AFEWA T&C’s

ALL FIRE & ELECTRICAL WA PTY LTD  TERMS AND CONDITIONS

  1. Definition – ‘The client’ or “Customer” means the person, sole trader or company described aforesaid on this document. “Work” means work carried out by the Fire & Electrical Contractor where the Client is the Owner of the Property, or the Client is the Authorised Agent, Person, Partnership, Sole Trader and/or Company contracted by the Owner of the property, and the work is to be done on the Client’s property. “The Fire & Electrical Contractor” means All Fire and Electrical WA Pty Ltd. ABN 49 621 513 353. “The Premises” or Site means the Site Address or place described aforesaid on this document. “The Price” or “Amount Due” or “Total including GST” means the amount mentioned aforesaid as the quoted, contract or invoiced Price. “Work Details” or “Work Requested” means the work to be undertaken described aforesaid on this document.
  2. Price – The Price quoted for the Work at the Premises is quoted on the basis of existing costs of labour, fixtures and materials at the date of the quotation. This quotation is open for acceptance for a period of 30 days from the date on the attached document. The Fire & Electrical Contractor reserves the right to review the quoted price or prices after this 30 day period. In the event that the Work is not commenced within 45 days of written acceptance without failure on the part of the Fire & Electrical Contractor to comply with its obligations under this Contract, the Fire & Electrical Contractor may increase the Price for the Work. In the event that the Work is delayed for more than 3 months through no fault of the Fire and Electrical Contractor, any increases in costs of labour or materials or both may be charged by the Fire & Electrical Contractor to the Client.
  3. Variations – All variations to the Work must be requested in writing by the Client and the charge for and the terms on which the variation will be carried out must be agreed in writing by the Client before the Fire & Electrical Contractor is required to carry out the variation. A copy of the signed Variation Agreement must be given to each party.
  4. Removal of Materials – Any materials which form part of the Premises and which are removed from the Premises as a necessary consequence of carrying out the Work and which are not re-used in carrying out the Work become the property of the Fire & Electrical Contractor at the completion of the Work unless otherwise agreed in writing between the Fire & Electrical Contractor and the Client.
  5. Defects or non-compliance in Existing Installations – If during the course of the Work, the Fire & Electrical Contractor discovers any defects or non-compliance in any part of the Premises or in any existing installation on the Premises or any connection to any existing installation on the Premises which in the reasonable opinion of the Fire & Electrical Contractor must be repaired or replaced before the Work can commence or continue, the Fire & Electrical Contractor may, if appropriate, suspend work on the job and must immediately notify the Client of the suspension and submit his price for such additional work to the Client. If the Client fails to sign an authority directing the Fire & Electrical Contractor to carry out the extra work, this Contract will be at an end and the Fire & Electrical Contractor will be entitled to payment for all work done and materials supplied at the date of suspension of the work.
  6. Defective Foundations or Structures – Fire & Electrical Contractor is not liable for any loss or damage caused to any person, structure or thing resulting from insufficient or defective foundations, walls or other structures on and around the Premises not erected by the Fire & Electrical Contractor.
  7. Tree Roots and Made Up Ground – The Price does not cover concreting or other special treatment of drains on account of proximity of trees, made-up ground or other causes. If concreting or the use of cast iron or other special treatment is ordered by any competent Authority, inspector or person authorised by such Authority, the Fire & Electrical Contractor must within 14 days of such order give to the Client a written statement setting out the reason for and the cost calculated at the rate appearing on the face hereof of the extra work and a copy of any such order. In the case of tree roots, the Client may in writing direct the Fire & Electrical Contractor to remove the tree. The cost of and the terms on which the tree will be removed must be agreed in writing between the Client and the Fire & Electrical Contractor prior to any work commencing. A copy of the written agreement must be given to each party.
  8. Rock and Reef, and Clay – The price does not include excavations or blasting of rock or reef, or excavations of clay soils which may be encountered in the course of excavation. Should the excavation of rock or reef or clay be required such rock/reef/clay excavation is a Variation to the contract and the provision of paragraph three apply. With regard to rock and reef only, in the event that the Client and the Fire & Electrical Contractor have agreed upon a specific “rock/reef” cubic metre rate, the quantity of rock or reef removed will be measured by the Fire & Electrical Contractor and agreed in writing with the Client or his representative prior to the back filling of the excavation. This rock/reef Rate does not include the removal of surplus rock off site. If requested by Client, removal of surplus rock, reef or clay is charged on a Do & Charge basis.
  9. Existing Services – The client must indicate at the time of quotation, and make the Fire & Electrical Contractor aware of the accurate location of all the existing services which may be affected during these works. If existing services are damaged during the Work, the Fire & Electrical Contractor will only be responsible for reinstatement of existing services that the Plumbing Gas & Electrical Contractor has been made aware of (at time of quotation). The Client warrants that existing services are in good order and condition. If in the reasonable opinion of the Fire & Electrical Contractor the existing services are not in good order or condition All Fire & Electrical WA will provide in writing an estimate of the work and materials necessary to effect the repair or renewal to them and the terms on which the Fire & Electrical Contractor will carry out the repair or renewal and the price and terms for such repair or renewal must be agreed in writing by the Client and the Fire & Electrical Contractor prior to any work starting. A copy of the written agreement must be given to each party.
  10. Removal of Soil – The removal of surplus excavated soil from site is not included in the Price. Surplus excavated soil will be stacked neatly in heaps in positions convenient for topping up trenches after subsidence. If the Client requires surplus excavated soil to be removed from site, that will be a Variation to the contract and the provisions of paragraph three will apply. In the event that the Fire & Electrical Contractor and the Client cannot agree on price or terms, the Fire & Electrical Contractor will not be obliged to remove the surplus excavated soil from site.
  11. Client’s Materials – If the Client supplies any fixtures, fittings or materials for use in the Work, the fixtures, fittings and materials so supplied will be stored, handled and installed by the Fire & Electrical Contractor at the risk of the Client.
  12. Suspension by Reason of Default of Payment – Without prejudice to any of the rights of the Fire & Electrical Contractor, if the Client fails to make any payments due on the dates determined for such, the Fire & Electrical Contractor is entitled to suspend works, until payment is made. If default in payment continues for a period of seven days beyond the due date for payment the Fire & Electrical Contractor may determine the Contract and in addition to any other rights which may be conferred upon him at law or at equity the Client must pay the Fire & Electrical Contractor for work and labour done and material supplied by the Fire & Electrical Contractor to the date of suspension.
  13. Completion and Delays – The Fire & Electrical Contractor will complete the work in good and workmanlike manner as soon as is reasonably practicable. The Fire & Electrical Contractor is not liable for any delay in completion or damages occasioned directly or indirectly by any cause beyond the reasonable control of the Fire & Electrical Contractor including (without limiting the foregoing) weather conditions, labour disputes, accidents, fire, act of God, civil disturbances, shortages of material, difficulty of securing labour.
  14. Defects in Workmanship – In the event the Client is dissatisfied with the performance of the Work or discovers any breakages, the Client must advise the Fire & Electrical Contractor in writing of the Work or breakages within 14 days of date of final invoice.
  15. Dewatering – The removal of water from excavations (Dewatering) is not included in the Price. Should dewatering be required, such dewatering is a Variation to the contract and the provision of paragraph three apply.
  16. Subcontractors– Subcontractors used or appointed for additional scopes of works will take independent liability for said scope of work undertaken for All Fire & Electrical WA. Any additional work outside the contracted or agreed scope will result in that subcontractor’s financial risk. All subcontractors will be accredited and hold licenses for works under taken if required. These also need to be kept up to date. All subcontractor’s insurances must be current and not limited to but must hold Public liability to $20 million. $5 million Professional Indemnity and Works Compensation reflective to staff numbers and turnover. This is as a minimum requirement by the Fire & Electrical contractor. All other insurances that may be required to cover said scope of work must be produced at the time of quoting or performing scope of work. All Fire & Electrical WA PTY LTD take no responsibility for subcontractor’s accident or injury claims when performing scope of work if due diligents has not been performed or safety measures not followed by laws and the regulatory act. All Fire & Electrical WA PTY LTD also has the right and on behalf of the client hold payment on faulty or non-conforming work standard or parts supply.
  17. Settlement of Disputes – Regardless of any application to the contrary, the operations of the Fire & Electrical Contractor are governed by the Laws of Western Australia, and any action instituted by the Fire & Electrical Contractor against the Client, and / or any action instituted by the Client against the Fire & Electrical Contractor, will take place under the Laws of Western Australia, and in the courts, (regardless of the amount) which are located in the City of Perth.

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