The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Award is the Electrical Contracting Industry (State) Award of Tasmania.
Contract is the acceptance by the Customer of the Quotation and offer by Contact Group herein.
Contract Sum is the amount specified for the Works in the Quotation herein.
Country refers to: Tasmania, Australia
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Contact Electrical Pty Ltd, 17 Federal Street, North Hobart trading as Contact Group.
Customer means the party so named in this Quotation and the party Contact Group has a Contract for the Works.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Electricity Distributor is Aurora Energy or Hydro Tasmania.
Quotation means the Contract sum and conditions for the Works specified herein.
Service refers to the Website & Contact Group Services listed within.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Contact Group, accessible from https://contactgroup.com.au/
Works means the activity described and detailed in the Quotation.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
A deposit of 5% of the Contract Sum is payable prior to Contact Electrical commencement of the Works unless otherwise negotiated prior to acceptance.
Contact Group may submit progress invoices during the course of the Works. The invoices may include claim for materials purchased by Contact Electrical for the Works whether or not such materials have been installed at the date of the invoice.
The due date for payment by a customer for a Contact Group invoice shall be 10 business days after a payment claim/invoice is submitted, unless an Application for Commercial Credit Account has been returned and approved by Contact Group. Commercial Credit Account terms are 30 days from the last day of the month in which the payment claim/invoice was submitted.
Interest shall be payable by the Customer on any Contact Group invoice amount which is overdue for payment. Interest will be calculated in accordance with the TAS Supreme Court Rate.
All costs associated with the recovery of an overdue account including agency commission and solicitor’s costs will be added to the debt and charged to the customer.
Contact Group may suspend works if payment is not received in accordance with these terms.
Retention money shall not apply; meaning retention shall not be deducted from any Contact Electrical Pty Ltd invoice. Bank Guarantees will only be issued if they were requested in the tender documentation.
The Customer shall give Contact Group access to the site and ensure conditions are such to allow Contact Group to commence works within 30 day of the date of this quotation or as specified in the tender documentation.
If execution of the Works is delayed or interrupted during the course of the Work because the Customer fails to adhere to any agreed work schedule or access to the site is restricted beyond Contact Group’s control causing delays to Contact Group, the Customer agrees that it shall pay Contact Group, in addition to the Contract Sum, the amount of any reasonable additional costs incurred by reason of such delay or interruption including an allowance for profit.
If the Works are not completed within 90 days after the acceptance of the quotation the Contract Sum shall be subject to cost adjustment calculated in accordance with the National Electrical & Communications Association (TAS Cost Adjustment Formula and Tax Change protection).
Due to the very volatile prices of copper and oil on the international market this has a direct effect on Contact Group purchase price of cables & PVC products This quotation is based on relevant commodity prices at the date of this quotation and hence the contract sum shall be subject to adjustment dependant on the purchase price at date of procurement of cables & PVC items.
If Contact Group is unable to commence, continue or complete the Works due to any cause beyond its control, its obligations shall be suspended while such cause exists. Contact Group shall be entitled to a reasonable extension of time and claim associated costs to complete the Works on the basis of such cause. Contact Group will submit a variation for these costs.
If the Customer requests any variation in the Works Contact Group shall, Contact Group accepts the variation, be entitled to increase or decrease the Contract Sum by a reasonable amount including allowance for profit. If a variation has impact on the timing of the works Contact Group shall be entitle to a reasonable extension of time to complete the Works.
Our quotations are based on works being performed during ordinary hours of work being Monday to Friday 7.30am to 4.30pm excluding public holidays. If the customer requires Contact Group to perform the Works outside ordinary working hours, as defined in the Award, the Customer accepts that Contact Group shall be entitled to an appropriate increase in the Contract Sum.
Materials & equipment that form part of the Works or any part thereof shall remain the property of Contact Group until payment in full for the Works or that section of the Works has been received by Contact Group.
The quotation is based on all employees of Contact Group working on the site of the Works being able to work, irrespective of weather conditions, a full 38 hour per week for ordinary time as defined in the Award. If any employee is unable to work a full week as stipulated herein, due solely to the advent of inclement weather, the Customer agrees that it shall pay Contact Group for additional costs attributable to the inclement weather in addition to the Contract Sum.
The Customer shall give all necessary notices, obtain all necessary permits, pay all necessary fees and comply with all provisions and requirements statutory or otherwise, relating to the Works.
Responsibility will transfer to the customer (hand over) of any materials an equipment that forms part of the works when installed on site and the same shall thereafter be at the Customer’s risk. Warranties on such sections shall commence to run from respective dates of handover.
This quotation is based on Contact Group to excavate by machine. In the event that excavation is required by hand the customer agrees that it shall pay Contact Group for reasonable costs attributable to such work, in addition to the Contract Sum, including allowance for profit.
It is the customer’s responsibility to conduct searches and inform Contact Group of the presence of any services or hazards related to excavation works. The Customer shall notify Contact Group within a reasonable time before the Works have commenced of the presence, nature and location of underground services on the site. If the Customer fails to notify Contact Group of such services the Customer shall indemnify Contact Group against any loss or damage related to any damage caused by Contact Group to the services.
1. This quotation is based on any excavation being in soil or clay free of rock, foreign materials and services. If these are encountered the customer agrees that it shall pay Contact Group for additional plan and labour costs attributable to such excavations.
2. Unless specified to the contrary elsewhere in this document, this quotation does not allow for cutting, removal, of roadways, driveways gutters, footpaths, hard surfaces and any foliage & landscaping. In addition, it does not allow the making good and restoration of the same
3. Unless specified to the contrary elsewhere in this document, this quotation does not allow for the transport off site of spoil and overburden related to excavation works carried out by Contact Group.
4. Unless specified to the contrary elsewhere in this document, this quotation does not allow for compaction of trench backfill.
If Contact Group notifies the Customer that it intends to store materials and equipment for use in the Works on the site of the Works the Customer shall designate an area for storage and shall take all reasonable precautions to protect and secure any such materials and equipment.
Contact Group’s quotations are based on mounting any equipment directly onto existing surfaces at the site. It has been assumed that these surfaces are adequate and have the physical integrity to support such equipment. If in the course of the works it is identified this is not the case the customer shall make the necessary arrangements to provide any infrastructure to support the equipment. Access to buildings fixings required to be mounted in either ceiling spaces, roof spaces or under floor spaces is the responsibility of the customer / builder. This includes cables ways, lighting equipment and fire protection equipment. This includes access panels (man holes) for cables pathways, lighting equipment and fire protection equipment.
Contact Group warrants that all materials and workmanship comprising the Works shall conform to the current Statutory Regulations and the requirements o any relevant authority in force on the date of the performance of the Works.
Contact Group will rectify any defects of the works caused by Contact Group workmanship within six months of the date of handover.
Contact Group shall not be liable for any damage to materials or to the Works caused by the Customer or by third parties.
Contact Group shall not be liable to repair or replace goods & equipment due to failure or damage. Equipment is generally warranted by the manufacturer or supplier and any claims will be referred to them.
Contact Group shall not become liable for any payment arising from the above and Contact Group shall first have failed to respond adequately, within a reasonable time, to the Customer’s written request to replace or repair the goods or to supply the services again.
Contact Group will not be liable for failure or damage to the Works caused by the Customer or by third parties.
The liability of Contact Group in contract or in tort or otherwise shall be limited.
In the case of goods, to any one of the following: –
a) The replacement of the goods or the supply of equivalent goods, or
b) The repair of the goods, or
c) The payment of the cost of replacing the goods or of acquiring equivalent goods or
d) The payment of the cost of repair of the goods.
In the case of services, to one of the following: –
a) The supply of the services again, or
b) The payment of the cost of having the services supplied again.
Contact Group shall not become liable for any payment arising under this clause, unless Contact Group shall first have failed to respond adequately within a reasonable time, to the Customer’s written request to replace or repair the goods or to supply the services again.
The Customer shall ensure whilst ever Contact Group is required to work on the site of the Works that such site is maintained as a Place of Work that complies with the current Workcover Requirements and Codes of Practice. If the Customer fails to do so causing Contact Group to incur costs then the Customer agrees that such costs shall be paid to Contact Group in addition to the Contract Sum.
Unless otherwise mentioned in this quotation, Contact Group have made no allowance for customer-specific safety or site inductions.
Contact Group will suspend Works, or terminate the Contract and repossess any unfixed portions of the Works, if the Customer either fails to perform or observe any term of the Contract arising from the Quotation (including the terms of payment in accordance with The Building and Construction Industry Security of Payment Act 1999), or enters into an arrangement with its creditors or, being an individual, commits an act of bankruptcy or is made bankrupt, or, being a company resolve or is ordered to be wound up or has a liquidator, receiver, receiver and manager or official manager appointed. Such suspension or termination shall not affect any rights of Contact Group accrued against the Customer prior thereto. Contact Group shall be entitled to be reimbursed for any loss or damage it may sustain as a result of the default of the Customer hereunder, including any loss sustained through the suspension and subsequent resumption of the Works.
The Customer shall be solely liable for and shall indemnify and hold harmless Contact Group, its officers, employees and agents from and against all liability of any nature whatsoever or howsoever arising in or in connection with the Contract, and howsoever or by whomsoever caused except to the extent that such liability is caused by negligence, breach of duty or breach of statute by Contac Group its officers or employees.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Referring the matter to the Australian Disputes Resolution Centre, and, failing any agreement, then referring the matter to arbitration, should resolve a dispute in relation to the Contract.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: firstname.lastname@example.org