Quote:
APPLICATION OF THESE TERMS AND CONDITIONS
In the Agreement, “the Contractor” is Daniel's Electrical Services ABN 53175571683; “the Customer” is the person or entity requesting goods and services from the Contractor and named as the Customer on the Contractor’s quote, Customer information form, and other Customer paperwork; “Goods” means all goods sold, leased, rented, consigned, bailed or otherwise made available to the Customer by the Contractor including but not limited to electrical equipment and associated components; “Site” means the place where the Contractor’s services will be carried out; and “Services” mean the Contractor’s performance of electrical work and associated services.
QUOTES
Contractor’s Quote The Contractor shall give the Customer a quote of the Goods and Services required in order to fulfil the Customer’s instructions and a cost estimate for such Goods and Services.
Acceptance by the Customer Where the Contractor has given the Customer a quote:
a) quotes are valid for thirty (30) days only unless an extension has been authorised by the Contractor; and
b) the Customer warrants that it has not relied on any representation by the Contractor other than as supplied in writing in the quote.
Contractor May Revise Quote
The Contractor may amend a quote, if not accepted within thirty (30) days from the date of the quote, to take into account any rise or fall in the cost of the Goods and Services as quoted and the Contractor shall notify the Customer of such amendment as soon as practicable thereafter. The Contractor will not be obliged to commence the Services until such time as the Customer agrees to the amendment of the quote.
Pricing
If there is any error or omission in the Quote, Daniel's Electrical Services reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Price quotes are subject to final costing assessment by Daniel's Electrical Services.
Products & Works
If any products and works specified are unavailable at the time of works being carried out, Daniel's Electrical Services in its absolute discretion may substitute a reasonable alternative.
CANCELLATION
The Customer shall reimburse the Contractor for any costs, losses or expenses incurred by the Contractor should the Customer cancel an accepted quote. The time for payment of such cancellation shall be seven (7) days from the date of the Contractor’s tax invoice.
UNFORESEEN CIRCUMSTANCES/PRIOR WORK
The Contractor shall NOT be liable for any problems with the Site due to another contractor’s prior work or latent conditions which are only revealed when installing the Goods. The Contractor will carry out any work needed to fix any such problem if it is considered necessary for satisfactory installation of the Goods. Any additional work necessary due to these circumstances is a variation and subject to Clause 9. If a price is not agreed, the charge will be the actual cost plus another twenty percent (20%) for the work.
ROCK
In the event the contractor encounters a subsoil rock formation which (1) prevents penetration with standard excavating equipment, then the customer will be responsible for the cost of removing such rock and/or for the cost of such construction modifications over and above the contract price specified herein.
VARIATIONS
The Customer shall indemnify the Contractor from any additional cost incurred by the Contractor should the Customer increase the scope of the Works and/or Goods to be provided. Proof that the Customer can afford the variation may be requested.
PAYMENT AND DEFAULT
Time for Payment Unless otherwise agreed in writing the Contractor’s payment terms are strictly (14) days from the date of the Contractor’s tax invoice.
Deposit
The Contractor may require a deposit from the Customer and the Customer acknowledges the Contractor is under no obligation to undertake any work as requested by the Customer until the deposit is received by the Contractor in full and when all details pertaining to contract are finalised. In the event of default as to payment owing to the Contractor on the part of the Customer, the Contractor shall be entitled to forfeit the deposit and claim any profit or margin contemplated by or allowed for in the contract in addition to any remedy available to the Contractor at law or in equity.
SCHEDULE OF WARRANTIES
The Contractor warrants that the Works are, and that Goods supplied are, free of defects at the time of completion and/or installation. If the Contractor is directed to reuse any materials or components from the Site or elsewhere, then the Contractor will not accept any responsibility for the aesthetic finishes, structural entity or any warranties whatsoever attached to those materials or components. The Customer shall indemnify the Contractor from any costs, losses or expenses associated with the rectification or resupply of such materials or components. Subject to the ACL, the Contractor does not have to fix any problem caused by misuse, abuse, wear and tear, damage caused by pests, normal shrinkage or movement, minor colour variation in natural products, work done by others or any defects in Goods supplied by the Customer.