Terms and Conditions
1a. In choosing SYD ENERGY for the performance of any work, or for the supply of any products, materials or goods, the Client acknowledges acceptance of the associated costs and charges and agrees to make complete payment for such under the terms for payment set out herein. The Client acknowledges that it has represented ability to pay for the work to be completed.
b. Where a written quotation has been provided by SYD ENERGY, acceptance shall only be by verbal or written notice to SYD ENERGY within 30 days of the date of the quotation. Upon such acceptance by the Client a binding contract shall be created between the Client and SYD ENERGY based solely on the terms detailed in the quotation.
i. No change in the terms of the contract shall be effective unless agreed in writing by SYD ENERGY.
ii. The waiver or breach by SYD ENERGY of any term of the contract shall not constitute a waiver or breach of any of the remaining terms of the contract.
c. In the absence of a written agreement between the Client and SYD ENERGY detailing a fixed scope of work and an associated fixed price for the provision of materials, products, goods or services by SYD ENERGY, the cost for such shall be borne by the Client on an on the job charge basis.
i. The details of do and charge works shall ia at the descretion ofthe Client and SYD ENERGY engineer.
ii. The act of signing such written estimates by the Client or an agent of the Client constitutes acceptance by the Client of the associated charges by SYD ENERGY and of all terms and conditions detailed herein.
iiI. The charges and rates for products, materials, goods and services provisioned by SYD ENERGYl on the job charge basis may be varied from time-to-time at the discretion of SYD ENERGY.
Estimates & Quotations
a. All prices quoted by SYD ENERGY are exclusive of GST (Goods and Services Tax) unless otherwise stated. b. All prices quoted by SYD ENERGY are based on the work associated with the quotation being performed during times of ordinary rates of pay for labour and on the basis of a 38 hour week unless otherwise stated. Work required by the Client to be performed outside of these hours shall be additional to the agreed apon price unless otherwise stated.
c. All prices quoted by SYD ENERGY are valid for thirty days from the date of issue unless otherwise stated.
d. All prices quoted by SYD ENERGY and detailed as "Budget Price" or "Budget Estimate" or wording with similar meaning are best estimates only and do not constitute a fixed price offer.
e. All prices quoted by SYD ENERGY are based on RRP for any products that may be supplied for the agreed work.
f. All prices quoted by SYD ENERGY do not include any payment that may be required to any statutory body unless otherwise stated.
g. All prices quoted by SYD ENERGY are conditional upon the Site Of The Works being free from asbestos and other toxic substances and should asbestos or other toxic substances become evident then the Client shall accept full responsibility and costs for the resolution of any problems arising as a result of such substances.
h. All prices quoted by SYD ENERGY are based on the Client providing, identifying and marking all necessary survey and datum points.
i. If the Client fails to advise SYD ENERGY in writing prior to the commencement of any excavations of the location and type of underground services and such services are damaged by SYD ENERGY then the Client shall indemnify SYD ENERGY against any loss, damage or expense of whatsoever nature incurred in making good any loss or damage that SYD ENERGY may make to the underground services.
a. If not previously notified by the Client, then at the time of acceptance of a quotation provided by SYD ENERGY the Client shall submit to SYD ENERGY the proposed work schedule for the execution of the work detailed in the quotation. If SYD ENERGY agrees to the work schedule then it shall form part of the contract between the Client and SYD ENERGY and shall not be varied except in accordance with these terms. If a work schedule is not submitted or agreed upon then SYD ENERGY shall complete the work detailed in the quotation in a time which is reasonable in all circumstances.
b. Within fourteen days after the acceptance of a quotation provided by SYD ENERGY the Client shall provide possession of site to SYD ENERGY sufficient for SYD ENERGY to complete the works associated with the quotation in a clear and unimpeded manner as required by the work schedule.
c. If all work associated with a quotation provided by SYD ENERGY is not completed within six months from the date of the quotation then SYD ENERGY shall be entitled to vary the agreed price to take into account rise and fall in the costs of labour, materials and overhead.
Extensions Of Time
a. Where a work schedule has been provided by the Client and SYD ENERGY is delayed due to cause beyond its control (including) but not limited to acts of God, strikes, lockouts or other industrial disturbances, fire, explosion, regulations or orders of any statutory authority or delays caused by any other person, company or authority) then SYD ENERGY shall be entitled to an extension of time to complete the associated work while such cause for delay exists.
b. If any such delay detailed in Clause 5.a persists for six months or more then either party may by notice in writing to the other terminate the associated contract for the work. The termination of such contract shall not affect the rights and obligations of either party that accrued prior to such termination.
a. Where a written quotation has been provided by SYD ENERGY and accepted by the Client and the Client or any of its agents varies any conditions detailed in that quotation after so accepting it, including but not limited to design, quantity, type, brand, colour, location, hours of work or site access, then SYD ENERGY shall be entitled to vary the agreed price to take into account such changes and shall be entitled to an extension of time to complete the work where such changes impact on the time taken to complete the work.
b. If SYD ENERGY is required to pay it's employees any additional rates or sums above that detailed in the prevailing employment instrument relevant toSYD ENERGY due to conditions associated with the Site Of The Works such as site allowance, redundancy provisions and the like then it shall be entitled to vary the agreed price to take into account any associated additional costs incurred unless otherwise stated.
c. Where extra cost in labour, materials or overhead is occasioned by SYD ENERGY by virtue of acceleration of the agreed work schedule or due to the presence of obstacles that could not have reasonably been anticipated by SYD ENERGY then SYD ENERGY shall be entitled to vary the agreed price to take into account such conditions.
a. Unless otherwise agreed in writing, the responsibility of SYD ENERGY in respect of commissioning any work performed by SYD ENERGY shall be limited to proving conformance with the prevailing requirements as at the date of commencement of the work of:
i. AS3000, and
ii. any authority relating to the supply and use of electricity or electrical installations, and
iii. Any written specification provided by the Client as at the date of an associated quotation for the work provided by SYD ENERGY.
a. The Client warrants that all equipment and fittings supplied by the Client, and to which SYD ENERGY is required to connect its works, will conform with relevant Australian Standards and to the requirements of all statutory bodies.
a. Title in any products, materials or goods sold or installed during the course of any works, or in the course of supply by SYD ENERGY shall pass to the Client only upon payment in full of an associated Tax Invoice issued by SYD ENERGY.
b. SYD ENERGY shall be entitled to an unpaid vendor's lien on any products, materials or goods until payment in full is received for an associated Tax Invoice issued by SYD ENERGY.
a.SYD ENERGY shall submit monthly progress claims on a day nominated by SYD ENERGY in respect of both those identifiable parts of work completed for the Client by SYD ENERGY and any identifiable unfixed materials and/or goods stored by SYD ENERGY which are intended for supply and/or installation as part of work performed by SYD ENERGY for the Client.
a. SYD ENERGY warrants all work performed by its employees and its authorised agents against defective workmanship and against defective materials for a period of 90 days. Such 90 day period commences upon the earliest of:
i. The completion or energization of the associated work; or
ii. The completion or energization of an identifiable and relative portion of the associated work; or
iii. The receipt of the associated products, materials or goods by the Client where the service provided by SYD ENERGY encompasses none other than supply.
b. Any otherwise applicable warranty shall be voided by:
i. Modification to any work performed by SYD ENERGY, or modification to any products, materials or goods supplied by SYD ENERGY by any party other than the employees or authorised agents of SYD ENERGY ; or
ii. Failure to sufficiently maintain any associated work performed by SYD ENERGY, or failure to sufficiently maintain any associated products, materials or goods supplied by SYD ENERGY; or
iii. Misuse or use in any manner other than that intended of any work performed by SYD ENERGY, or misuse or use in any manner other than that intended of any products, materials or goods supplied by SYD ENERGY.
Risk & Liability
a. The liability of SYD ENERGY in contract or in tort for any act, omission or default arising from the design or provision of any service or arising from the supply of any materials, products or goods shall not extend to any consequential, economic or indirect losses.
b. The Client retains liability for all risks associated with any work, in part or in full, performed by SYD ENERGY on the Site Of The Works, and for all risks associated with any products, materials or goods supplied or installed, in part or in full, on the Site Of The Works at all times. The onus for insurance against such risks rests with the Client.
c. The Client shall ensure that the employees and agents of SYD ENERGY in carrying out work for the Client shall not be exposed to any risk to health or safety. The Client shall indemnify SYD ENERGY in the event that an employee or agent of SYD ENERGY sustains injury or deterioration of health in consequence of a breach of this provision.
a. Worker's Compensation and Public Liability insurance shall be effected by SYD ENERGY in relation to and during the course of any work performed by SYD ENERGY for the Client. Such insurance shall cover the interests of SYD ENERGY only.
a. SYD ENERGY retains the rights to, and ownership of, any intellectual property associated with or arising from the performance of any design or work for the Client unless otherwise stated.
Assignment and Subletting
a. The Client shall not assign the contract in whole or in part without the prior written approval of SYD ENERGY.
b. SYD ENERGY shall be entitled to subcontract any or all of the work.
a. SYD ENERGY may suspend any work for the Client, or terminate any associated contract with the Client and repossess any unfixed portions of any work performed by SYD ENERGY for the Client for which the Client has not yet paid for if the Client fails to observe the terms of payment detailed in these terms or if the Client enters into an agreement or an arrangement with its creditors, or being an individual commits an act of bankruptcy or is made bankrupt, or being a company resolves or is ordered to be wound up or has a liquidator, receiver, receiver and manager, official manager or administrator appointed for any or all of its assets.
a. If the Client requests cancellation of a contract between it and SYD ENERGY or if it requests cancellation of any work being performed for it by SYD ENERGY for the Client then the Client shall pay SYD ENERGY for all work performed to date and SYD ENERGY shall also be entitled to a sum of 20% of the agreed price of the total work for profit, overhead and inconvenience.
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