Terms and Conditions
A quotation is valid for thirty (30) days after which any extensions must be agreed to in writing by Aotea Electrical Pty Ltd. A quotation is an inclusive project offer and cannot be separated unless agreed in writing by Aotea Electrical Pty Ltd. A quotation can only be accepted by a person duly authorised by the Client to bind the Client and to sign on its behalf.
Prices quoted are based on the Australian Dollar value at the time of quotation. Any variation on this at the time of importation of the goods into our warehouse may result in a price adjustment on the final invoice
If there is any variation in products supplied, after a purchase order has been issued, a twenty percent (20%) restocking fee will apply (all variation fees based on the value of the goods not required).
Aotea Electrical Pty Ltd are limited to providing manufacturer warranties on all products that form part of our installation work. These warranties vary from product to product but in general there would be a minimum six (6) months warranty. All workmanship involved with Aotea Electrical Pty Ltd installations would be covered by a six (6) month warranty.
4. Quality Assurance
Aotea Electrical Pty Ltd is certified to the AS/NZ 3000 standards and are a proud member of the ECA/Master Electricians and Safety Connect safety management program.
The Client agrees regardless of any negligence on the part of Aotea Electrical Pty Ltd, to release, hold harmless, indemnify and keep indemnified, Aotea Electrical Pty Ltd from and against all liabilities, claims, damages, losses, costs and expenses of whatever nature, however occurring, which may accrue against or be suffered by Aotea Electrical Pty Ltd. Arising out of or in any way connected with the performance of the Service, unless caused by wilful misconduct of Aotea Electrical Pty Ltd or any of its agents or employees acting within the scope of their employment. Provided that nothing in this agreement is intended to limit or exclude any warranties implied by the Trade Practice Act. including warranty that the Service will be rendered with due care and skill.
6 Passing of Property
Title to the Service and Product shall not pass to the Client until payment in full is received by Aotea Electrical Pty Ltd from the Client.
7. Acknowledgements by Client
The Client hereby acknowledges and agrees:
(a) that the Service must be used properly and with care always
(b) that in certain instances, cabling and pre installation works may for a substantial part of the quoted cost and form part of any compensation payable to Aotea Electrical Pty Ltd on cancellation.
(c ) that Aotea Electrical Pty Ltd will not accept any component of the Service returned for credit except after prior agreement with Aotea Electrical Pty Ltd prior to the return of such component and
(d) that Aotea Electrical Pty Ltd will not accept component of the Service returned for credit where such component has been used.
(a) If the Client cancels any order arising from a quotation after fourteen (14) days of placement of such order but before delivery, it shall be on the following basis (all cancellation fees based on the contract value of the goods).
(i) payment of the whole of the costs to which Aotea Electrical Pty Ltd has become and will become liable up to the date of cancellation.
(b) If the Client cancels any order arising from a quotation after delivery of such order, payment in full for the Service as per the quotation and the cost to Aotea Electrical Pty Ltd of any cabling or any other works done by Aotea Electrical Pty Ltd in preparation for the delivery and installation of any part of the Service
The Client acknowledges and agrees that the sole obligation for maintenance of Service rests with the Client.
10. Terms of Payment, 30% deposit upon acceptance of quote
(a) where installation of goods and services will be spread over a two (2) to three (3) month period or longer, progress payment will be charged each month. The percent of progress payment will correlate to the amount of works completed on the day of the progress claim.
(b) For orders which are delivery only, the full contract value (less any deposits if applicable) will be invoiced upon delivery of the Service to an address specified by the Client.
(c ) In the event that Aotea Electrical Pty Ltd during the progress of the contract work, is able and willing to complete the contract work, but is delayed in or prevented from so doing by causes beyond Aotea Electrical Pty Ltd’s control (including but not limited to delays by other contractors or the Client) the Client shall
(i) Pay forthwith to Aotea Electrical Pty Ltd the entire contract value
(ii) Re-negotiate with Aotea Electrical Pty Ltd the time when and the terms under which the contract work shall be completed. Such terms shall include but not be limited to the payment by the Client of all costs and expenses of Aotea Electrical Pty Ltd attributable to or resulting from such delays or prevention.
(iii) Be subject to prolongation claims where applicable
(d) Invoices fall due for payment fourteen (14) days after the date of invoice except for progress payments which are due and payable within seven (7) days from the date of the invoice.
11. Non Payment
(a) Aotea Electrical Pty Ltd reserves its right to render the Service inoperative if payment has not been received on the due date.
(b) The Client expressly acknowledges and declares that it will not be entitled to make any claim whatsoever or howsoever arising against Aotea Electrical Pty Ltd for any damages arising as a result of Aotea Electrical Pty Ltd rendering the Service inoperative in the event of non payment.
(c) The Client expressly acknowledges and declares that payment in full of the contract value shall be a condition precedent to any legal action whatsoever against Aotea Electrical Pty Ltd relating in any way to any part of the Service.
(d) All product and materials remain the property of Aotea Electrical Pty Ltd until full payment has been made and Aotea Electrical Pty Ltd reserves the right to remove all product and material due to non payment.
12. Force Majeure
Aotea Electrical Pty Ltd. Will not be liable for non-conformance or delays in performance occasioned by any cause beyond Aotea Electrical Pty Ltd reasonable control, including but not limited to, acts of god, war, fire, inclement weather, strikes, industrial disputes and government action. In no event shall a Client be entitled to damages of any kind (whether general, special or otherwise) for non-performance or delays in performance by Aotea Electrical Pty Ltd arising out of any matter contemplated by this clause.
13. Applicable Law
This contract shall be governed and construed in accordance with the laws in force in he State of Queensland. Any dispute or litigation arising in relation hereto shall be dealt with in the appropriate Queensland Court.
14. Termination of Contract
If the Client is in default under this contract Aotea Electrical Pty Ltd, may, in addition to any other right under this contract or at law, terminate the contract.
Aotea Electrical Pty Ltd may elect to waive in writing any of its rights hereunder but no such waiver shall affect Aotea Electrical Pty Ltds rights in respect to any further or continuation or recurring breach or event.
The Terms and Conditions of a quotation, and if accepted, the Terms and Conditions of an agreement are confidential and are not to be disclosed to any other person or body, without the prior written consent of Aotea Electrical Pty Ltd.
SPECIAL CONDITION – RISE & FALL
- It is agreed by the parties that the contract price has been calculated on the basis of the prices of the materials and goods as listed in the schedule to this condition (“the schedule items”) which were current as at the tender date.
- The prices as listed in the schedule will be referred to as the “basic prices”.
- If after the tender date for any reason the cost to the subcontractor of the schedule items increases or decreases then the contract price shall be varied to the extent of the net amount of the difference between the basic price and the actual cost to the subcontractor of the schedule items at the time the schedule items are bought.
- The references in this clause to prices should be construed as including any duty or tax payable by any person on the input, purchase, sale, appropriation, processing or use of the schedule items.
- The subcontractor shall give written notice to the (parties to insert) within a reasonable time of the occurrence of any event covered by this clause.
- As soon as is reasonably practical the subcontractor shall provide such evidence and computations as the (parties to insert) may reasonably require to enable the amount payable to or allowable by the subcontractor by virtue of this clause to be calculated.
- No addition to or deduction from the contract price by virtue of this clause is to alter in any way the amount of profit of the subcontractor included in the contract price.
- In this clause:
a. The expression “the tender date” means (parties to insert).
b. The plural includes the singular and visa versa
- This clause prevails over any other clause in this contract to the extent of any inconsistency.
‘Client’ means the party who contracts to purchase goods and services from Aotea Electrical Pty Ltd, whether as a result of a written offer or otherwise.
‘Service’ means those items of equipment and services which are contracted to be purchased.
Deposit 30% upon acceptance
50% of balance after ruff in and all materials on site
Balance payable on completion