Terms & Conditions

Conditions of Contract

Date of Contract

1. This contract is effective from the date it is signed by both parties or on the part or whole performance of the Works by the Contractor.

Effect of Contract

2. Any variation or termination may only be made in accordance with the terms of the contract.
3. Any new deposits made will not be refundable other than provided in the contract.
4. Where the Client is a corporation or partnership, its directors or partners agree to be bound by this contract jointly and severally.

Contract Price & Payment

5. The Client shall pay the Contractor the Contract Price and the price of a variation in accordance with this contract.
6. Contract Price for the Works is based upon the assumption that all existing installations comply with law. regulations and relevant Australian Standards. Any work required to bring existing installations into compliance with law, regulation and relevant Australian Standards shall constitute a variation.
7. The Contract Price for the Works is based upon the assumption that the Contractor will have access to the site during normal working hours at which the Works are carried out. If the Contractor’s access to the site is impeded in any way, this shall constitute a variation.
8. The Contract Price shall be paid no later than 14 days from the Completion Date or the date of the invoice.
9. If the Contract Price is to be divided into progress payments such payments shall be paid no later than 14 days from the date of the invoice relating to the progress payment.
10. All prices are calculated on the basis of existing costs for labour, fixtures and materials at the date of pricing and for 30 days after. If the contract is not signed by the Client within 30 days of receiving it the price may be varied. If the client does not wish to proceed with the new price the contract will lapse.
11. Where Prime Cost Items and/or provisional sums have been included in the Contract Price and a greater amount is spent than the allowance, the Client shall pay the difference to the Contractor within 14 days of the date of dispatch of the invoice. Prime Cost Items are fittings, materials and products provided by the Contractor at the specific direction of the Client and at the cost of the Client or provided by the Client at no cost to the Contractor, but the installation or use of which may incur costs additional to those allowed for in the contract price.
12. Warranties on Prime Cost items will be the warranties of the manufacturer. This contract makes no provision for costs associated with the removal or installation of Prime Cost Items that must be replaced under manufacturers’ warranty.
13. The Contractor will take all reasonable care to ensure that Prime Cost Items are fit for purpose and will only use if they meet Australian Standards.
14. This contract makes no provision for the excavation, removal and cartage of excess soil, rock or reel materials that may be encountered during excavations. The Client must pay the Contractor the costs of excavation/ removal of all excess soil, rock and/or reef material.
15. This contract makes no provision for the costs associated with the identification or removal and cartage of Asbestos Containing Material (ACM) that may be encountered during completion of Works. Costs associated with this will be on the Client.
16. Quotations are limited and valid to 28 days from issue date. Quotations can be subject to change in such circumstances where a variation of the project or an adjustment has been requested. This may also vary due to unforeseeable reasons that occur when present during the course of the project. Acceptance of these quotations / variations require either a Purchase Order or Clients Signature.
17. If the Client fails to make any payment, the Contractor may charge interest on the outstanding amount/s at the rate prescribed by the Penalty interest Rates Act 1983 (Vic) from the due date of payment until the date of full payment.
18. All payment details are located on all invoices and can also be obtained by contacting Next Wave Electrical Services by either phone or email.
19. Outstanding balances 30 days past the payment due date will endure a 15% payment increase, unless otherwise approved by Next Wave Electrical Services in writing.
20. Outstanding balances 60 days past the payment due date will endure another 15% payment increase. Totaling the increase to 30% of the outstanding balance, unless otherwise approved by Next Wave Electrical Services in writing.
21. The Client is liable for all reasonable costs and expenses incurred by the Contractor or by any third party engaged by the Contractor incidental to and arising out of late payments of amounts due under this contract.
22. The property in the goods sold and delivered pursuant to this contract (“Goods”) shall remain with the Contractor until full payment is made by the Client to the Contractor together with all charges for extra materials and /or works made in accordance with this contract.
23. The Client agrees:
    (a) that, pursuant to the Personal Property Securities Act 2009 (“PPSA”), this contract creates a security interest in all Goods (_and proceeds of Goods) in favour of the Contractor to secure the purchase price for the Goods;
    (b) that the following sections of the PPSA do not apply: 95, 118, 121 (4), 125, 129(2), 129(3 . 130, 132(3)(d), 132(4), 135, 142, 143 and, to the extent section 115 7) applies, each section of Part 4.3 of the PPSA is excluded unless the Contractor elects in Willing l9 fetal” P3” 4-3 (Which the Contractor may elect to do either in whole or in part): a
    (c) to waive its right to receive notice of a verification Statement in relation to registration of a security interest; and g
    (d) the Contractor may recover from the Client the cost of doing anything under this clause 20. including registration fees.
24. All payments are claimed under the Building and Construction Industry Security of Payments Act 2002″ need to check

Conditions of Contract & Services Tax

25. The Contract Price includes Goods and Services Tax (GST) which shall be applied according to law.

Contractor’s Obligations

26. The Works shall be commenced on the Commencement Date. The Contractor will use reasonable endeavors to complete the Works by the Completion Date but is not liable in any manner it the Works are not completed by the Completion ‘Date. The Client hereby releases the Contractor from any claim, liability or damages that may arise if the Works are not completed by the Completion Date.
27. While all due and diligent care will be taken, no allowance has been made for making good to any surfaces that may become marked or damaged as a result of us performing our work
28. The Contractor shall perform all work in a professional manner as required in Australian Standards and the Masters Electricians Australia Code of Ethics. The Contractor shall perform all work in accordance with Occupational Health and Safety requirements and within Next Wave Electrical Services Values.
29. The Contractor shall handle any fixtures, fittings, materials and/or equipment provided by the Client with reasonable care. Contractor shall not be liable for any damage caused by defects in, or the unsuitability of client-supplied fixtures, fittings. materials and/or equipment for the purposes for which the were intended by the Client. The Contractor shall not be liable for any loss or damage resulting from any Act of Parliament, Government order, strike, war, delay in delivery of manufacturing materials or from any other circumstances beyond the Contractor’s control.

Client’s Obligations

30. The Client shall provide scaffolding traffic management. and/or access equipment for the Works unless otherwise specified in the contract.
31. The Client shall provide parking as required for a minimum of one car, or parking will be billed to the client.
32. The Client shall provide prior notice, at least 48 hours for all inductions required on site, failure to do so shall constitute a variation and void the Completion Date being not being reached, as reflected in section 7.
33. The Client shall provide the isolation / decommissioning to services, (excluding than electrical) that may be affected in any way as a result of us performing our work, prior to our commencement on site. We will not in any way be held responsible for any claims, damages or mishaps that may arise out of this clause not being adhered to. Next Wave Electrical Services will give at least 24 hours to notice prior to isolations being required.
34. Delays caused by any of these conditions not being adhered to will result in additional costs to the quoted price and shall constitute a variation including but not limited to any delay on agreed commencement time or delays incurred throughout duration of works.

Supply of Materials

35. Where any fixtures, fittings, materials and/or equipment are supplied by the Client, they will be stored, handled and installed at the risk of the Client, subject to clause 25. The Contractor is not liable for any failure of materials supplied by the Client. 33. All materials removed from the Client’s site/premises shall be deemed to be the property of the Contractor unless the Contractor is otherwise notified by the Client.

Insurance

36. The Contractor shall procure any insurances that the Contractor is required by any Act of Parliament (“statutory insurance”) that imposes an obligation on the Contractor to take insurance cover.
37. The Client shall effect all other insurances that normal relate to risks generated in the work associated with the building work and the plumbing/mechanical services work (but not covered by such statutory insurance) and shall indemnify the Contractor for any liability that falls within the ambit of such risks, unless it is agreed between parties that certain insurances shall be the responsibility of the Contractor in which case they will be listed as variations with the client being responsible for the applicable premiums.

Variations

38. This contract can only be varied by agreement in writing.

Suspension / Termination of Contract

39. Where the Client fails to comply with any of these contract conditions, the Contractor may issue a notice of suspension and may suspend the Works until the Client remedies the default.
40. If the Client does not remedy a default within 7 days beyond the date of suspension, the Contractor may terminate the contract by sending a notice of termination to the Client.
41. The Contractor’s right to suspend or terminate this contract exists in addition to the Contractor’s other rights available at law to seek recompense for work done and material supplied to the date of suspension/termination.

Dispute Resolution

42. If the Client is dissatisfied with any aspect of the Works, the Client must provide a notice of complaint to the Contractor setting out the details of and the grounds for the complaint.
43. If the Contractor receives a notice of complaint, the Contractor must send a notice of reply to the Client setting out a method for dealing with the complaint within 7 days of receipt of ate notice of complaint.
44. If the Client agrees with the Contractor’s proposed method to deal with the complaint, the Client must inform the Contractor of such agreement within 7 days of receipt of the notice of reply and must permit the Contractor to deal with the complaint accordingly.
45. If the Client does not agree with the Contractor’s proposed method to deal with the complaint. the Client and the Contractor shall allow a period of up to 21 days (commencing on the day after time has expired for the Client to agree to the notice of reply) for negotiations to take place and the contract shall be suspended but shall not be terminated for that period.
46. If no resolution is reached by the end of 21 days either party may refer the complaint to the Masters Electrician’s Australia for complaint resolution assistance. Such a request must be made in writing setting out details of and the grounds for the complaint.
47. Any dispute or difference unresolved at this stage shall be referred to an appropriate tribunal or statutory body for mediation or arbitration. Building Disputes Board
48. Each party shall bear its own costs of presenting its position to the arbitrator(s) unless the arbitrator(s) make another determination in respect of the costs.

Severance Clause

49. If any words or provisions in this contract are unenforceable. The remainder of this contract shall remain effective.

Notice

50. Any notice, request or demand to be given pursuant to this contract shall be given in writing, signed by that party and shall be sent by post to the address of the other party as stated in this contract, and shall be deemed to have been given on the day following that on which it was posted.