials if the contractor requests;
• 10.5.5. Notify the contractor of any change in the customer’s ownership or control within 48 hours of the change;
• 10.5.6. Not create, cause, or allow any interest in the materials to be created or arise in favor of any person.

11.1. The quotation is based on the contractor having continuous and uninterrupted access to the site and the customer ensuring that the site is available to the contractor. Any delay caused by the customer or any external events beyond the contractor’s control shall suspend the contractor’s obligations and extend the completion date by the number of days of such delay. 11.2. The customer must pay any extra costs incurred by the contractor due to delays caused by the customer or external events beyond the contractor’s control.

12.1. The contractor must bring the works to practical completion by the completion date. 12.2. The contractor shall notify the customer when the works reach practical completion. The customer must within five (5) business days of receiving the notification of practical completion, give the contractor a written notice of any defects or incomplete work that is required to be rectified. 12.3. The contractor shall, within five (5) business days of receipt of the customer’s notice, give the customer a written list of agreed and disputed defects and incomplete work and a timetable for the rectification of the agreed defects and incomplete work. 12.4. If the customer occupies the works before practical completion, the works will be deemed practically complete. 12.5. The date of practical completion marks the start of the defects liability period.

13.1. If agreed in writing by both parties, the contractor will be entitled to claim retention monies from each progress payment up to a maximum of 10% of the total progress payment, provided that the total amount retained does not exceed 5% of the total price for the works. Any excess retention monies must be returned to the customer upon practical completion.