Terms & Conditions
Transparency from the start.
Our Terms & Conditions explain how we work, what you can expect, and our mutual responsibilities.
1. Statutory Warranties
The Contractor warrants that:
- The work will be performed in a proper and workmanlike manner and in accordance with the plans and specifications
- All Materials supplied by the Contractor will be good and suitable for the purpose for which they are used and, unless otherwise stated in the contract, those materials will be new
- The work will be done in accordance with, and will comply with the Home Building Act 1989, applicable Australian Standards including the Building Code of Australia and the Australian Standard for Wiring Rules and any other applicable laws
- The work will be done with due diligence and within the time stipulated on the first page of this contract or, if no time is stipulated, within a reasonable time
- The work will result, to the extent of the work conducted, in a dwelling that is reasonably fir for occupation as a dwelling
- The work and any materials used in doing the work will be reasonably fit for the particular purpose or result that the Customer has expressly made known to the Contractor, so as to show that the Customer relies on the Contractor’s skill and judgment
The Contractor’s liability for a failure to comply with a statutory warranty set out above shall not apply if the failure relates solely to a design or specification prepared by or on behalf of the Customer (but not by or on behalf of the Contractor) or a design or specification required by the Customer, if the Contractor has advised the Customer in writing that the design or specification contravenes the Building Code of Australia, the Australian Standard for Wiring Rules or any other applicable laws. The Contractor will not be responsible for the quality or suitability of materials supplied by the Customer.
2. Plans and Specificat.ions
All plans and specifications for work to be done under this contract, including any variations to those plans and specifications are taken to form part of this contract.
3. Contract Price Payments
The contract price (subject to any agreed variations) is as identified on the first page of this contract. If no contract price is known, the contract price shall be determined on the basis of the labour rates, materials supplied and contractor’s margin for profit, overheads, supervision as set out on the first page of this contract. The Customer must pay the Contractor the contract price within 10 business days of receiving a written request for payment or as agreed. Retention does not apply to any payments unless agreed upon by both parties.
4. Variations
Either party may seek to vary the work to be done under this contract. Any agreement to vary this contract, or the plans and specifications attached to this contract, must be in writing and signed by or on behalf of each party to this contract. Other than for urgent work, before commencement of work on any variation the Contractor must provide a notice to the Customer containing a description of the work, a price for the work (including a margin for profit, supervision and overheads of 20%) and any resultant changes to the completion date. The variation must be agreed to and signed by both parties before commencement of work. The price of the agreed variation will adjust the contract price.
5. Time for Completion and Extensions of Time
The Contractor must complete the work by the Completion Date. The Contractor will be entitled to a reasonable extension of time in the event of delays to the work where the cause of the delay is beyond the Contractor’s control including but not limited to, inclement weather, industrial disputes or variations to the work. The Contractor and the Customer must take all reasonable steps to minimise any delay to the work. Any claim by the Contractor for an extension of time must be notified to the Customer in writing within 5 business days of the event occurring.
6. Site Conditions and Underground Services
In the event that the Contractor encounters latent conditions including, but not limited to, underground cables, pipes or conduits or other artificial objects not reasonably foreseen or not disclosed at quotation stage then any addition or omission to the work will be treated as a variation to the contract price in accordance with clause 4 above. All excavations will be undertaken by machine unless otherwise stated or stipulated.
7. Access for Contractor, Employees and Agents
The Customer must provide access for the Contractor and any employee or subcontractor of the Contractor to carry out the work as required during working hours allowed by relevant statutory authorities. The Customer must prior to the Commencement Date remove any personal property likely to impede the work.
8. Insurance of Work and Personal Injury
Before commencement of any work under this contract and throughout the duration of this contract the Contractor will provide ongoing insurance cover for:
- Public liability to cover liabilities to third parties for death or personal injury or damage to property for an amount not less than $5 million.
- Employee’s liability and worker’s compensation to cover employees.
9. Contractors Indemnity in Favour of Customer
The Contractor shall indemnify the Customer against all claims, liabilities, charges and expenses arising out of any negligent act or commission of the Contractor, its employees or agents relating to the execution of the work EXCEPT to the extent that the Customer, the Customer’s representative or any person under the control or direction of the Customer contributed to the liability.
10. Damage to Property
The Contractor will make good any loss or damage to the work or the Customer’s property caused by the negligent act or omission of the Contractor or the Contractor’s subcontractor or employees. The Customer must, prior to the Commencement Date, remove any furniture or personal goods from the vicinity of the work to minimise the risk of damage.
11. Defects
The Customer must notify the Contractor in writing of any omissions or defective work or materials that become apparent within the defects liability period expiring 13 weeks from the date the work is completed. The Contractor will promptly (but no later than 10 business days) from the date of receiving the written list of defects make good the defective work or materials that are the Contractors responsibility at the Contractors own expense.
12. Cleaning Up
On completion of the work, the Contractor will remove from the Site all plant, equipment, rubbish and surplus material relating to the work. All demolished and surplus material will become the property of the Contractor unless otherwise specified in the description of the work.
13. Disputes
If the Customer or Contractor considers a dispute has arising in relation to any matter covered by this contract, that party must give the other party written notice of the items of dispute. The parties may confer with a mutually agreed third party to assist to resolve the dispute by mediation. If the dispute relates to workmanship and cannot be resolved, either party may refer the matter to the NSW Office of Fair Trading.
14. Termination of Contract by Customer
If the Contractor is placed under administration or goes into liquidation or declared bankrupt or fails to complete the work within an agreed time, or if no time is given, within a reasonable time, or fails to remedy defective work or replace faulty or unsuitable materials, then the Customer may, where such default can be remedied, issue a written notice requiring the Contractor to remedy the fault within 10 business days of receipt of the notice by the Contractor or within such other reasonable period as may be agreed. If the default is not remedied within 10 business days or some other reasonable period as agreed, or not capable of being remedied, the Customer may terminate the contract by written notice to the Contractor.
15. Termination of Contractor by the Contractor
If the Customer is placed under administration, goes into liquidation or declared bankrupt or fails to make a payment due under the contract or fails to give adequate instructions or directions or denies access to the site or specific work areas that prevents the work from proceeding, the Contractor may issue a written notice requiring the Customer to remedy the default within 10 business days of receipt of the notice by the Customer. If the default is not remedied, the Contractor may suspend or terminate the contract by written notice to the Customer.
16. Provisional Cost Items
A Provisional Cost (PC) is used when the cost of a specific item/s is yet to be determined. A PC is then allowed in the contract price for the purchase of the item/s. If the actual cost of the item/s is greater than the sum allowed in the contract, the excess amount together with the Contractors profit margin shall be added to the contract price. If the actual cost is less than the sum allowed in the contract, the difference shall be deducted from the contract price. The contractor’s profit margin, overheads and supervision shall be 20% unless otherwise agreed.
17. Testing of existing wiring
Any existing wiring or equipment is subject to testing. Existing faults found will incur additional costs to rectify and will be treated as a variation.
18. Earthing inspection
All light fixture installations are subject to an earthing inspection on commencement of work. Any necessary earthing to light fixtures will incur additional charges and will be treated as a variation.
19. Safe workspace
The Customer must provide the Contractor with a safe, clean workplace free of hazards such as toxic materials or unsafe working conditions. The Contractor reserves the right to suspend the work without penalty until such time as such hazards are removed.
20. Working “live”
Due to the requirement to work “de-energised”, power may from time to time during the course of the work be disconnected. Any disconnection of power will be in consultation with the Customer.
21. Interest on late payment
If the customer fails to pay the contract price or any part thereof by the due date the Contractor is entitled to charge interest at the rate of 10% per annum on all monies due but not paid by the Customer, such interest to be calculated on a daily basis from the due date to the date of payment.