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Terms & Conditions

Terms & Conditions

Background

The purpose of this agreement is to set out the legal contract between the Electrician and the Client in connection with the work described in the Estimate supplied to the Client.

Definitions

“Client” means the Client as per the front of the invoice or the designated representative.

“Estimate” means a written statement indicating the likely price to be charged for the specified project.

“Project” means the work to be done under the terms of this agreement as set out in the Estimate.

“Electrician” refers to GED Electrical & Air Pty Ltd and its authorised representatives.

“GST” means Goods and Services Tax.

The terms of this Agreement are:

1. Specification and requirements

1.1. This agreement is for the self employed Electrician to complete the Project for the Client, at the price written in the Estimate.

1.2. GED Electrical & Air Pty Ltd is alone responsible for all taxes arising on money received from the Client and indemnifies the Client against any demand or obligation in respect of such tax.

1.3. GED Electrical & Air Pty Ltd is registered for GST.
ABN: 2062 7124 109

1.4. The Client alone is responsible for all statutory or other governmental notices, permissions and requirements and GED Electrical & Air Pty Ltd is entitled to assume that the work described in the Estimate is fully compliant.

1.5. All work shall be to the Estimate, comply with the State legislation, model codes of practices and any other governmental regulation or requirement and to the satisfaction of the local authority building inspector.

1.6. GED Electrical & Air Pty Ltd agrees to provide staff of an appropriate level of skill and experience to work on the Project.

1.7. When the work is complete, the site will be left clean and tidy.

1.8. The Project will be completed in accordance within the agreed upon time period.

2. Interruptions and expense

The Client’s attention is drawn to the following special requirements, interruptions and expense. Delay caused by these or other extraneous factors will be charged by the hour.

2.1. The requirement for more than one skip is excluded from the Estimate.

2.2. The work could be delayed by inclement weather.

2.3. It is assumed that the Client will have told neighbours about the work, noise, disturbance and obtained any necessary permissions.

2.4. The skip and the Electrician’s van will occupy up to three car spaces while the work continues. If cones are moved or space is inadequate, time lost will be treated as an extra.

2.5. Extra time will be incurred if the Client fails to provide a cleared work space throughout the agreed upon time period.

2.6. Access to the site will be provided by the Client from 7:00 am to 5:00 pm. If any delay is caused by lack of access, for example if a delivery cannot be dropped, time lost will be charged to the Client.

3. Electrician’s account and expenses

3.1. GED Electrical & Air Pty Ltd reserves the right to a payment schedule on full builds and fit out’s is a 20% payment upon work commencement, 30% after cable rough in, 30% after cut and strip and 20% after fit off and commissioning.

3.2. For all other works, payment terms are strictly 7 days from the invoice issue date unless otherwise agreed upon.

3.3. Payments are accepted by GED Electrical & Air Pty Ltd by Direct deposit, credit/debit card or cash.

3.4. A complaint or rejection of some item of work done on the Project does not entitle the Client to hold back payment for any other part of the work.

3.5. Without regard to the reason why this agreement ends, the Client will pay GED Electrical & Air Pty Ltd for all work done to the time the notice of termination is received by GED Electrical & Air Pty Ltd, calculated to the nearest one hour.

3.6. In the event that a payment or payment plan is dishonoured for any reason GED Electrical & Air Pty Ltd reserves the right to incur dishonour fees.

3.7. Invoices that are not paid in full 7 days from the invoice issue date are regarded as Payment Default.

3.8. Payment defaults will be charged at a compounding interest rate of

2.5% per 30 days from when the invoice becomes overdue until the payment completion.

3.9. After an account has been overdue for 30 days GED Electrical & Air Pty Ltd reserves the right to pass the debt to a debt collection agency. In this case, the customer agrees to indemnify GED Electrical & Air Pty Ltd from all costs of pursuing a debt including any legal costs. All of these costs remain the at the expense of the customer.

4. Safety and insurance

4.1. The Client warrants that any plant and equipment he supplies for the use of GED Electrical & Air Pty Ltd is safe to use and free from any defect. He confirms that he has checked any ladder or step-ladder or electric tool within the last 12 months.

4.2. GED Electrical & Air Pty Ltd undertakes to obtain insurance against liability for professional negligence in work done under this agreement and against third party liability whilst on the premises of the Client and agrees to provide evidence of the insurance to the Client upon request.

4.3. The Client undertakes at all times to maintain appropriate insurances and in particular, occupier’s liability insurance, against risks of events which could reasonably be expected to cause injury, loss or damage to GED Electrical & Air Pty Ltd.

5. Confidentiality

5.1. In this paragraph, “Damage” means both economic loss, loss of reputation and damage to reputation, feelings, work or professional standing and “Personal Information” means any information about or in connection with, a party to this agreement.

5.2. Each of the parties now undertakes for the benefit of the other that he

will not:

  • 5.2.1. divulge to any person whatever or otherwise make use of any Personal Information relating to the other, which he learns as a result of this contract or any circumstance flowing from the contract;
  • 5.2.2. post any text, nor image, nor audio-visual material, on any social network or other public place which could be hurtful, embarrassing or damaging to the other of us.

5.3. The parties agree that any Damage arising directly or indirectly from a breach of the above provisions must be compensated on the basis of the effect on the damaged party.

5.4. The Client accepts personal liability for compliance with these provisions by members of his family and any domestic staff, GED Electrical & Air Pty Ltd undertakes to make all employees agents and sub-contractors aware of the confidentiality of Personal Information and the provisions of this paragraph and to take all such steps as shall from time to time be necessary to ensure compliance by those people with these provisions.

5.5. No matter how this contract ends, this paragraph shall be effective for ten years from the Contract date..

6. Limitation of liability

6.1. This paragraph applies to all of:

6.1.1. a defect in work done or not done

6.1.2. a breach of any contractual obligation arising under this agreement

6.1.3. negligence or any other tort Any of the foregoing shall be known as a ‘Default’.

6.2. The following provisions set out GED Electrical & Air Pty Ltd’s entire liability (including any liability for the acts and omissions of his employees) to the Client for any Default.

6.3. GED Electrical & Air Pty Ltd shall have no liability to the Client in respect of a Default unless the Client has given him written notice of it within 14 days of the date he became aware of the Default or the date when he ought reasonably to have become aware of it.

6.4. The Client agrees to give GED Electrical & Air Pty Ltd not less than 21 days in which to put right the Default.

6.5. If a number of Defaults give rise to substantially the same loss then they shall be regarded as giving rise to only one claim under this agreement.

6.6. GED Electrical & Air Pty Ltd shall not be liable to the Client in respect of a Default, for loss of profits goodwill or any type of special indirect or consequential loss (including loss or damage suffered by the Client as a result of an action brought by a third party) even if such loss was reasonably foreseeable or GED Electrical & Air Pty Ltd had been advised of the possibility of the Client incurring it.

6.7. GED Electrical & Air Pty Ltd’s entire liability in respect of any Default shall be limited to damages of an amount equal to the total Price paid by the Client for this Project.

7. Uncontrollable events

7.1. If either party cannot perform this agreement for a reason beyond his reasonable control for a continuous period of four weeks then either party may, at his discretion, terminate this agreement by notice in writing at the end of that period.

AND/OR

7.2. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and his employees.

7.3. If the agreement is terminated, all money due from one party to the other becomes due immediately.

7.4. Costs arising from the delay or stoppage will be borne by the party incurring those costs.

7.5. Regardless of the reason for stoppage or delay, if it continues for more than 30 days, either party may terminate this agreement with immediate effect on giving written notice to the other. The notice must specifying a date at least 7 days ahead, when the termination will take effect.

7.6. The party claiming the uncontrollable event will take all necessary steps to perform this agreement despite the uncontrollable event.

7.7. So long as the uncontrollable event continues the Client may contract with others for the supply of any goods and/or services which GED

Electrical & Air Pty Ltd has failed to supply as required by this agreement.

8. Miscellaneous matters

8.1. No amendment or variation to this agreement is valid unless in writing, signed by each of the parties or his authorised representative.

8.2. So far as any time, date or period is mentioned in this agreement, or in any detailed Estimate, time shall be of the essence.

8.3. If any term or provision of this agreement is at 1 any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be

binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

8.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

8.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

8.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

8.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

8.8. This agreement does not give any right to any third party.

8.9. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

8.10. The validity, construction and performance of this agreement shall be governed by the laws of the State of Queensland. Any dispute arising in connection with this agreement shall be subject to the exclusive jurisdiction of the Queensland courts.