Terms & Conditions

Terms & Conditions

Important Note

This page contains 1.) General Conditions – Contract for Domestic Electrical Works, and 2.) General Conditions – Contract for Electrical Services (Commercial & Industrial). For domestic or residential customers please refer to the former, and for our commercial or industrial clients please refer to the latter – if you have any questions or concerns please contact admin@dsselectrical.com.au. 

General Conditions – Contract for Domestic Electrical Works

General Terms

1. Contract documents

1.1. This Contract consists of these General Terms, the Quotation and Schedule to Contract for Domestic Electrical Works (Schedule) together with any plans, drawings and specifications which might be attached to the Schedule.

2. Deposit

2.1. The Client shall pay the Deposit set out at Item 10 in the Schedule to the Contractor upon signing the Schedule.

3. Contract formation, price and Works

3.1. Where a Quote for the Works has been given by the Contractor to the Client, the Contract Price exclusive of GST (Item 1 in the Schedule) is made up of the following:

(a) Contract Fixed Price Component (Item 4 in the Schedule) as adjusted in accordance with the terms of this Contract;

(b) The amount/s allowed for any Prime Cost Items (Item 5 in the Schedule); and

(c) The amount/s allowed for any Provisional Sums (Item 6 in the Schedule)plus GST (the Total Contract Price is shown in Item 2 in the Schedule)

3.2. Where a Quote for the Works has not been given by the Contractor to the Client, the Contract Price exclusive of GST (Item 1 in the Schedule) is made up of the following:

(a) Contract Estimated Price (Item 3 in the Schedule) as adjusted in accordance with the terms of this Contract;

(b) The amount/s allowed for any Prime Cost Items (Item 5 in the Schedule); and

(c) The amount/s allowed for any Provisional Sums (Item 6 in the Schedule) plus GST.

3.3. The parties acknowledge and agree that, for the purposes of section 26(2) of Schedule 1B to the QBCC Act, the only information which was reasonably available when the Contract was entered into was that information set out in Item 7 of the Schedule.

3.4. If the actual cost of a Prime Cost Item or that part of the Works which is included as a Provisional Sum exceeds the amount set out in the Schedule, the Contract Price shall be increased by the difference between the actual cost and the amount set out in the Schedule plus an extra amount for the Contractor’s Margin on Prime Cost Items.

3.5. The Contract Price may also increase if the Contractor encounters Abnormal Site Conditions, there is a Variation or where a Quote for the Works has not been given by the Contractor to the Client.

3.6. The Schedule constitutes an offer to carry out the Works for the price set out therein. Unless the Contractor otherwise agrees in writing, no contract shall come into existence and the Contractor shall not be bound to undertake the Works for the price set out in the Schedule unless the Client signs and returns the Schedule to the Contractor within 10 days of having received it.

3.7. The Contractor is not required to carry out any work or supply any Materials set out at Item 15 of the Items Schedule unless there is a valid Variation requiring the Contractor to do so.

3.8. By signing the Schedule and returning it (or a copy) to the Contractor, the Client accepts the offer and engages the Contractor to complete the Works in accordance with the terms of this Contract.

3.9. All pricing and amounts otherwise payable under this Contract, including in relation to any Variation, have been or will be calculated on a GST exclusive basis unless stated to the contrary and the Client shall pay any GST applicable to any supply (as defined in the GST Legislation) in addition to paying any such price or amount payable with respect to any supply.

4. Statutory Warranties

4.1. To the extent required by Schedule 1B of the QBCC Act, the Contractor warrants that:

(a) The Works will be carried out in an appropriate and skilful way and with reasonable care and skill and reasonable diligence;

(b) All Materials supplied will be of good quality and suitable for the purpose for which they are used having regard to the Relevant Criteria, and that all Materials used will be new unless this Contract expressly provides otherwise;

(c) The Works will be carried out in accordance with all Laws;

(d) The Works will be carried out in accordance with the Plans and Specifications;

(e) Any estimate of Provisional Sum or Prime Cost Item included in the Contract has been calculated with reasonable care and skill, having regard to all the information reasonably available when the Contract is entered into (including information about the nature and location of the Site).

5. Plans and Specifications and Approvals

5.1. The Plans and Specifications for the Works are set out in Item 14 of the Schedule.

5.2. The Plans and Specifications may only be amended:

(a) By the express, written agreement of the parties; or

(b) By the Contractor, in order to resolve any buildability issues which the Contractor may encounter during the carrying out of the Works; or

(c) In order to ensure that the Works comply with all Laws.

5.3. The party supplying the Plans and Specifications warrants that it has prepared them with reasonable skill and care and that the use of the Plans and Specifications for the Works will not infringe any rights of any third party.

5.4. If the Contractor prepared the Plans and Specifications (or any part/s of them) then the Contractor does not grant the Client any right or licence to use the Plans and Specifications or such part/s of same as the Contractor may have prepared. Such a right or licence shall not be granted until the Client has paid the whole Contract Sum to the Contractor.

5.5. If the Plans and Specifications are amended for a reason set out in 5.2 of this Contract, then the Contractor may claim a Variation.

5.6. The Client shall be responsible for obtaining all permissions, permits, consents or approvals (Approval) required to carry out and complete the Works other than with respect to the Contractor’s licence to carry out the Works.

5.7. Unless specifically provided in the Schedule, the Works do not include the provision of temporary services or works of any type whatsoever; the provision of any special equipment; removal of or any dealing with asbestos or other toxic or contaminating substance; fire protection of any penetrations; forms of cosmetic remediation of the Site other than that which is permitted within the Contractor’s licence (licence) where a licence is required.

5.8. The Contract Price does not include the costs of or any allowance for any security or deposit payable in respect of the Works (for example, any payment required to be made to any local authority or utility) and the Client shall be responsible for and pay any such costs immediately upon demand by the Contractor.

5.9. In the event any Approval will require additional work, the Contractor shall give notice thereof to the Client at any time and may claim a Variation for any such additional work at any time.

5.10. If any Approval has not been obtained within a reasonable time (in the sole and unfettered discretion of the Contractor) and in any event within 90 days of having been first sought, then the Contractor may suspend the carrying out of the Works by written notice to the Client.

5.11. If the Works remain suspended pursuant to clause 5.10 for more than 14 days, the Contractor may terminate the Contract by written notice to the Client.

5.12. In the event this Contract is terminated pursuant clause 5.11, the Contractor shall be entitled to be paid (and the Client shall pay) the Contractor’s costs and expenses incurred in carrying out the Works until the date the Contract comes to an end plus an amount equal to 15% of the balance of the Contract Price for that part of the Works which is not to be carried out (as compensation for loss of the profit the Contractor otherwise could have expected to make). Subject to this clause 5.11, the parties shall have no further liability to each other as a result of the Contractor suspending the carrying out of the Works pursuant to clause 5.10 and/or the Contract being terminated pursuant to clause 5.11.

6. Access to Site

6.1. The Client must allow the Contractor such access to the Site as the Contractor (in the Contractor’s opinion) reasonably requires for the purpose of establishing what is required to effect the Works and prepare the Site prior to the Commencement Date.

6.2. The quotation is based on a continuous and linear works program and if the Client or events, people or circumstances beyond the immediate control of the Contractor cause the Works to be delayed or the Contractor’s access to the Site to be inhibited, the Contractor may suspend the carrying out of the Works.

6.3. In the event of any delay of the nature referred to in clause 6.2, any loss or damage incurred by the Contractor arising out of the delay, together with an allowance of 15% for the Contractor’s overheads and profit margin, shall be added to the Contract Price and may be included in the next Progress Claim.

7. Abnormal Site Conditions

7.1. The Contract Fixed Price set out at Item 4 and the Contract Price and the Total Contract Price set out at Item 1 and Item 2 respectively of the Schedule do not include any allowance for dealing with Abnormal Site Conditions.

7.2. In the event of Abnormal Site Conditions, an additional charge is payable by the Client to be calculated as provided in Item 9 of the Schedule and the Contractor shall be entitled to claim an extension of time in relation to any consequential delay.

8. Existing services and electrical installations

8.1. The Client warrants to the Contractor that the existing services at the Site and those connected to it are in good order and comply with current legal requirements. The Contractor shall take reasonable care not to interfere with or damage any services but the reinstatement of any services cut or damaged by the Contractor during the course of the Works which was not specifically referred to in the quotation, is not included in the Contract Price.

8.2. If there is any upgrading or renewal of existing electrical installations required for any reason which could not have been reasonably foreseen by the Contractor at the time of submitting its quotation, the additional costs thereof together with an allowance of 15% for the Contractor’s overheads and profit margin, shall be added to the Contract Price and may be included in the next Progress Claim.

8.3. Notwithstanding anything else in the Contract, the Contractor shall not be obligated to undertake any work which is not within its licence and shall not be responsible for any costs, direct or indirect or consequential, of any such work or of the need for it.

9. Client’s materials

9.1. All fixtures, fittings or materials of the Client on the Site (whether on the Site on the Commencement Date or brought on thereafter) will be stored, handled and installed at the Client’s sole risk provided that the Contractor shall take reasonable care in dealing with them.

10. Payment obligations

10.1. The Client must pay the Contractor the Contract Price calculated and adjusted as provided by this Contract as follows:

(a) Pay the Deposit upon execution of the Contract;

(b) Pay each Progress Claim and the Contractor’s claim for payment upon Practical Completion within 5 days of receiving each claim. Where Progress Claims are made, each claim shall be calculated by reference to the percentage of the Contract Price applicable to the relevant stage of completion of the Works as set out in the Schedule, adjusted to take into account any adjustment for any Prime Costs Item and any Provisional Sum Allowance and the costs of any Variation not previously claimed and paid.

10.2. Unless contrary to the QBCC Act, the Client shall pay the Contractor for a Prime Cost Item in accordance with the terms of this Contract, upon delivery of the Prime Cost Item.

10.3. If the Client does not pay any amount due to the Contractor on time, the Contractor shall be entitled to be paid interest on the overdue amounts at the rate provided in section 67P of the QBCC Act.

10.4. In the event the Contractor in carrying out any part of the Works carries out work for which it is required to hold a particular type of licence and the Contractor does not hold that type of licence or any part of the Works is beyond the scope of the Contractor’s licence (Additional Work), the parties agree that the value of the Additional Work is Nil and that the entire Contract Price relates solely to those parts of the Works for which the Contractor is licensed (where a licence is required) or for which the Contractor does not require a licence.

10.5. If the Client fails to make any payment by the due date the Contractor, without prejudice to any other rights of the Contractor, by written notice to the Client, can suspend the Works until payment is made (together with any interest payable due to the late payment) and cannot be required to resume the Works until 3 Business Days after payment has been cleared.

11. Variations

11.1. The scope of the Works may be varied from time to time subject to the details of any proposed variation and any additional payment which might be sought in relation thereto first being provided in writing by the Contractor to the Client in accordance with Schedule 1B of the QBCC Act (Variation Notice).

11.2. Each Variation Notice shall:

(a) Be readily legible;

(b) Adequately describe the variation;

(c) Set out the date of the request of the variation;

(d) Set out the Contractor’s reasonable estimate of any delay which might result from the variation;

(e) State the change to the Contract Price brought about as a consequence of the variation or the method for calculating the change to the Contract Price due to the variation;

(f) State when any increase in the Contract Price is to be paid or in the event the variation results in a decrease, state when the decrease is to be accounted for.

11.3. The Contractor must give the Client a signed copy of the Variation Notice within 10 Business Days after the variation is agreed and before the Variation is commenced.

11.4. The Client must sign the Variation Notice within two (2) Business Days of receiving same and if the Client does not do so, the Contractor may, by written notice to the Client, suspend the carrying out of the Works.

11.5. The Contractor shall be under no obligation to accept or comply with any oral direction unless and until it is confirmed in writing and otherwise complies with the terms of this Contract.

11.6. The failure by the Contractor to strictly comply with any of the obligations contained in this clause 11 shall not invalidate any claim for a Variation, but may entitle the Client (subject to the Limitation Cap) to damages.

11.7. Regardless of whether the Client agrees to a Variation, the Contractor shall nevertheless be entitled to payment for any Variation which is necessary because of circumstances that could not have been reasonably foreseen by the Contractor when the Contract was entered into such as, by way of example only and without limitation, a Latent Condition, an existing electrical installation being other than the Contractor ought reasonably have expected (for example but without limitation, the existing electrical installation being not in adequate condition and/or not complying with minimum current regulations) or a requirement of a local or other authority or utility.

12. Time

12.1. The Contractor must, unless entitled to an extension of time pursuant to this clause 12, commence carrying out the Works on the Commencement Date, and complete the Works on or before the Date for Practical Completion.

12.2. Despite any other clause of the Contract, the Client shall have no entitlement to claim general or liquidated damages from the Contractor in the event that the Contractor fails to comply with its obligations pursuant to clause 12.1, of this Contract.

12.3. The Contractor shall be entitled to an extension of time for commencing or carrying out the Works (including reaching Practical Completion) if the Contractor is or will be delayed in commencing, undertaking or completing the Works by the Date for Practical Completion due to a Qualifying Cause of Delay.

12.4. The Client irrevocably appoints the Contractor as the Client’s attorney for the purposes of approving claims for extensions of time in accordance with section 42(1)(d) of Schedule 1B to the QBCC Act and the parties agree that the Contractor may execute any documents relating to any extension of time in the name of the Client and the Client agrees that the Contractor may do so even if the Client disputes the Contractor’s entitlement to an extension of time for any particular delay.

12.5. A Qualifying Cause of Delay means:

(a) any act, default or omission of the Client, its consultants, agents or other contractors (not being employed by the Contractor);

(b) any change to the Plans and Specifications;

(c) any delay in obtaining any Approval;

(d) a suspension of the Works in accordance with clause 5.10 of the Contract;

(e) a suspension of the Works pursuant to clause 6.2 of this Contract;

(f) a suspension of the Works pursuant to clause 10.5 of this Contract;

(g) Abnormal Site Conditions;

(h) a Variation;

(i) a suspension of the Works pursuant to clause 11.4 of this Contract;

(j) a suspension of the Works pursuant to clause 17.3(a)(i) of this Contract;

(k) inclement weather, regardless of whether it occurs prior to or after the Date for Practical Completion;

(l) changes to any Laws or Approvals;

(m) industrial conditions;

(n) actions taken or failed to be taken by a municipal, statutory or public authority or utility;

(o) any other matter outside of the immediate control of the Contractor; and

(p) any right to claim an extension of time otherwise provided in this Contract.

12.6. The failure by the Contractor to strictly comply with any of the obligations contained in this clause 12 shall not invalidate any claim for an extension of time, but may entitle the Client (subject to the Limitation Cap) to damages.

13. Insurance

13.1. The Contractor must, at its cost, have in place during the course of the contract all insurances required under the Workers’ Compensation and Rehabilitation Act 2003 and the QBCC Act and contract works insurance for the full insurable value of the Works together with public liability
insurance for not less than $5,000,000 per claim.

13.2. If the Queensland Home Warranty Scheme applies to the Works, the Client must pay the Contractor the premium for insurance under that scheme and the Contractor must as soon as reasonably practicable thereafter and in any event, before commencing the Works, pay it to the Queensland Building and Construction Commission (QBCC).

13.3. The Client must, at its cost, have in place during the course of the Contract comprehensive insurance for the value of any building in which the Works or any part thereof are to be carried out (including public liability cover of at least $5,000,000 per claim) and must upon request of the Contractor provide evidence of such insurance to the Contractor when requested.

14. Title to Materials and equipment

14.1. Subject to clause 14.4, the Client has no right or interest in any materials or equipment brought onto the Site by the Contractor or any agent or supplier thereof (Materials) and shall not be entitled to claim any lien over or Security Interest in any such Materials nor deliver any of it to any third party or otherwise deal with such Materials except with the written authority of the Contractor.

14.2. In the event the Client is in possession of any Materials it shall hold the Materials as bailee for the Contractor and owe the duties and liabilities of a bailee to the Contractor.

14.3. To the extent any action or transaction under this Contract creates or the Contractor claims a Security Interest over any Materials or other property whether of the Contractor or another person on the Site or elsewhere pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA), except to the extent prohibited by Law the Client shall do anything requested of it by the Contractor to enable the Contractor to register such interest, will provide all reasonable assistance to enable such registration and to ensure the Contractor’s Security Interest is perfected and otherwise enforceable under the PPSA, with first priority (where possible). The Client agrees that if Chapter 4 of the PPSA applies to the enforcement of any such Security Interest, to the maximum extent permitted by law, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3), 132(4), 134(1), 135, 142 and 143 of the PPSA, will not apply to the enforcement of that Security Interest and the Client waives its right to receive any notice under the PPSA so far as is permitted at law.

14.4. Title in the Materials will only pass to the Client after all moneys payable or which might become payable under this Contract to the Contractor have been paid in full.

15. Dispute resolution

15.1. If a difference or dispute between the parties arises in connection with the subject matter of the Contract (Dispute), then either party may give the other a written notice of dispute adequately identifying and providing details of the Dispute.

15.2. Notwithstanding the existence of a Dispute, the parties shall continue to perform the Contract subject to any express right the Contractor might have under the Contract to suspend the Works or terminate this Contract.

15.3. Within 10 Business Days after receiving a notice of Dispute, the parties shall meet at least once to resolve the Dispute. At this meeting each party shall be represented by a person having authority to agree to such resolution. All aspects of every such conference except the fact of occurrence shall be privileged.

15.4. If the Dispute is not resolved by the parties, either party may commence proceedings for the resolution of the dispute.

15.5. Nothing in this clause shall prevent a party from commencing proceedings to enforce a right to payment or to obtain urgent relief, injunctive relief or declaratory relief.

16. Notices

16.1. Any notice, demand, consent or other communication to be given under this Contract must be given in writing to the recipient at the address listed in the Schedule.
16.2. Any notice, demand, consent or other communication to be given under this Contract shall be deemed duly given if given in writing and if:

(a) delivered by hand, when left at the address of the party;

(b) sent by pre-paid post, on the 5th day following the date of postage;

(c) given by facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the recipient’s facsimile number, unless the recipient informs the sender that the transmission is illegible or incomplete within four (4) hours of it being transmitted; and

(d) sent by email, at the time shown in the delivery confirmation report generated by the sender’s email system (unless an answerback code is received by the sender which indicates the email transmission has not been successful). Notices of termination or default given under this Contract must not be sent by email.

17. Default and termination

17.1. If either party commits a breach of this Contract, the party not in breach may give the breaching party a notice requiring it to rectify the breach. Such notice must specify:

(a) details of the breach; and

(b) a time by which the breach must be rectified (this time must be at least five (5) Business
Days after the date of the notice).

17.2. For the purposes of clause17.1, the failure by the Client to pay an amount to the Contractor by the due date for payment shall amount to substantial breach of the Contract.

17.3. If the breach is not rectified within the time specified in the notice, the party not in breach may:

(a) if the party who is not in breach is the Contractor, by written notice to the Client:

(i) suspend the carrying out of the Works; or

(ii) terminate this Contract;

(b) if the party who is not in breach is the Client, by written notice to the Contractor, terminate this Contract.

17.4. Either party may immediately terminate this Contract by notice to the other party if a party becomes subject to an Insolvency Event. (NB: A party seeking to do so should seek legal advice including in relation to the “safe harbour provisions” of the Corporations Act).

17.5. The Contractor may terminate this Contract by notice in writing, being immediately effective, where the Client or the Client’s agents or contractors commits any serious or persistent breach of any of the provisions of this Contract.

17.6. If this Contract is terminated under this clause the Contractor may, after ceasing the Works, submit a progress claim showing the value of all Works supplied up to the date of termination and the cost of all Works (including all Materials) ordered for the performance of its obligations under this Contract, to the extent the Contractor cannot cancel such orders.

18. General provisions

18.1. This Contract is governed by and shall be construed in accordance with the laws of Queensland and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland sitting Brisbane or such other place as nominated in writing by the Contractor.

18.2. Should any provision of this Contract prove to be prohibited or unenforceable in any jurisdiction then, in that jurisdiction it shall be ineffective to the extent only as to such prohibition or unenforceability without invalidating the remaining provisions of the Contract or affecting the validity or enforceability of such provisions in any other jurisdiction;

18.3. The Client shall not assign its interests in this Contract;

18.4. No act, omission or delay by a party will constitute a waiver of a right under this Contract;

18.5. This Contract is binding upon and shall enure to the benefit of the parties and their respective successors and permitted assigns;

18.6. This Contract may only be varied by agreement in writing or by way of a Variation on the terms provided herein;

18.7. Where the Client is not a resident owner for the purposes of section 43 of schedule 1B to the QBCC Act, the Client charges all of its property (including property acquired after the execution of this Contract) with the due and punctual payment of all amounts owed, or which may become owing, to the Contractor pursuant to the terms of this Contract.

18.8. In support of the charge referred to in clause 18.7 of this Contract, the Client agrees that the Contractor may lodge a consent caveat over the Site and the Client agrees that the Contractor may execute any and all documents as the attorney of the Client for the purposes of lodging any documents relating to such a caveat.

18.9. Each party represents and warrants to the other that it has entered into this Contract voluntarily relying upon their own information, investigation and legal and financial advice and that they are not relying on any statement or representation made by the other party or any person representing or purporting to represent the other party.

18.10. Under no circumstances shall:

(a) The Contractor be liable to the Client for Consequential Loss; and

(b) The Contractor’s maximum and overall liability to the Client shall never exceed the
Limitation Cap.

19. Definitions and interpretation

19.1. Unless the context requires otherwise, words and expressions used in this Contract have the following meaning:

Abnormal Site Conditions means any Latent Condition or physical conditions on or about the Site (including the physical condition or performance of any existing electrical installation or other part of the built environment such as structures or improvements on the Site) and its near surrounds, including artificial things but excluding weather conditions, which differ materially from the physical conditions which should reasonably have been anticipated by a competent contractor as at the time the quotation was given or when the Contractor priced the Works and specifically includes existing electrical installations which are encountered in the course of the carrying out of the Works (or prior thereto) which are not in an adequate condition and/or do not comply with minimum current regulations, codes or standards, necessitating work to ensure the necessary parts of the existing installation do comply with current regulations, codes and standards, being work beyond that which was allowed for in the quotation and when the Contractor priced the Works and which ought reasonably to have been anticipated by the Contractor; also including the preparation of the Site so that it is ready and in a suitable condition for the Works to be undertaken; and further including access conditions which are encountered in the course of the carrying out of the Works which substantially increase the time and/or costs involved in installation at the Site or which otherwise impedes or delays the carrying out of the Works or any part thereof including but not limited to restricted space or obstruction;

Additional Charge Rates means the rates set out at Item 9 of the Schedule;

Approval has the meaning given to that term in clause 5.6 of these General Terms;

Business Day means a day that is not a Saturday, Sunday or public holiday at the address of the Contractor nor 22 to 24 December, 27 to 31 December or 2 to 10 January;

Commencement Date means the date set out at Item 18 of the Schedule as may be adjusted in accordance with clause 12 or otherwise under this Contract;

Consequential Loss means any special or indirect loss or damage and any loss of profits, loss of production, loss of revenue, loss of use, loss of contract, loss of goodwill, loss of opportunity or wasted overheads whatsoever, whether direct or indirect;

Contract means the agreement between the Contractor and Client pursuant to which the Contractor shall effect the Works in accordance with these General Terms and the Schedule together with any plans, drawings or specifications attached to the Schedule;

Contract Estimated Price means the estimated cost of the Works provided by the Contractor to the Client (if any);

Contract Fixed Price Component means, where a Quote has been given, the amount set out at Item 4 of the Schedule;

Contract Price means:

(i) Where a Quote has been given for the Works by the Contractor to the Client, the amount calculated in accordance with Clause 3.1, as adjusted pursuant to this Contract; and

(ii) Where a Quote has not been given for the Works by the Contractor to the Client, the amount calculated in accordance with Clause 3.2, as adjusted pursuant to this Contract. 

exclusive of GST;

Contractor’s Margin on Prime Cost Items means the amount calculated in accordance with Item 8 of the Schedule;

Date for Practical Completion means the date on which the Works are complete apart from minor omissions or minor defects as may be set out at Item 19 of the Schedule, as may be varied in accordance with clause 12 or otherwise under this Contract;

Deposit means the amount set out at Item 10 of the Schedule;

Dispute has the meaning given to that term in clause 15.1 of these General terms;

Exclusions means any work or Materials set out at Item 15 of the Schedule;

GST means any tax imposed by or through the GST Legislation on supply (without regard to any input tax credit);

GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 and any related tax imposing Act;

Insolvency Event means in the case of a corporation, being under administration, official management or in provisional liquidation or liquidation on the grounds of its insolvency or being subject to an application for the corporation to be wound up which is not dismissed within 10 Business Days of having been filed or the subject of anything analogous to or having similar effect under the law of the relevant jurisdiction and in the case of an individual, it means being an insolvent under administration;

Latent Condition means physical conditions on or about the Site (including the physical condition or performance of any existing works, electrical installations, structures or improvements on the Site) and its near surrounds, including artificial things but excluding weather conditions, which differ materially from the physical conditions which should reasonably have been anticipated by a competent contractor as at the Commencement Date if the Contractor had inspected:

(i) the Site and its near surrounds; and

(ii) all information which the Contractor had about the matters in the previous paragraph.

Law means each Commonwealth or Queensland law or regulation;

Limitation Cap means 5% of the Contract Sum;

Materials has the meaning given to that term in clause 14.1 of these General Terms;

PPSA means the Personal Property Securities Act 2009;

Plans and Specifications mean those documents set out in Item 14 of the Schedule;

Prime Cost Items means the items intended to be included in the Works set out at Item 5 of the Schedule;

Progress Claims means the claims which can be made by the Contractor for payment by the Client for specified percentages of the Works which have been completed but not paid for at the time the claim is made as set out at Item 16 of the Schedule;

Project means the general description of the nature of the Works to be carried out under this Contract set out at Item 12 of the Schedule;

Provisional Sum Allowance means the amount set out at Item 6 of the Schedule

QBCC Act means the Queensland Building and Construction Commission Act 1991 (Qld);

Qualifying Cause of Delay has the meaning given to that term in clause 12.5 of these
General Terms;

Quote or quotation means the Contract Fixed Price Component (as distinct from a
Contract Estimated Price);

Relevant Criteria for Materials means:

(a) generally accepted practices or standards applied in the building industry for the Materials; or

(b) specifications, instructions or recommendations of manufacturers or suppliers of the Materials;

Schedule means the Quotation and Schedule to Contract for Domestic Electrical Works pertaining to the Works;

Security Interest has the same meaning given to that term under the Personal Property Securities Act 2009;

Site or Site Address means the Street address set out at Item 11 of the Schedule;

Total Contract Price inclusive of GST means the amount set out at Item 2 of the Schedule;

Total of Progress Claims means the total of all Progress Claims plus the Deposit;

Variation means a change to the scope of Works being an addition, substitution or omission from the original scope of Works; the time within which the Works are to be effected; and/or the price of the Works;

Variation Notice has the meaning given to it in clause 11 of these General Terms;

Works means all work including labour and Materials required in order to complete the electrical works referred to in this Contract but does not include any Exclusion.

General Conditions – Contract for Electrical Services (Commercial & Industrial)

1. General 

You engage us to complete the Works in accordance with the terms of this Contract for the Contract  Sum. 

2. Existing Electrical Services 

2.1. You warrant to us that any existing electrical services or plant or equipment on the Site or affecting the  Site are in good order and comply with all applicable standards, codes and lawful requirements and  You indemnify us against any loss or damage we, You or any third party suffers as a consequence of  any existing electrical services or plant or equipment on the Site not being in good order and/or not  complying with all applicable standards, codes and lawful requirements. Further, You acknowledge  that notwithstanding anything in this Contract, unless specifically stated to the contrary in any special  conditions or the Quote, we shall not be liable to ensure any existing services or equipment on the  Site complies with current requirements or standards prior to or after completion of the Works. We will  take reasonable care not to interfere with or damage any services, but the reinstatement of any  services cut or damaged by us during the course of the Works, which was not specifically referred to  in the Quote, is not included in the Contract Sum. 

2.2. If there is any upgrading or renewal of existing electrical installations required in order to undertake  the Works (for any reason) which could not have been reasonably foreseen by us at the time of  submitting the Quote, then we may give You notice of same and advise You in writing of the estimated  cost (including all time related costs, if any) of dealing with same and the effect on the Date for  Completion. The Contract Sum and the Date for Completion will be adjusted to reflect the additional  cost and time of any additional works required in accordance with this clause. If You dispute our  assessment of the effect of this additional work on the Contract Sum or the Date for Completion,  either party may refer the issue for determination as a Dispute pursuant to clause 14. 

2.3. Notwithstanding anything else in this Contract, we shall not be obligated to undertake any work which  is not within our licence and shall not be responsible for any costs, direct or indirect or consequential,  of any such work or of the need for it.

3. Access to the Site 

3.1. You must allow us such access to the Site as We (in our opinion) require for the purpose of: 

(a) Establishing what is required to affect the Works and prepare the Site prior to the Date for  Commencement; and 

(b) Carrying out of the Works. 

3.2. If we require access to, or over, any land (other than the Site) for the purposes of carrying out the Works, then You shall be responsible for obtaining such access. 

3.3. The Contract Sum is based on all Works being carried out in our ordinary business hours and no  allowance has been made for out-off-hours work and is based on a continuous and linear works  program and if circumstances beyond our immediate control cause (in our opinion) the Works to be  delayed or cause (in our opinion) our access to the Site to be (in our opinion) inhibited, we may, by  written notice to You, suspend the carrying out of our obligations under this Contract.

4. Subcontracting 

4.1. We may subcontract the performance of any part of the Works. 

5. Abnormal Site Conditions 

5.1. The Contract Sum does not include any allowance for dealing with Abnormal Site Conditions.  

5.2. In the event of Abnormal Site Conditions, we may give You notice of the Abnormal Site Conditions and advise You in writing of the cost (including all time related costs, if any) involved in the affecting  the Works and any additional time required to effect the Works given the Abnormal Site Conditions,  and the effect on the Date for Completion. The Contract Sum and the Date for Completion will be  adjusted to reflect the additional cost and time arising out of any Abnormal Site Conditions determined  in accordance with this clause. 

5.3. If You dispute our assessment of the effect of the Abnormal Site Conditions on the Contract Sum or  the Date for Completion, either party may refer the issue for determination as a Dispute pursuant to  clause 14. 

5.4. Regardless of whether You agree to a Variation, we shall nevertheless be entitled to vary the Works  and to payment for any such Variation which is necessary because of any buildability issue, safety  issue, required by Law or any government authority or the like, or circumstances that could not have  been reasonably foreseen by us when the Contract was entered into such as, by way of example only  and without limitation, a Latent Condition, an existing electrical installation being other than we ought  reasonably have expected (for example but without limitation, the existing electrical installation being  not in adequate condition and/or not complying with minimum current regulations) or a requirement of  a local or other authority or utility. 

6. Variation to the Works 

6.1. We shall not vary the Works except when directed in writing by You or in accordance with clause 5.4. 

6.2. You may, at any time, direct a Variation to the Works by written notice to us to carry out additional  work. Within ten (10) Business Days of receiving notice of a Variation, we may advise You in writing  of the cost (including all time related costs, if any) of carrying out the Variation, and the effect on the  Date for Completion. The Contract Sum will be adjusted to reflect the additional cost of any Variation  determined in accordance with this clause and the Date for Completion shall be extended to reflect  the effect of the Variation on the time it takes us complete the Works. 

6.3. If You dispute our assessment of the effect of the Variation on the Contract Sum or the Date for  Completion, either party may refer the issue for determination as a Dispute pursuant to clause 14. 

7. Warranties and obligations of the parties 

7.1. You warrant to us that You will, at Your cost and expense: 

(a) Arrange for the removal of or any dealing with any asbestos or other hazardous material on the  Site; 

(b) Conduct any survey of the Works necessary to establish that the Works have been completed in  accordance with the Contract; 

(c) Pay any security or deposit payable with respect to the Works (for example, any payment  required to be made to any local authority or utility); 

(d) Arrange or separately engage us at additional cost, to connect and/or reinstate as necessary any  Unidentified Services which were interfered with or interrupted in the course of effecting the  Works; 

(e) Provide us with all the reasonably necessary documentation as required to carry out the Works; (f) Provide us with access to the Site and parking for any vehicles required by us to be at the Site or  for the purpose of moving goods and equipment to and from the Site; and

(g) Promptly notify us if You become aware of any occurrence or incident which will have a material  impact on our performance of our obligations under this Contract. 

7.2. You must comply with Your obligations at Law relating to occupational health and safety and to our  reasonable satisfaction. 

7.3. To the extent required by Law, the Contractor warrants that: 

(a) The Works will be carried out in an appropriate and skilful way and with reasonable care and skill  and reasonable diligence; 

(b) All materials supplied will be of good quality and suitable for the purpose for which they are used,  and that all materials used will be new unless this Contract expressly provides otherwise; and (c) The Works will be carried out in accordance with all Laws. 

Each party acknowledges that the other has entered into this Contract in reliance on the  representations and warranties that they have made to the other party in this Contract.  

8. Time 

8.1. We must use all reasonable endeavours, subject to any other provision in this Contract, to complete  the Works on or before the Date for Completion. 

8.2. We may provide written notice to You if we are likely to be delayed in carrying out the Works or have  been delayed and we may provide such notice at any time including after Completion. 

8.3. You will grant us an extension of time for carrying out the Works (including reaching Completion) for  such period as is reasonable, if: 

(a) We are or will be delayed in completing the Works due to a Qualifying Cause of Delay; and 

(b) We give You a written claim for an extension of time (whether before or after Completion). 

8.4. Upon receiving a claim in accordance with clause 8.3(b) from us, You shall assess the claim for an  extension of time and provide notice to us of its assessment within five (5) Business Days. 

8.5. If You not comply with clause 8.4, we shall be entitled to the full extension of time set out in the claim  which was delivered in accordance with clause 8.3(b). In the event we do not accept Your assessment with respect to the claim for an extension of time, we may, within ten (10) Business Days,  refer this matter for determination as a Dispute pursuant to clause 14. 

8.6. For the sake of clarity, if we are delayed in carrying out the Works by a Qualifying Cause of Delay, we  are entitled to make a claim for delay, acceleration or disruption costs whether or not an extension of  time is granted under this Contract and may do so at any time, including after Completion. The failure  by us to strictly comply with any of the obligations contained in this clause 8 shall not invalidate any  claim for a Variation. 

9. Suspension 

9.1. We may suspend the performance of the Works if You are in breach of the Contract and if You have not remedied the breach despite service of a notice pursuant to clause 13.1 by us upon You or when  the performance of the Works is or may, in our reasonable opinion, be delayed because of any  epidemic, pandemic or dealing with the impact of, or the potential impact of, any outbreak of disease,  illness, epidemic or pandemic or any government regulation or order in relation to such a matter.  

9.2. Any costs or expenses incurred by us as a result of a suspension of the performance of the Works  under this clause 9 or of its being required to comply with this clause 9 (in general) shall be added to  the Contract Sum. 

9.3. In the case of a suspension of the Works initiated by us pursuant to clause 9.1, We may, when the  cause of the suspension no longer exists, give You notice of that fact and we must then recommence  the carrying out of the Works as soon as reasonably practicable after giving the notice.

10. Completion of the Works 

10.1. When We consider that the Works have reached Completion, We will notify You that in our opinion  the Works have reached Completion, and a joint inspection of the Works will be carried out by You and us. 

11. Prices and payment 

11.1. You must pay us the Contract Sum calculated and adjusted as provided by the Contract, as follows: 

(a) pay the Deposit (if any) upon acceptance of the Quote; 

(b) pay each progress claim (if the Quote provides for progress payments or Stage Payments)  within 5 business days of receiving a Valid Tax Invoice for each claim. Where progress claims  or claims for Stage Payments are made, each claim shall be calculated in accordance with any  provisions relating to progress claims or Stage Payment (as the case may be) in the Quote,  adjusted in accordance with this Contract; andpay our claim for payment upon Completion  within 5 business days of receiving a Valid Tax Invoice when the Works have reached  Completion. 

11.2. You will, without set-off or deduction, pay us the amount set out in the relevant Valid Tax Invoice by  the Payment Time. 

11.3. If the Payment Time has passed, and the amount set out in a Valid Tax Invoice, or part thereof,  remains unpaid (the Overdue Amount) THEN for the period for which the Overdue Amount is still  unpaid after the Payment Time, You are also required to pay to us interest on the Overdue Amount at  the rate of five percent (5%) per annum, calculated on monthly rests and at our election, capitalised  at the end of each month, for each day the amount is unpaid. 

11.4. Payment of a Valid Tax Invoice or any part thereof, will constitute acceptance by You that all of the  Works which are referred to in the Valid Tax Invoice have been completed strictly in accordance with  the terms of this Contract. 

11.5. You shall not be entitled to set-off against any amount due and owing to us any moneys due or which  may become due from us to You, either pursuant to this Contract or otherwise. 

11.6. In the event that We, in carrying out any part of the Works, carry out work for which we are required  to hold a particular type of licence and we do not hold that type of licence or any part of the Works is  beyond the scope of our licence (Additional Work), the parties agree that the value of the Additional  Work is Nil and that the entire Contract Sum relates solely to those parts of the Works for which We  are licensed (where a licence is required) or for which we do not require a licence. 

11.7. The Contract Sum does not include any cost of metering or connection charges, all of which are  payable by You unless specifically stated as being included in the Contract Sum, in the Quote. 

12. Taxes 

12.1. If any supply made under this Contract is, or becomes, subject to GST, the party to whom the supply  is made (Recipient) must pay to the party making the supply (Provider), as consideration, in  addition to any consideration payable or to be provided elsewhere in this Contract, subject to issuing  a Valid Tax Invoice, an additional amount on account of GST, such amount to be calculated by  multiplying the consideration by the applicable rate of GST. 

12.2. Any amount in respect of GST payable must be paid by the Recipient to the Provider at the same  time as the consideration to which it relates is paid. 

13. Default and termination

13.1. If a party commits a breach of this Contract, the party not in breach may give the breaching party a  notice requiring it to rectify the breach. Such notice must specify: 

(a) Details of the breach; and  

(b) A time by which the breach must be rectified (subject to clause 13.2, this time must be at least  ten (10) Business Days after the date of the notice). 

13.2. For the purposes of clause 13.1, the failure by You to pay an amount to us by the due date for  payment shall amount to a substantial breach of the Contract and if We give you a notice in relation  to that breach pursuant to clause 13.1, the time by which the breach must be rectified will be (5)  Business Days after the date of the notice and if payment is not received within that time, the amount  so due shall be a debt owing to us by You and in the event We institute court proceedings to recover  that debt, You shall not defend those proceedings or enter any defence or make any counter-claim  therein. 

13.3. If the breach is not rectified within the time specified in the notice, the party not in breach may (in  addition to any other right given under this Contract) terminate this Contract, by notice to the other  party. 

13.4. Either party may immediately terminate this Contract by notice to the other party if a party becomes  subject to an Insolvency Event. 

13.5. If the Contract is terminated pursuant to this clause 13, the rights of the parties shall be the same as  if the party in breach had repudiated the contract and the party which is not in breach had elected to  terminate the Contract. 

13.6. Without limiting the above, the provisions relating to indemnity and governing law and jurisdiction  survive termination of this Contract until each of those obligations have been completely discharged. 

13.7. Notwithstanding anything else in this Contract, at Law or in equity, under no circumstances shall We  be liable for Consequential Loss and, our maximum and overall liability to You will never exceed the  Limitation Cap. 

14. Dispute Resolution 

14.1. If a difference or dispute (together called a Dispute) between the parties arises in connection with the  subject matter of the Contract, including a dispute concerning a direction from You or a claim  available under the law governing the Contract, then either party may give the other a written notice  of dispute adequately identifying and providing details of the Dispute. 

14.2. Notwithstanding the existence of a Dispute, the parties shall continue to perform the Contract. 

14.3. Within five (5) Business Days after receiving a notice of dispute, the parties shall meet at least once  to resolve the Dispute. At this meeting each party shall be represented by a person having authority  to agree to such resolution. All aspects of every such conference except the fact of occurrence shall  be privileged. 

14.4. If the Dispute is not resolved by the parties, either party may commence proceedings for the  resolution of the Dispute. 

14.5. Nothing in this clause shall prevent a party from commencing proceedings to enforce a right to  payment or to obtain urgent relief, injunctive relief, or declaratory relief. 

15. Notices 

15.1. Any notice, demand, consent or other communication to be given under this Contract must be given  in writing to the recipient at the Address listed in Contract Documents. 

(a) Any notice, demand, consent or other communication to be given under this Contract shall be  deemed duly given if given in writing and: 

(b) If delivered by hand, when left at the address of the party; 

(c) If sent by pre-paid post, on the 5th day following the date of postage; 

(d) If given by facsimile, on production of a transmission report by the machine from which the  facsimile was sent which indicates that the facsimile was sent in its entirety to the recipient’s  facsimile number, unless the recipient informs the sender that the transmission is illegible or  incomplete within four (4) hours of it being transmitted; and 

(e) if sent by email, at the time shown in the delivery confirmation report generated by the  sender’s email system (unless an answerback code is received by the sender which indicates  the email transmission has not been successful). Notices of dispute, termination or default  given under this Contract must not be sent by email. 

16. Title to Materials and equipment 

16.1. You have no right or interest in any materials or equipment brought onto the site by us or any agent  or supplier of ours (Materials) and shall not be entitled to claim any lien over or security interest in  any such Materials nor deliver any of it to any third party or otherwise deal with such Materials except  with our written authority. 

16.2. In the event that You are in possession of any Materials You shall hold the Materials as bailee for us  and owe the duties and liabilities of a bailee to us. 

16.3. To the extent any action or transaction under this Contract creates or we claim a Security Interest  over any Materials or other property whether of ours or another person on the Site or elsewhere  pursuant to the Personal Property Securities Act 2009 (Cth) (PPSA), except to the extent prohibited  by Law, You shall do anything requested of You by us to enable us to register such interest, will  provide all reasonable assistance to enable such registration and to ensure our Security Interest is  perfected and otherwise enforceable under the PPSA, with first priority (where possible). You agree  that if Chapter 4 of the PPSA applies to the enforcement of any such Security Interest, to the  maximum extent permitted by law, sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129,  130, 132(3), 132(4), 134(1), 135, 142 and 143 of the PPSA, will not apply to the enforcement of that  Security Interest and You waive Your right to receive any notice under the PPSA so far as is  permitted at law.  

16.4. Title in the Materials will only pass to You after all moneys payable or which might become payable  under this Contract to us have been paid in full. 

16.5. In support of the Contractor’s rights under this Contract, You hereby charge all Your real and  personal property with any amounts which are or may become owing to the Contractor under this  Contract from time to time and shall sign any security or related documents requested by the  Contractor to give effect to the charge hereby created and appoint the Contractor as Your attorney to  sign any documents for that purpose or a related purpose, such as registration of a charger other  encumbrance on or over your real or personal property if You fail to do so within a reasonable time. 

17. Guarantor – Guarantee and Indemnity 

17.1. The Guarantor guarantees the performance of Your obligations under this Contract and indemnifies  us against any loss or damage we might suffer as a consequence of You failing to perform any of  Your obligations and/or discharge any of Your liabilities under this Contract. 

17.2. In support of the Contractor’s rights under this Contract, the Guarantor hereby charges all the  Guarantor’s real and personal property with any amounts which are or may become owing to the  Contractor under this Contract by the Guarantor or You/the Client from time to time and shall sign  any security or related documents requested by the Contractor to give effect to the charge hereby  created and appoint the Contractor as the Guarantor’s attorney to sign any documents for that  purpose or a related purpose, such as registration of a charger other encumbrance on or over the  Guarantor’s real or personal property if the Guarantor fails to do so within a reasonable time.

18. Severability 

18.1. If any provision in this Contract is voidable or unenforceable that provision will be severed and the  rest of the Contract will remain in full force and effect 

19. Definitions and Interpretation 

19.1. In this Contract, unless the context otherwise requires, the below terms will have the following  meanings: 

Abnormal Site Conditions means any Latent Condition or any physical conditions on or about the  Site (including the physical condition or performance of any existing electrical installation or other part  of the built environment such as structures or improvements on the Site) and its near surrounds,  including wet weather or inclement conditions preventing us from executing the Works as we had  programmed for more than 4 continuous hours on each occasion, and artificial things which differ  materially from the physical conditions which should reasonably have been anticipated by a  competent contractor as at the Date for Commencement and specifically includes existing electrical  installations which are encountered in the course of the carrying out of the Works (or prior thereto)  which are not in an adequate condition and/or do not comply with minimum current regulations,  codes or standards, necessitating work to ensure the necessary parts of the existing installation do  comply with current regulations, codes and standards, being work beyond that which was allowed for  in the Quote and when we priced the Works and which ought reasonably to have been anticipated by  us; also including the preparation of the Site so that it is ready and in a suitable condition for the  Works to be undertaken; and further including access conditions which are encountered in the course  of the carrying out of the Works which substantially increase the time and/or costs involved in  installation at the Site or which otherwise impedes or delays construction of the Works or any part  thereof including but not limited to restricted space or obstruction.  

Business Days means those days which are not Saturdays, Sundays, Public Holidays in the Place  where the Works are to be undertaken and 22 December through to and including 10 January in  each year. 

Completion means that stage in the execution of the Works when: 

  • the Works comply with the requirements of this Contract except for minor omissions and minor  defects;  
  • the Works are available for immediate use;  
  • all of the inspections and tests required under this Contract have been satisfactorily completed;  all required manufacturers’ and subcontractors’ warranties have been provided to You; and all relevant authorisations have been received by us from the relevant authorities and/or You, as  the case may be; and  
  • all surplus materials, plant and equipment have been removed from the Site. 

Contract means this contract, and which is comprised of the Contract Documents. 

Contract Documents includes the Quote, the Formal Instrument of Agreement (if one has been given  to You), and these General Conditions. 

Contract Sum means the amount specified in the Quote or which can be calculated by reference to  the Quote, for example but without limitation, by reference to a Schedule of Rates in the Schedule (if  any), as adjusted in accordance with this Contract. 

Consequential Loss Means any special or indirect loss or damage and any loss or profits, loss or  production, loss or revenue, loss of use, loss of contract, loss of goodwill, loss of opportunity or  wasted overheads, whatsoever, whether direct or indirect. 

Date for Commencement means the date advised by us to You to be the date upon which the  Works will commence.

Date for Completion means the date advised by us to You to be the date upon which the Works will  be completed. 

Deposit means the deposit amount specified in the Quote (if any). 

GST has the same meaning as in the GST Law. 

GST Law has the same meaning as ‘GST law’ in A New Tax System (Goods and Services Tax) Act  1999 (Cth). 

Guarantor means the person or entity named in the if any, and/or any person who has  communicated in writing (including via electronic means such as email or text message) to us their  intention to guarantee the performance of Your obligations under this Contract. 

Health Emergency means a public health emergency within the meaning of section 315 of the  Public Health Act 2005 (QLD) and equivalent or analogous provisions in other jurisdictions and/or  any similar emergency or state of affairs declared or existing whether in the jurisdiction applicable to  this Contract or elsewhere, including overseas, which impacts on our ability to perform the Works  including but not limited to, the time within which the Works can be performed or the manner in which  We are required to perform the Works. 

Insolvency Event means, in the case of a body corporate, any of the following: 

  • An administrator of the body corporate being appointed under the Corporations Act; The body corporate or a subsidiary executing a deed of company arrangement otherwise than for  the purpose of an amalgamation or reconstruction;  
  • The entry by the body corporate into a scheme of arrangement or a composition with, or  assignment for the benefit of, all or any class of its creditors, or a moratorium involving any of them,  otherwise than for the purpose of an amalgamation or reconstruction; 
  • The body corporate being insolvent within the meaning of section 95A(2) of the Corporations Act;  The appointment of a receiver or receiver and manager in respect of the body corporate or any part  of its property; 
  • The making of a winding up order, or the passing of, or attempted passing of, a resolution for  winding up, except for the purposes of reconstruction or amalgamation; 
  • An application being made (which is not dismissed within ten (10) Business Days) for an order, a  resolution being passed or proposed, a meeting being convened or any other action being taken to  cause anything described above, other than for the purposes of an amalgamation or reconstruction;  or 
  • Anything analogous to or of a similar effect to anything described above under the law of any  relevant jurisdiction; and 
  • In the case of You, the appointment of a small business restructuring practitioner under the  Corporations Act. 
  • In the case of a person other than a body corporate, it means any of the following: The bankruptcy of the person concerned;  
  • The appointment of an official manager in respect of all or any part of the property of the person  concerned; 
  • The entry by the person concerned into a scheme of arrangement or a composition with, or  assignment for the benefit of, all or any class of its creditors, or a moratorium involving any of them; The person concerned being or stating that he or she is unable to pay his or her debts as and when  they fall due; 
  • An application being made (which is not dismissed within ten (10) Business Days) for an order, a  resolution being passed or proposed, a meeting being convened or any other action being taken to  cause anything described above; or 
  • Anything analogous to or of a similar effect to anything described above under the law of any  relevant jurisdiction. 

Latent Condition means physical conditions on or about the Site (including the physical condition or  performance of any existing works, electrical installations, structures or improvements on the Site)  and its near surrounds, including artificial things but excluding weather conditions, which differ materially from the physical conditions which should reasonably have been anticipated by a  competent Contractor as at the Date for Commencement if we had inspected: 

  • the Site and its near surrounds; and 
  • all information which we had about the matters in the previous paragraph. 

Limitation Cap means 5% of the Contract Sum. 

Payment Time in relation to a Valid Tax Invoice means five (5) Business Days after receipt. Qualifying Cause of Delay means: 

  • any act, default or omission of You, Your consultants, agents or other contractors (not being  employed by You); 
  • a failure of You to provide access in accordance with clause 3.1; 
  • a suspension of the carrying out of the Works in accordance with clause 3.2; a Variation; 
  • a change in law; 
  • an industrial dispute; 
  • Abnormal Site Conditions; 
  • a suspension of the Works directed pursuant to clause 9.1; 
  • a Health Emergency, a declared epidemic or pandemic in the place where the Works are to be  effected or where We operate our business and any other outbreak of disease, illness, epidemic or  pandemic or any government regulation or order in relation to such a matter which adversely affects  our ability to undertake the Works including by causing or contributing to any delay or which  threatens to do so; or 
  • wet or inclement weather which delays us in the execution of the Works for more than 4 continuous  hours per occasion; and 
  • any matter outside of our immediate control. 

Quote means the quotation referred to in the Instrument of Agreement or which is attached to these  conditions or which incorporates these conditions. 

Schedule of Rates means the schedule of rates for charges incurred by You upon performance of  the Works by the Contractor, calculated as set out in the Quote. 

Scope of Work means the scope of work to be carried out by us set out in (or attached to) the  Quote. 

Security Interest has the meaning given to that term in the Personal Property Securities Act 2009 (Cth). 

Site means the area nominated by You for the carrying out of the Works. 

Stage Payment means a schedule instalment of the Contract Sum payable upon completion of a  specified stage of construction of the Works or on a specified date (not necessarily of a regular or equal  amount but as may, for example, be provided in the Quote. 

Unidentified Services means services on the Site or on land contiguous with the Site which were  not expressly identified on a plan or drawing provided to us prior to the issue of the Quote. 

You or Your or Client means the person or entity engaging the services of the Contractor pursuant  to this Contract. 

Valid Tax Invoice means an invoice, which complies with the GST Law relating to the production  and form of tax invoices for GST purposes. 

Variation means any increase or decrease in the Works, any omission from the Works, any change  in the character or quality of the Works or any additional work in accordance with this Contract. 

Works means all of the goods to be supplied and services to be performed by us under the Contract,  including the supply of goods and services set out in any Scope of Work and any Variations thereto. 

19.2. In these General Conditions:

(a) The singular includes the plural and vice versa; 

(b) A person includes a firm, body corporate, unincorporated association or authority and reference  to a person includes their executors, administrators, successors and assigns; 

(c) A reference to ‘$’ is a reference to Australian Currency; 

(d) ‘Including’ and similar expressions are not words of limitation; 

(e) ‘Us’, ‘us’, ‘we’ or ‘our’ means the Contractor; and 

(f) ‘You’ ‘Your’ or ‘the Client’ means the party accepting the Quote, who by their acceptance of the  Quote is engaging Us to complete the Works in accordance with the terms of this Contract.

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