Conditions of Contract

This quote is valid for 30 days only, unless otherwise agreed in writing.

  •  Prices are exclusive of GST.
  • Quotes are for the Works described only. Any variations or additional work requested will result in an increase in the price for the Works.
  • Prices quoted for works are for ‘business hours’ only (unless otherwise stated).
  • Prices are subject to AWB Co’s Conditions of Contract below;
    Terms and Conditions

1. Contract

The contractor will carry out “the Works” described in this quotation for “the contract sum”, which may be varied pursuant to these conditions. This quotation may only be accepted by written notice to the contractor within thirty days from the date of the quotation and, if not so accepted, the contractor reserves the right to revise it.

2. Terms of Payment

The client must pay the amount due on satisfactory completion of the works within 30 days of receipt of invoice. A progress claim may be submitted to the client for payment within 30 days, if the value of works exceeds $5,000. The client also agrees that the contractor may require a deposit in order to start the works and any deposit or progress payment made by the client confirms acceptance of the contract with AWB Co.

3. Access

The client 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 owner must
remove any personal property likely to impede the work.

4. Materials, Details and Dimensions

The client shall provide the contractor with all necessary dimensions and locations in adequate time to enable the contractor to carry out and complete the works in accordance with the contract.

5. Existing Underground Services

If within a reasonable time before the works are commenced on the site, the client informs the contractor of the presence, nature of location of underground services on the site, the contractor shall, at no cost to the
client, make good any damage which he may cause to such services.

6. Asbestos and Other Toxic Substances

This contract is conditional upon the site of the works being free from asbestos and other toxic substances and should asbestos or other toxic substances be discovered then the client shall accept full responsibility for the resolution of any problems arising and shall add to the contract sum an amount equal to any costs necessarily incurred by the contractor as a consequence of such problems.

7. Finished Surfaces

Unless agreed otherwise, the client shall make good all finished surfaces, including but not limited to ceiling tiles and panels, face brickwork and rendered masonry surfaces, which the contractor may reasonably have to break into or disturb in performance of the works.

8. Variations

8.1 If the client requests any variation in the Works during the contract, the contractor shall, in accepting the variation, be entitled to increase or decrease the contract sum to take account of the total costs of such variation, inclusive of the time needed to prepare the costings estimate of the variation. The contractor shall also be entitled to a reasonable extension of time to complete the works, as varied. The client agrees that they will be liable for any increases to the contract sum as a result of variations.

8.2 The contractor shall submit a written variation quotation revising the contract sum. This variation quotation may only be accepted by written notice to the contractor within 3 days from the date of the variation quotation and, if not so accepted, the contractor reserves the right to revise it.

8.4 Variation quotations are exclusive of GST and are for the variation works described only. Prices quoted for variation works are for ‘business hours’ only (unless otherwise stated).

9. Retention of Title

Until the contractor receives full payment and property in the goods passes to the client, the client holds the goods as bailee for the contractor.

10. Warranties

10.1 The contractor warrants that all materials and workmanship comprising the works shall conform to the current edition of the AS/NZS 3000 Wiring Rules and the requirements of any authority regulating the supply and use of electricity or electrical installations in force on the date of the performance of the works.

10.2 The contractor will rectify any defects in materials or workmanship of the contractor appearing in any section of the works within six months of the date of handover of that section.

10.3 Where any warranty has been given by a third party in respect of materials and workmanship supplied by that third party to the contractor and incorporated in the works, and such warranty imposes less obligations on the third party than those imposed on the contractor by Clause 10.2 the contractor shall give a like warranty to the client, which shall apply to the exclusion of Clause 10.2.

10.4 Where the client provides materials to the contractor, the contractor does not warrant these materials whatsoever.

11. Limitation of Liability

11.1 The contractor shall not be liable in contract or in tort or otherwise arising, for any consequential, special or contingent damages which may be claimed to have resulted from the contractor’s performance or failure to perform any obligation under the contract.

11.2 Notwithstanding anything to the contrary, in no circumstances shall the contractor be liable in contract or in tort or otherwise, for loss, expense or damages incurred, sustained or suffered by the client in an amount exceeding 10% in monetary value of the contract sum.

12. Cancellation by the Client

If the client requests cancellation of the contract, he/she shall pay for work done pursuant to the contract to the date of such request and shall pay the contractor compensation for all losses (including consequential losses and lost profits) suffered by it as a result of such cancellation.

13. Implied Terms

No warranty, condition or representation, other than those contained in these terms and conditions shall be included in this contract by implication, statute or otherwise, but nothing contained here shall be deemed to attempt to exclude, restrict or modify any implied warranty or condition in relation to the goods and services to be supplied by the contractor, the exclusion, restriction or modification of which would pursuant to any statute, including the Competition and Consumer Act 2010 render this clause or anything contained here void or illegal.

14. Unsafe Wiring or Equipment

14.1 Pursuant to the Electricity (Licensing) Regulations 1991, Electrical Contractors/ Workers (‘we’) are not permitted to allow unsafe wiring or equipment to be connected or remain connected to an electrical installation or supply of electricity. Accordingly, if during the course

14.2 of carrying out work at your property we encounter faulty or unsafe wiring or equipment, we are legally obliged to repair or isolate the same, and, report the matter to the relevant network operator.

14.3 As a result of this requirement, we may be required to perform additional work at your property beyond what was quoted for. By accepting our quote, you also authorise us to perform such additional works as we see necessary to ensure compliance with the Electricity (Licensing) Regulations 1991, and agree to pay the cost of such works.

14.4 Alternatively, if you are not willing to pay the cost of any such works, please provide notification of this intention in writing to the Contractor before any work has commenced. In this situation, we are obliged to isolate the affected circuit and report the matter to the relevant network operator.