Terms and Conditions
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Terms and Conditions for Engaging Carter Family Company Pty Ltd Trading as Bello Electrical
1. Introduction This contract is between Carter Family Company Pty Ltd, trading as Bello Electrical (referred to as "the Contractor") and the client (referred to as "the Client"). By accepting a quote, proposal or engaging the Contractor, the Client agrees to these terms and conditions.
2. Scope of Work
The Contractor agrees to carry out electrical work as described in the provided quote or proposal.
Any plans or specifications related to the work will be attached and form part of this contract.
3. Compliance and Standards
The Contractor warrants that all work will comply with:
The Building Code of Australia, as required under the Environmental Planning and Assessment Act 1979.
All other relevant codes, standards, and specifications required by law.
Conditions of any relevant development consent or complying development certificate.
4. Variations to the Contract
Any variations to the scope of work or specifications must be agreed to in writing by both the Contractor and the Client.
The Contractor will provide a cost estimate for any variations, and work will not proceed until written agreement is obtained.
5. Contract Price and Payments
The contract price is detailed in the quote, proposal or invoice.
Payments will be made as specified in the payment terms included in the quote, proposal or invoice, which may include fixed payments upon completion of specified stages or as work is performed and costs are incurred.
A deposit of 10% of the total contract price is required prior to the commencement of work.
The remaining balance is due upon completion of the Services unless otherwise noted in the quotation, proposal or invoice.
6. Quality of Workmanship
The Contractor guarantees that the quality of workmanship will be of a standard expected in the electrical industry and in compliance with relevant regulations.
7. Limitations of Liability
The Contractor's liability for failure to comply with work compliance clauses is limited if the failure relates solely to:
A design or specification prepared by or on behalf of the Client.
A design or specification required by the Client, provided the Contractor has advised the Client in writing that it contravenes compliance standards.
8. Insurance
For work valued over $20,000, the Contractor will provide the Client with a copy of their current certificate of insurance.
9. Termination
This contract may be terminated in accordance with the general law or additional circumstances as agreed upon by both parties in writing.
Either party may terminate this agreement by providing 14 days’ written notice.
10. Cooling-Off Period
For contracts valued over $20,000, the Client has a five-business-day cooling-off period after agreeing to the quote, proposal or invoice.
11. Dispute Resolution
Any disputes arising under this contract shall be resolved through negotiation in good faith. If a resolution cannot be reached, either party may seek mediation or arbitration as per NSW Fair Trading guidelines.
12. Governing Law
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia.
13. Entire Agreement
This contract represents the entire agreement between the Contractor and the Client. Any prior agreements, negotiations, or representations not expressly stated in this contract are void.
14. Amendments
Any amendments to this agreement must be made in writing and signed by both parties.
15. Severability
If any provision of this agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.
16. Notices
Any notices required under this agreement will be in writing and sent to the addresses provided by the parties.
17. Compliance with Laws
The Contractor will comply with all relevant laws, regulations, and codes of practice in the performance of the Services.
The Client agrees to comply with all relevant laws and regulations regarding the property and the Services provided.
18. Confidentiality
Both parties agree to keep confidential all information disclosed during the term of this agreement, except where disclosure is required by law or with the consent of the other party.
19. Intellectual Property
Any intellectual property developed during the performance of the Services remains the property of the Contractor unless otherwise agreed in writing.
20. Force Majeure
The Contractor will not be liable for any delays or failure to perform the Services due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, or government restrictions.
21. Indemnity
The Client agrees to indemnify and hold the Contractor harmless against any claims, damages, losses, or expenses arising from the Client's breach of this agreement or from the Client's negligence or misconduct.
22. Acceptance of Terms
By accepting the quote, proposal or invoice, the Client acknowledges that they have read, understood, and agree to these terms and conditions. The Client also confirms they have reviewed the Consumer Building Guide as required.
At Bello Electrical, our team has fostered a robust working relationship with our colleagues spanning various locations and projects.
Our extensive collective experience has resulted in a profound understanding of the published Australian Standards and codes of practice.
This knowledge empowers electricians and project teams to adeptly design, construct, verify, and maintain installations across diverse applications and environments.
Furthermore, we actively participate in collaboration, communication, coordination, and cooperation with a variety of trades and services, including builders, plumbers, handymen, civil contractors, and other industry professionals. Through our unified efforts, we consistently provide safe, high-quality systems and solutions tailored to be reliable, efficient, and cost-effective.
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