Terms & Conditions
PART A – GENERAL PROVISIONS
1. Definitions
1.1 The following terms are specified in the Quotation: Client, Completion Date, Contract Price, Contractor, Delivery Date, Goods, Materials, Site, and Works.
1.2 A reference to:
“Party” refers to either the Client or Contractor, and “Parties” refers to both of them. “Quotation” refers to the quotation prepared by Us for the supply of the Goods and/or performance of the Works, either as a lump sum fixed price, schedule of rates, cost plus, or a combination of these. “Schedule” refers to the Schedule attached to the Quotation. “We”, “Us”, or “Our” refers to the Contractor, and “You” or “Your” refers to the Client.
2. Offer and Making of this Contract
2.1 We have made You an offer to supply the Goods and/or perform the Works by providing You with the Quotation.
2.2 This contract is made upon Your acceptance in writing of Our Quotation within the validity period specified in the Quotation.
2.3 This contract consists of:
(a) the Quotation;
(b) the Schedule, if applicable; and
(c) these conditions.
2.4 A written contract is required by law for any home building work. If required by law, We will provide You with a certificate of home warranty insurance before starting the Works and before demanding payment.
2.5 We may accept, at Our sole discretion, an electronic acceptance from You as compliance with clause 2.2.
3. Implied Terms
3.1 Subject to clause 3.2, to the extent permitted by law, all implied warranties, terms, and conditions are excluded.
3.2 Nothing in clause 3.1 is intended to exclude any guarantees under the Australian Consumer Law. If You are a consumer as defined in the Australian Consumer Law, then:
(a) the Goods and/or the Works come with guarantees and protections that cannot be excluded under the Australian Consumer Law; and
(b) to the extent to which any provision of this contract is inconsistent with those guarantees and protections, such provisions of this contract do not apply.
4. Contract Price
4.1 In consideration of Us supplying the Goods and/or performing the Works, You must pay Us the Contract Price, which will be adjusted in accordance with the provisions of this contract.
4.2 You agree to pay Us the Contract Price in accordance with any agreed terms of payment set out in the Schedule, or if no terms are set out in the Schedule, then progressively as the Works are completed as invoiced by Us.
4.3 You agree that the Contract Price may be adjusted by Us to reflect any changes to the cost of supplying the Goods and/or performing the Works arising from:
(a) statutory charges, taxes, rates, levies, or imposts which We are required to pay in relation to the supply of the Goods and/or performing the Works; or
(b) currency exchange rates.
4.4 The following provisions are included in this contract only if the Home Building Contracts Act 1991 (WA) does not apply:
You agree that the Contract Price will be adjusted by Us for the rise and fall in the costs of labour and materials incurred by Us:
(a) in supplying the Goods, if the Goods are not supplied within 3 months from the date of this contract; and/or
(b) in performing the Works, if the Works are not completed within 12 months from the date of this contract.
5. Variations
5.1 You may seek a quote for a variation to the Goods and/or the Works (including the Materials) by a request to Us in writing.
5.2 We may agree or refuse Your request for variation at Our discretion.
5.3 If there is a variation, We will provide You with a revised quote setting out the adjustments to the cost of the Goods and/or the Works and changes to the Delivery Date and/or the estimated Completion Date.
5.4 On acceptance by You of the quote for variation:
(a) the Contract Price will be adjusted;
(b) the Completion Date will be adjusted; and
(c) the Goods and/or the Works will be varied in accordance with the quote for variation.
6. Suitability of Goods and/or Materials
6.1 You must provide Us with all necessary information (including dimensions) within the adequate time that We specify, in order for Us to supply the Goods by the Delivery Date or the Materials for the performance of the Works by the Completion Date.
6.2 You acknowledge that You have taken all due care to ensure that the Goods and/or Materials are the correct type, size, rating, standard, quality, colour, and finish, and that they meet Your requirements and specifications (including any drawings).
7. Risk and Title
7.1 All risk for the Goods passes to You on delivery of the Goods.
7.2 All risk for the Works passes to You progressively as the Works are performed, whether or not the Works have been completed.
7.3 All title to the Goods and/or Works remains with Us until You have made full payment of the Contract Price, and You hold the Goods and/or Works as bailee for Us until full payment has been made.
7.4 If this contract (or a transaction in connection with it) contains a security interest for the purposes of the Personal Properties Securities Act 2009 (Cth) (PPSA), then You agree to do anything (including obtaining consents, executing documents, and supplying information) which We may require for the purposes of:
(a) ensuring that the security interest is enforceable, perfected, and otherwise effective;
(b) enabling Us to apply for any registration, complete any financial statement, or give any notification in connection with the security interest;
(c) enabling Us to exercise Our rights in connection with the security interest; and/or
(d) ensuring Our security position, and rights and obligations, are not adversely affected by the PPSA.
7.5 Without limiting clause 7.4, You:
(a) consent to Us doing anything necessary for the purposes of affecting and maintaining a registration on the register (in any manner We consider appropriate) in relation to any security interest contemplated or constituted by this contract;
(b) agree to sign any documents and provide all assistance and information to Us required to facilitate the registration and maintenance of any security interest, including the registration of a financing statement or financing change statement; and
(c) waive the right to receive any notice under the PPSA (including notice of a verification statement) unless the giving of such notice cannot be excluded under the PPSA.
7.6 You undertake not to:
(a) register a financing change statement in respect of a security interest contemplated or constituted by this contract without Our prior written consent; and
(b) register, or permit to be registered, a financing statement or a financing change statement in relation to this contract or the Goods and/or the Works in favour of a third party without Our prior written consent.
8. Commissioning
Unless otherwise agreed in writing between the Parties, Our obligation in respect of commissioning the Goods and/or the Works is limited to proving conformance of the Goods and/or the Works with Your specifications as set out in the Schedule.
9. Defects
9.1 You must notify Us in writing of any major or material omissions or defects in materials or workmanship of the Goods and/or in the Works or Materials (Defects) which become apparent within 3 months of delivery of the Goods and/or the performance of the Works. Defects exclude any damage caused by You or any third party.
9.2 We must make good at Our cost any Defects notified by You under clause 9.1.
9.3 We have no liability for Defects which arise after 6 months from the date the Works are completed or which You have failed to notify Us within the 3-month period from the date the Works are completed.
10. Insurance
10.1 We confirm We have current insurance cover for:
(a) public liability and products liability insurance to cover liability to third parties for death or personal injury or damage to property; and
(b) workers’ compensation insurance to cover Our employees.
10.2 Any insurance affected by Us in relation to the Goods and/or the Works covers Our interests only.
10.3 We will maintain such insurance for the Works until the earlier of the completion of the Works or the termination of this contract.
10.4 We will provide You with proof of currency of Our insurances on Your request.
11. Confidentiality
You must not disclose the contents of this contract or any of Our technical, operational, pricing, or other commercially confidential information relating to the Goods and/or Works to any third party without Our prior written consent, which may be withheld at Our absolute discretion.
12. Intellectual Property
12.1 In this clause, Intellectual Property Right means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary, or artistic fields.
12.2 You warrant that any designs, materials, and documents provided to Us do not infringe any Intellectual Property Rights. You will fully indemnify Us against any loss incurred by Us arising from, or in connection with, any claim by a third party against Us alleging infringement of their Intellectual Property Rights in connection with anything You have provided to Us.
12.3 We own all right, title, and interest, including all Intellectual Property Rights, in any material We produce under this contract upon its creation. You must not infringe Our Intellectual Property Rights without Our prior written consent, which may be withheld at Our absolute discretion.
13. Default and Termination
13.1 If You breach a term of this contract, then for such period as You are in breach We may:
(a) suspend the performance of the Works and repossess any unfixed portions of the Works not yet paid for by You; and/or
(b) withhold delivery of the Goods.
13.2 You may terminate this contract by written notice to Us if:
(a) We are placed under administration, go into liquidation, or are declared bankrupt; or
(b) We breach a term of this contract and do not remedy the breach within 10 working days of being notified by You to do so.
13.3 We may terminate this contract by written notice to You if:
(a) You are placed under administration, go into liquidation, or are declared bankrupt;
(b) You breach a term of this contract and do not remedy the breach within 10 working days of being asked by Us to do so; or
(c) asbestos, contamination, or other toxic substances which pose a risk to health and safety are present at the Site.
13.4 If We terminate this contract, then in addition to any other rights and remedies:
(a) We may repossess any unfixed or remove any fixed portions of the Works not yet paid for by You or set off any amount due and payable by You; and/or
(b) We may withhold delivery of the Goods.
14. Claims and Limitations of Liability
14.1 Any claim which You may have against Us will be deemed to be waived if the claim is not made in writing within 10 working days from the date of the event giving rise to the claim.
14.2 We will not be liable to You in contract or in tort or otherwise for any special or indirect damages or loss of profit resulting from, or arising in connection with, this contract or the supply of the Goods (if any), or the performance of the Works (if any), including any delay, breach of contract, or any negligent act or omission by Us, Our agents, or Our employees.
14.3 Our liability to You for any loss, costs, expenses, or damage arising from, or in connection with, this contract or the supply of the Goods (if any) or the performance of the Works (if any), including any delay, breach of contract, or any negligent act or omission by Us, Our agent, or Our employees, is limited to the amount equal to the Contract Price.
14.4 Your liability to Us for any loss, costs, expenses, or damage arising from, or in connection with, this contract or the supply of the Goods (if any) or the performance of the Works (if any), including any delay, breach of contract, or any negligent act or omission by You, Your agent, or Your employees, is limited to the amount equal to the Contract Price.
15. Indemnity
You must indemnify Us, Our directors, officers, and employees from and against liability for all loss, damage, or injury to persons or property arising directly or indirectly in connection with this contract or the Site, caused by You, Your servants, employees, agents, or contractors, including any loss suffered by any of them.
16. Breach
16.1 You must pay Us all costs incurred, including legal fees on a full indemnity basis, resulting from or in connection with any default by You under this contract and in the enforcement or attempted enforcement by Us of any of Our rights or remedies.
17. General
17.1 This contract is governed by the laws of Western Australia, and the Parties hereby submit to the exclusive jurisdiction of Western Australia.
17.2 This contract constitutes the entire agreement and understanding between the Parties and supersedes any prior agreements, negotiations, or understandings in relation to the subject matter.
17.3 Any variation, modification, or waiver of any provision in this contract must be in writing and signed by the Parties. Any such variation, modification, waiver, or consent will be effective only to the extent specified.
17.4 No Party may assign this contract without prior written consent from the other Party.
17.5 We may subcontract any part of this contract without Your prior consent.
18. Non-solicitation
(a) You must not offer direct employment to any of Our employees without Our prior written consent. (b) If You offer and an employee accepts, You agree to pay Us an amount equal to 20% of the employee’s gross annual salary to cover the costs of training a replacement.
PART B – GOODS
19. Delivery
19.1 We will deliver the Goods to the location and on the Delivery Date specified in the Quotation.
19.2 You may request accelerated delivery in writing, subject to Our discretion. If agreed, the Contract Price will be adjusted to cover additional costs.
19.3 We may extend the Delivery Date if events outside Our control cause delays, including Your failure to provide necessary information under clause 6.1. We will notify You of the revised Delivery Date.
PART C – WORKS
20. Standard of Work
20.1 We will perform the Works in a proper and workmanlike manner, adhering to the plans and specifications, relevant Australian Standards, and applicable laws.
20.2 We will supply Materials of suitable standard and, unless specified otherwise, all Materials will be new.
21. Care of Materials
21.1 We may notify You of the intention to store materials and equipment required for the Works on the Site.
21.2 Upon receipt of such notice, You must designate an area for storage, take reasonable precautions to protect Our property, and indemnify Us against any costs due to loss or damage.
22. Completion and Extension of Time
22.1 We will complete the Works with due care and skill by the Completion Date and in accordance with the agreed Works Program, if any.
22.2 If no Works Program or Completion Date is specified, We will perform the Works at reasonable times and within a reasonable period based on a 38-hour workweek.
22.3 You may request accelerated performance of the Works, subject to Our discretion. If agreed, the Contract Price will be adjusted to include additional costs.
22.4 We may extend the completion time if events outside Our control cause delays, such as force majeure, strikes, or inclement weather. We will notify You of the revised estimated Completion Date.
22.5 If Our performance is delayed by Your actions or other factors such as inclement weather or disputes with neighbors, You must still pay progress claims. We may charge a delay fee and adjust the Contract Price to cover additional costs.
23. Site Conditions
23.1 If unforeseen conditions arise at the Site, We may vary the Contract Price or suspend the Works until the issues are addressed.
23.2 Site conditions include underground cables, conduits, or other obstacles not disclosed or foreseen.
23.3 If You inform Us of underground services before the Works commence, We will bear the cost of any damage caused.
23.4 If You do not inform Us, We will not be liable for damage to underground services and will adjust the Contract Price accordingly.
23.5 If asbestos, contamination, or other toxic substances are present at the Site, We may address the issue under clause 23.1 or terminate the contract under clause 13.2.
24. Excavations
24.1 Excavations required for the Works will be performed by machinery unless otherwise specified.
24.2 If access for machinery is not available or if You request hand excavation, We will adjust the Contract Price to include additional costs.
25. Access and Safety
25.1 You must provide Us access to carry out the Works during working hours.
25.2 You must remove any items on the Site, including furniture and personal goods, to ensure there is clear and safe access for Us to perform the Works and to protect Your property from damage.
25.3 You must ensure that at all times during the performance of the Works, the Site complies with all legislation, including the Work Health and Safety Act 2020 (WA). We will vary the Contract Price to include any additional costs and expenses incurred by Us if We need to take any action to ensure that the Site complies with all legislation required during the performance of the Works.
26. Authority Charges
You must pay, or reimburse Us for, any costs or charges due to any statutory authority incurred in relation to the Works.
27. Unsafe Wiring or Equipment
27.1 You acknowledge that pursuant to legislative requirements, if We encounter unsafe wiring or equipment (incident), We must not permit the unsafe wiring or equipment to be connected or to remain connected to an electrical installation or supply of electricity. We are legally required to repair or isolate the incident and report the incident.
27.2 If We encounter an incident, then We may elect to:
(a) isolate the affected circuit; or
(b) perform such additional works necessary to ensure compliance with all legislative requirements, and in either case, We will vary the Contract Price to include any additional costs and expenses incurred by Us in relation to the incident.
27.3 You acknowledge that depending on the risks posed by the incident, We will use Our reasonable endeavors to consult You prior to making an election under clause 27.2.
28. Making Good Damage to Property
28.1 The Works do not include making good any damage caused by Us to Your property, including any damage to finished surfaces, ceiling, tiles, panels, face brickwork, walls, and rendered surfaces. You are responsible for making good any damage to Your property.
28.2 Clause 28.1 does not apply where:
(a) You are a consumer under the Australian Consumer Law; and
(b) We have failed to use due care and skill.
29. Cleaning Up
On completion, We will remove from the Site all plant and equipment and rubbish relating to the Works. All demolished and surplus Materials are Our property unless otherwise agreed with You.
30. Payment Terms, Retention, and Set-Off
30.1 Payment shall be made to the Contractor by the Customer within seven (7) calendar days from the end of the month of works.
30.2 If the Works Program or estimated time of completion does not exceed one (1) calendar month, the Contractor will submit an invoice on completion of the Works.
30.3 If the Works Program or estimated time of completion exceeds one (1) calendar month, the Contractor will be entitled to submit progress claim invoices to the Customer at regular intervals, in the Contractor’s sole discretion, as and when the Contractor has performed any of its obligations over that period.
30.4 The Customer is not entitled to set off any amounts owing or due to the Customer by the Contractor against any amounts owing or due to the Contractor.
30.5 Unless the Contractor agrees in writing to the postponement of payment of any monies owing to the Contractor by the Customer, interest shall be payable by the Customer to the Contractor calculated from the date the monies became due and payable at a rate of 10% per annum.
31. Head Contract
If the Works form part of a Head Contract, then the terms and conditions contained within this Contract shall prevail where there is any inconsistency between these terms and those of the Head Contract.
32. Dispute Resolution
32.1 In the event of any dispute or difference arising between the Contractor and the Customer whether during the progress of the Works or after completion, termination, determination, abandonment, or breach of this Contract as to the construction of this Contract or any matter or thing whatsoever nature arising under, out of, or in connection with the Contract, then each party may give to the other notice in writing of such dispute or difference giving particulars thereof. Unless the same shall be settled within seven (7) calendar days after receipt of such notice, then such dispute or difference shall be and is hereby referred to arbitration of the person nominated by the president for the time being of the Electrical Contractors’ Association of WA. Each party may be represented by a Solicitor or other legal representative in any arbitration proceedings.
32.2 Any award made by the arbitrator shall be final and binding on both parties. Any claim for damages shall be limited to the Contract Price and neither party shall be entitled to commence or maintain any action upon the dispute or difference until the matter has been referred and determined in accordance with this clause.
32.3 Should either party be dissatisfied with the determination of the appointed arbitrator, the parties agree that the extent of any further legal recourse is limited to the amount of relief awarded by the arbitrator and the costs of the arbitration.
33. Express Exclusions
33.1 Unless otherwise stated, this quotation does not include:
(a) Any structural alterations or painting to building;
(b) Any alterations to the Customer’s and/or Customer-approved Contractor design or specifications necessary to satisfy the requirements of local government authorities;
(c) Responsibility for extra work necessary, which becomes apparent after demolition or removal of existing work;
(d) Any work on, associated with, or connected to a live installation;
(e) Permits, consents, or other approvals required for the completion of the Works;
(f) Costs of delivery, transport, freight, storage, packaging, and incidental insurance; and
(g) Timing of work outside of 6:00am to 6:00pm Monday to Friday.
34. To be Provided by You
At all times, You are to supply, make available, and continue to supply and make available the following to Us where necessary, free of charge, during the completion of the Works:
(a) Drinking water; and
(b) Grid-connected or generator electricity.
35. Removal of Doors, Covers, and Escutcheons on Switchboards
35.1 Removal of doors, covers, and escutcheons can pose a risk of shock or short circuit, resulting in injury, damage, and power outage.
35.2 Where the Works require Us to remove any covers from switchboards, distribution boards, control panels, and similar equipment, You warrant that all devices, busbars, equipment, and wiring that cannot be seen until the covers are removed are properly secured, fitted with all required insulation in good condition, and installed in a safe and proper manner that complies with all safe workplace requirements and applicable Australian Standards, including all electrical connections being properly tightened.
35.3 We will remove these covers, doors, and escutcheons on that warranty, and We will not accept any claims for any damages whatsoever arising as a consequence of incidents where such incidents occurred as a result of any such non-compliance.