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filler@godaddy.com
1. DEFINITIONS
Business Day: Any day except Saturday, Sunday or a day that is a public or bank holiday in Queensland.
Contract Documents: Include all drawings, plans and specifications and all other information provided by the customer to AGI.
Commencement Date: The agreed date by both parties, once the acceptance of quotation has been received by AGI.
Completion Date: The date for completion of the works under the contract.
Contract: The contract to carry out the works between the customer and AGI by the acceptance of the quotation by the customer.
Defects Liability Period: The period set out in the Quotation.
Electrical Articles: Are any items that are supplied by the customer or AGI that are to be or used for the purpose of the electrical installation.
Estimate: A verbal or written price for goods and services, that is not formally documented on an AGI quotation form. These are subject to historical information and are assumed not to be accurate.
Practical Completion: The stage when the works have been completed in accordance with the contract and all relevant statuary requirements either without any omissions or defects or apart from minor omissions or minor defects.
Provisional Sum: Is the amount that is AGI’s estimate of the cost of performing the works.
Stock: the electrical articles or materials AGI deems necessary to carry.
Normal Working Hours: Between 7:30am and 5:00pm on a business day.
Works: the work to be carried out under the contract including variations.
Quotation: The written quotation given by AGI to the customer which must set out the scope of the works, the price of the works.
Variation: 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. FORMATION OF AGREEMENT
2.1. The customer must accept or reject a quotation within thirty (30) days of its issue date. AGI may at its option extend this period.
2.2. AGI 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 AGI 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 AGI of the acceptance of the quotation in writing.
2.4. Unless prior arranged in writing with AGI, the commencement date will not be within fourteen (14) business days of acceptance of quotation, this may be included in the written quotation, if so, the customer must make all attempts to sign and return the quotation to AGI for fast processing and material ordering.
2.5. Under the formed contract the Customer agrees to pay the AGI on practical completion according to the quotation and the scheduled rates in clause 8.
3. DUTIES OF AGI
3.1. AGI 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. AGI may employ it Servant or any third party for the purpose of completing the works provided that such person(s) are carefully skilled and experienced in their respective trades or occupations. AGI will be solely responsible for any and all payments to any Servant or third part for that part of the works performed by it.
3.3 AGI will not be responsible to conduct patching or surface painting when fittings of different shape or size are replaced, however AGI will be responsible for any repairs under clause 5.
3.4 AGI will utilise due diligence and previous experience to provide accurate written quotations.
4. VARIATIONS
4.1. A Customer seeking a variation to the Contract shall notify AGI in writing, setting out in full the details of the required changes to the works.
4.2 A variation within ten (10) business days of the commencement date, may occur an additional fee for administration, additional movement of other bookings and material sourcing costs.
5. CONTRACTORS WARRANTY
5.1. AGI warrants that:
5.1.1. All materials to be supplied for use in the works:
5.1.1.1. Will be good and, 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 (QLD), AS/NZS 3000, Electricity Regulations 2006, and Electrical Safety Act 2002.
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 reasonable 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 AGI will hold all licenses required to carry out and complete the works.
5.2. AGI does warranty the performance or quality of any electrical articles supplied or installed by AGI. However it is the Customers 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 install by AGI are complied with, if directed to engage with a contractor by the manufacturer, AGI will facilitate any warranty claims.
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. PAYMENT
6.1. Payment will be conducted in a manner set out in the Invoice
6.2. Payment is due on completion of either stage of works or practical completion "Due on Receipt"
6.3. A 25% deposit is required for jobs over the value of $2000.
6.4. If an individual materiel has a value exceeding $1000, payment for this item is required in advance of ordering.
7. LATE PAYMENT
7.1. Late payment of accounts will incur a twenty percent (20%) per month interest rate calculated daily once 14 days overdue.
7.2. AGI will charge costs to the Customer that are incurred in the recovery of the debt.
8. SCHEDUAL OF FEES
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 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 delivery of or transport of electrical articles or materials required to complete their works.
8.3. The Customer is responsible for travel cost associated in purchasing of non-stock electrical articles or materials.
8.4 AGI may increase the invoice above the quote by a maximum of 10% if unforeseen events cause extended labour hours.
9. EXCEPTED RISK
9.1. AGI 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 AGI, 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 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, labour 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 AGI, 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. RISK & OWNERSHIP
10.1. Risk of loss, damage or destruction to the materials, equipment and electrical articles or any part thereof shall pass to the customer of the installation
10.2. In connection with the materials, equipment and electrical articles while they remain the property of AGI, the Customer agrees with AGI that:
10.2.1. The Customer has no right or claim to any interest in the materials to secure any liquidated debt or obligation AGI 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 authorised by AGI;
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 AGI; and
10.2.4.2. It is in possession of the materials as a balance of those materials and owes AGI the duties and liabilities of a bailee.
10.3. In connection with the materials, AGI states to the Customer that:
10.3.1. AGI has the right to supply the materials to the Customer;
10.3.2. The activities of AGI in supplying the materials do not infringe the rights of the owner of the materials (where AGI is not the owner of the materials);
10.3.2.1. If the materials are not owned by AGI, that AGI is authorised to supply the materials to the Customer.
10.4. AGI and the Customer agree that:
10.4.1. The property of AGI in the materials remains with AGI until AGI has received payment in full of the ‘price and any other monies due to AGI under the agreement or any Contract between the parties.
10.4.2. The Customer is a bailee of the materials until such time as property in them passes to the customer and that this bailment continues in relation to all of the materials until the price of the contract has been paid in full.
10.4.3. Pending payment in full of the price under the contract, the Customers:
10.4.3.1. Must not supply any of the materials to any person;
10.4.3.2. Must not allow any person to have or acquire any security interest in the materials;
10.4.3.3. Must ensure the materials for their full insurable or replacement value (whichever is the higher) with any insurer licensed or authorised to conduct the business of insurance in the place where the Customer carries on business.
10.4.3.4. Must not remove, deface or obliterate any identifying plate, mark or number on any of the materials.
11. ACCESS
11.1. AGI’s quotation is based on a 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 10 herein, then the performance of AGI’s obligations under this agreement or any contract between the parties shall be suspended for period of such delay and the completion date shall be extended accordingly.
11.2. Where AGI has been granted an extension of time under this clause, the Customer shall pay to AGI such extra costs as are necessarily incurred by AGI by reason of the delay.
12. PRACTICAL COMPLETION
12.1. AGI shall complete the works to practical completion in accordance with this agreement and the Contract on or before the completion date (as amended or varied by the terms hereof)
12.2. When, in the opinion of AGI, the works have been completed to a stage of practical completion, AGI will give the Customer the invoice for works and a certificate of compliance, this will indicate reaching practical completion.
12.3. Within three (3) days after receipt of such notice, the Customer, if not satisfied that the works are practically complete, shall give to AGI notice of those matters, which the customer requires to be carried out in order for the works to reach practical completion. If the Customer does not respond by notice within the required time, then the works shall be deemed to be practically completed without omission or defect.
12.4. Upon receipt of a notice from the Customer in accordance with clause 12.1.3, AGI must give the customer a notice that:
12.4.1. Lists the minor defects and minor omissions that both the Customer and AGI agree exist; and
12.4.2. States the date by when AGI is to correct the listed defects and omissions; and
12.4.3. Lists all the minor defects and omissions the Customer claims exist, but that are not agreed by AGI to exist; and
12.4.4. Is signed by AGI
12.5. AGI may then receive the payment required to be made under the Contract by the Customer to AGI for the Practical Completion stage.
12.6. AGI must make a reasonable effort to have the Customer sign the notice mentioned and referred as in clause 12.4 to acknowledge the contents
12.7. If, in the absence of written agreement between AGI and the Customer, AGI takes possession of and/or uses the works or any part thereof prior to the date of practical completion pursuant to this condition, the works shall be deemed to have been practically completed on the date of commencement of each possession and/or occupancy and/or use
12.8. The date of practical completion shall be the date for commencement of the defects and liability period.
13. RETENTION
13.1. If the parties agree in writing that the Customer shall retain retention monies from the price, then such retention monies shall be limited to 10% of each progress payment. Once retention monies equal 5% of the total price, no further retention monies shall be retained by the Customer. Retention monies may be in the form of a Bank Guarantee in lieu of cash at AGI’s option. Any retention monies, bank guarantees or other forms of retention held by the Customer are to be reduced to no more than 2.5% of the price on the date of practical completion and any retention monies, bank guarantees or other forms of retention in excess of 2.5% of the price are to be returned or released to AGI on that date.