STANDARD CONDITIONS OF SALE
Acceptance of Conditions
By signing this quotation where indicated and placing an order, the customer hereby accepts the following terms and conditions, which may be varied only in writing by PROVOLT ELECTRICAL. Any reference to 'we', 'us', 'our' in these terms and conditions is a reference to PROVOLT ELECTRICAL.
Upon receiving these signed terms and conditions, we agree to provide all tools, plant, equipment, materials and labour required for the works and the customer agrees to pay the total price in accordance with these terms and conditions.
Provolt Electrical Representative
The contact point for communications between the customer and us is our Director. Any instructions to be issued by the customer must be issued through our Director.
Break-up of Prices
The break-up of prices quoted are provided by way of guidance only. Should the final break-up of price change, or should any component of work not be performed for any reason, we reserve the right to revise the total price and price breakdown.
Cancellation Fees
If work with an agreed start date is not able to be proceed as arranged and must be rescheduled and if no alternative activities can be undertaken at site, a cancellation / rescheduling fee of 20% of the total price will be charged, based on man-hours and material committed to the work at the time of cancellation where these are not able to be otherwise deployed.
Contract Conditions
Prior to acceptance of an order of works, further conditions of contract may be mutually agreed with us.
Delays and Delivery
Our quotation is based on the performance of the works as one continuous project, devoid of any delay and with provision of equipment and services by others as and when needed.
Delivery periods quoted are subject to change and as such should be treated as estimates only. We will endeavour to meet delivery dates but do not accept any liability for the failure to complete the contract within any specified delivery period unless specifically stated otherwise in our quotation.
Electrical Safety
If during the course of the installation when works are conducted within and around switchboards that if the same are found defective or deemed to be unsafe you will immediately be notified and where appropriate, isolated by a licensed electrician. The power, if isolated, will not be re-energised until such a time as the existing condition has been rectified and made safe in accordance to current Electrical Safety Victoria (ESV) regulations. The customer shall bear all costs associated with the rectification works including materials and labour. Where required, all works shall be notified to the ESV Chief Electrical Inspector.
Hazardous Materials
Unless otherwise specifically stated in writing, the quoted price is based on the assumption that the work for which this quotation is submitted will be executed in an environment free from hazardous material. The customer accepts full responsibility for the resolution of any problems and for the delays and bears all additional costs that may result from the presence of these materials in or about the site on which the works (or any part thereof) are to be performed.
Work Site Access
Our quotation is based on free, safe and unrestricted access to all work areas. The customer will be liable for any additional costs of access where this is not the case.
Live Work Clause
It is our strict policy to only undertake live work or work near live conductors where it is safe to do so, particular emphasis is placed on compliance with AS/NZ 4836:2001 "Safe working on Low Voltage Electrical Installations, relevant Commonwealth and State Statutory Acts and Work Place Regulations". Our live work procedure is designed to eliminate risk of injury to our employees, damage to your installations and unexpected power disconnections. The above may require us to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.
Insurance
We maintain adequate public liability insurance that protects our property, in addition to the interests of third parties resulting from our negligence. The existing insurance program in force for PROVOLT ELECTRICAL will not accept cross liability, waiver of subrogation, agreement for hold harmless, insurer approval, indemnities arising from any cause, rectification, frustration, consequential losses, nothing of Joint/Co-insured's or permit agreement for insurers to notify insured parties direct. It will be purely at PROVOLT ELECTRICAL’s discretion whether it assumes the responsibility based on commercial/ business practice.
Protection of all Materials and Equipment
Protection of all materials and equipment installed on-site will be the responsibility of the customer at all times, replacement and/or rectification of any damaged/stolen materials or equipment will be at the cost of the customer held insurance policy. Such works will be only undertaken once approved variation is received. Any project delays caused by such incidents will not be the responsibility of PROVOLT ELECTRICAL.
Non-solicitation
The customer agrees not to solicit or entice away (or attempt to do so) any of our employees, consultants or customers or engage any of our employees in any other capacity without prior notice and permission from us.
Service/Delivery by Instalments
Where practical, we reserve the right to deliver the goods, service and/or carry out the installations by instalments. In such instances progress payments and billings for each instalment shall be due in accordance with the clause "Terms of Payment" below or as otherwise agreed in writing.
Site Inductions
Unless specifically stated in this quotation, no allowance had been made for any site inductions. These, where required, will be charged to the customer.
Site Conditions
This quotation is valid only if the site equipment/plant is in the same condition as stated when this quotation was prepared. Any additional costs incurred due to changes or further damaging of equipment by others will be deemed to be a variation of the contract sum.
Tax and Rise in Cost of Materials
In the event that at any time during the provision of the quotation and our performance of works any new or additional taxation is imposed which affects the cost of materials, services or labour associated with the works, or which may apply to the total invoiced costs, the customer agrees that such increases shall be added to the contract sum.
Terms of Payment
Our standard Terms of Payment are as follows:
For General Works - Completed within 1 business day:
100% of quoted price (plus or minus all variations) upon completion of works and before certification is issued.
For General Works - Completed within 5 business days:
30% deposit on placement of order
30% of quoted price plus or minus variations on completion of works and before certification is issued.
For General Works - Completed in excess of 5 consecutive business days:
Progress claims based on the following milestones:
30% deposit on placement of order
40% on completion of the rough-in stage plus 80% of all variations of works in progress
30% on completion of works and before certification is issued plus remaining 20 % of variations of works completed
Title Risk of Loss
Title of goods, services and works undertaken by us does not pass until full payment for the goods, services and work undertaken has been made by the
customer. Where full payment has not been made for goods delivered in accordance with our payment terms, the customer hereby authorizes and acknowledges that un-restricted entry will be given to the premises where the goods have been delivered or the work for us to regain possession of the goods.
Warranty
We warrant our workmanship for a period of 12 months from date of delivery. Our warranty is limited to making good or replacement of those parts of our supply, if found to be incorrectly connected or fitted. Where parts or goods are defective which have been supplied to us by others, these are subject to the manufacturer or supplier warranty.
