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Terms and Conditions

1. LAW

1.1. The law governing this document and any Agreement made between the parties is the law of the State of Victoria. The work shall be performed in accordance with the requirements of the Electricity Safety Act 1998 and Electricity Safety (Installations) Regulations 1999.

2. GENERAL

2.1. These terms and conditions apply to the sale of goods and services by Living Electrics Pty Ltd to the Customer, where this document is a Quotation the terms and conditions have application, so far as the context permits, in respect of any transaction conducted following acceptance of the Quotation or negotiated variation thereto.

3. VALIDITY – where this document forms part of a Quotation.

3.1. The Quotation is not to be construed as an offer or obligation by us to sell and we reserve the right at our option to accept or reject any orders received.
3.2. Our obligation includes only the goods and services as are specified in our agreement.
3.3. The Quotation, prior to receipt of acceptance, is subject to alteration or withdrawal at any time by Living Electrics Pty Ltd in writing without incurring any liability whatsoever and unless other advised by Living Electrics Pty Ltd in writing the quotation shall be valid for thirty (30) days from the date thereof.
3.4. In the event the Customer provides Living Electrics Pty Ltd with a written Order, such Order is subject to these terms and conditions of quotation and any other terms and conditions which are agreed by the parties to become part of the terms and conditions of quotation.
3.5. Variations or amendments requested by the Customer, shall be issued in writing to Living Electrics Pty Ltd and shall not bind Living Electrics Pty Ltd unless Living Electrics Pty Ltd agrees to the provision of further work in respect of those variations or amendments.

4. LIVING ELECTRICS PTY LTD WARRANTY

4.1. Living Electrics Pty Ltd warrants that the completed work will be reasonably fit for the purpose for which it is intended, provided that the purpose is specified herein or is obvious by reason of the nature of the work. If any defects or faults are discovered in the workmanship of Living Electrics Pty Ltd, the Customer shall within three (3) calendar months from the date of practical completion give to Living Electrics Pty Ltd notice in writing whereupon Living Electrics Pty Ltd shall make good any such proven defects or faults.
4.2. Living Electrics Pty Ltd does not warrant the quality or performance of any appliances supplied or installed by Living Electrics Pty Ltd. It is the Customer’s responsibility to ensure that Warranty cards or other registration requirements of the Manufacturer of any appliances supplied or installed by Living Electrics Pty Ltd are complied with.

5. PROGRESS PAYMENTS

5.1. The Customer shall pay to Living Electrics Pty Ltd the Deposit stated in the Schedule upon the signing or acceptance of Quotation.
5.2. Living Electrics Pty Ltd shall submit to the Customer progress claims for each stage which shall consist of:

  • 5.2.1 The percentage of the Contract Sum applicable to that stage as stated in the Schedule: and
  • 5.2.2 Any other amounts then payable to Living Electrics Pty Ltd in respect of variations issued pursuant to clause 7.

5.3. The Customer shall pay to Living Electrics Pty Ltd progress payments in accordance with the progress claims supplied by Living Electrics Pty Ltd to be paid within seven (7) calendar days of submission of the progress claim by Living Electrics Pty Ltd.
5.4. Should the Customer neglect or refuse to pay the amount of any Progress Payment by the due date then Living Electrics Pty Ltd may, at his option with or without notice to the Customer, suspend work until full payment is made.

6. INCREASED COSTS

6.1. If, after thirty (30) calendar days from the Customer’s acceptance of this Quotation, Living Electrics Pty Ltd’s costs in connection with this Agreement are increased as a result of factors including but not limited to variations in costs in labour, material, employer’s liability, freight, insurance, third party insurance, GST and other taxes, customs or excise duties or any levy of any new or additional tax the Customer shall pay the amount of such increases.

7. VARIATIONS

7.1. Any variation to this Agreement shall be notified in writing by the person seeking the variation setting forth the details of such changes and the value thereof shall be added to or deducted from the contract sum as the case may be.
7.2. Where no Agreement is reached by the Customer and Living Electrics Pty Ltd as to the value of variations, then the following shall apply:

  • 7.2.1 Additions shall be charged:
    labour at cost plus overheads plus 10%: and
    materials at trade price plus 20%
  • 7.2.2 Deletions shall be made at cost.

7.3. Where there is an agreed variation to the scope of works, a variation document will be generated by Living Electrics Pty Ltd which will describe the variation, estimate any delay, state the change in contract price or how the change in prices is to be calculated and make appropriate provision for payment.

8. WORKING HOURS

8.1. All work will be done during normal working hours (7.00am – 6.00pm) Monday to Friday unless otherwise stated and any work required to be done outside of the nominated hours will be chargeable at award penalty rates as applicable.

9. GST REGISTRATION

9.1. Living Electrics Pty Ltd warrants that as at the date of this Agreement, Living Electrics Pty Ltd is registered under GST Law and that Living Electrics Pty Ltd is not aware of any circumstances existing which would require the Commissioner of Taxation to cancel the registration.

10. INSURANCE

10.1. Living Electrics Pty Ltd shall effect and shall maintain during this Agreement, Public Liability Insurance to a value of not less than $5,000,000 and WorkCover Insurance in accordance with the requirements of the applicable legislation for all employees.
10.2. Living Electrics Pty Ltd shall provide if requested by the Customer evidence of the existence of such policies.

11. EXPECTED RISKS

11.1. Living Electrics Pty Ltd shall not be liable for delay or failure to fulfil any of its obligations resulting directly from the following events including but not limited to:

  • Any negligent act or omission of the Customer, its employees and/or agents;
  • Any events occurring on, before or after the date of practical completion for the works which are beyond the reasonable control of Living Electrics Pty Ltd including but not limited to industrial conditions, inclement weather, shortage of suitable materials or parts, labour or transportation affecting Living Electrics Pty Ltd, its suppliers or any other person, company or firm;
  • Latent conditions;
  • Changes in the Law;
  • Variations directed to the Customer;
  • Directions or delays by municipal, public or statutory authorities.

12. RISK & OWNERSHIP

12.1. Risk or loss, damage or destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.
12.2. Ownership of materials and equipment shall remain with Living Electrics Pty Ltd, until payment of the full contract sum and any other monies due to Living Electrics Pty Ltd under this agreement.
12.3. The Customer authorises Living Electrics Pty Ltd to enter the Customer’s premises at any time to retake possession of the materials and equipment and to dispose of the equipment to recover costs if the Customer breaches this Agreement.

13. ACCESS

13.1. Living Electrics Pty Ltd’s Quotation is based on 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 11.1 herein, then such extensions of time to the date for Practical Completion shall be granted.
13.2. Where Living Electrics Pty Ltd has been granted an extension of time under this clause the Customer shall pay to Living Electrics Pty Ltd such extra costs as are necessarily incurred by Living Electrics Pty Ltd by reason of the delay.

14. PRACTICAL COMPLETION

14.1. Living Electrics Pty Ltd shall practically complete the Works in accordance with this Agreement on or before the date in the Schedule.
14.2. When, in the opinion of Living Electrics Pty Ltd, the Works are practically complete, Living Electrics Pty Ltd may give the Customer notice thereof.
14.3. Within five (5) calendar days after receipt of such notice, the Customer, if not satisfied that the Works are practically complete, shall give toLiving Electrics Pty Ltd five (5) calendar days written notice of those matters which the Customer requires to be done for practical completion. If the Customer does not respond by written notice within the required time, then the Works shall be deemed to be practically complete.
14.4. If, in the absence of written agreement between Living Electrics Pty Ltd and Customer the Customer takes possession of and/or uses the Works or any part thereof prior to the date of practical completion pursuant of this condition, the Works shall be deemed to have been practically completed on the date of commencement of such possession and/or occupancy and/or use.
14.5. The date of practical completion shall be the date for commencement of the defects liability period.

15. DAMAGES

15.1. The rights of the Customer to consequential, liquidated or pre ascertained damages are expressly excluded from this Agreement.

16. DISPUTE RESOLUTION

16.1. Any dispute between the Customer and Living Electrics Pty Ltd arising under, or in connection, with this Agreement and which requires proceedings for resolution may be referred to either:

  • 16.1.1 The Victorian Civil Administration Appeals Tribunal (VCAT); or
  • 16.1.2 The National Electrical Communication Association for conciliation.

17. NOTICES

17.1. Any notice under this Agreement shall be given in writing and delivered to the other party by hand, or alternatively by prepaid post to the address stated in this Agreement or to such other addresses the party to whom the notices is given may thereafter have notified. Any such notice shall be deemed to have been received two (2) calendar days after the date of posting.

18. PRIME COST ITEMS

18.1. Prime cost (pc) items when included in the Agreement refers to the cost of supply of those which are described and for which only installation costs are included but the actual cost of the items have yet to be determined. If the actual cost of an item to Living Electrics Pty Ltd is greater than the sum allowed in the tender documents, the excess amount together with Living Electrics Pty Ltd’s profit margin on the excess shall be added to the contract price. If the actual cost is less than the sum allowed in the tender documents the reduced sum together with Living Electrics Pty Ltd’s profit margin on the difference shall be deducted from the contract prices. Living Electrics Pty Ltd’s margin specifically excludes labour costs, covers overheads and supervision.

 
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