Contract Terms & Conditions

BACKGROUND

 

A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.

 

B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.

 

 

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:


1.     SERVICES PROVIDED

 

1A. The Client hereby agrees to engage the Contractor to provide the Client with the following services

 

•   Works outlined in quotation

Works Includes Electrical, Data, Refrigeration and Security works all to comply with current and relevant

Standards.

 

1B.The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.

 

2.     TERM OF AGREEMENT

 

2A. the term of this agreement (the “Term”) will begin on the date of Agreed by REST SG PTY LTD and the Customer and will remain in full force and effect until the completion of the Services, Subject to earlier termination as provided in this agreement. All works shall only be accepted by the customer upon agreeing to the terms and conditions outlined. The customer has accepted and is immediately bound by these terms and conditions by accepting a quote either written or verbal, paying a deposit, accepting the products and/or services of REST SG PTY LTD or placing an order for the products and installation supplied by REST SG PTY LTD REST SG PTY LTD may alter these Terms and Conditions at any time and such Terms and Conditions shall apply thereafter.

 In the event that either Party wishes to terminate this Agreement prior to the completion of the service, that party will be required to provide 7 days written notice to the other party.

 

3.     COMPLIANCE CERTIFICATE

3A. Rest Services Group shall provide all customers with a certificate of compliance for all Electrical works under the Electrical Safety Regulation 2013. For all Cabling works a Telecommunications Cabling Advice (TCA1) form shall be issued under the Telecommunications Act 1997 Once Confirmation of Payment has been received by REST Services Group, the respected document shall be issued to the customer. A Form 46 will also be issued on completion. Any data installed will be outlined on a TCA1 form and handed to client on completion.

 

3B. Details outlined Certificate of Compliance for Electrical Installations shall meet requirements as follows.

·      the name and address of the person for whom the work was performed

  • the details of the electrical equipment or electrical installation tested
  • the day the electrical equipment or electrical installation was tested
  • the electrical contractor license number under which the electrical equipment or electrical installation was tested.

In addition to the above, a certificate must contain a suitable certification statement. For example:

·      Electrical equipment – a statement that certifies the electrical equipment (to the extent it is affected by the electrical work) has been tested to ensure it is electrically safe.


·      Electrical installations – a statement that certifies the electrical installation (to the extent it is affected by the electrical work) has been tested to ensure it is electrically safe and is in accordance with the requirements of the wiring rules and any other standard applying under the ES Regulation to the electrical installation.

 

3C. Details outlined on the Certificate of Compliance for Cabling Installations shall meet requirements as follows.

·      complete all sections of the form

·      print legibly in black ink

·      Describe your work clearly (specify the type of work and where it is located, for example, room, floor, section, department, building).


1.     WORKPLACE HEALTH AND SAFETY

 

4A. Rest Services shall comply with all Work Place Health and Safety regulations under the Work Health and Safety Act 2011. REST SG PTY LTD shall take all necessary precautions and responsibility for due care onsite. Mandatory PPE requirements must be met at all times. All Electrical works shall comply with the Electrical Safety Regulations 2013. REST SG PTY LTD reserve the right to cease works if the customer wishes REST SG PTY LTD to proceed with works deemed unsafe by REST SG PTY LTD. Due to unforeseen circumstances, other than outlined in the original quote, if additional equipment is required if the site of work becomes unsafe and does not meet Work Place Health and Safety regulations the additional amount will be the customer’s responsibility.

 

2.     PERFORMANCE

 

5A. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

 

 6.  PAYMENT

 

6A. Customers shall make Payments according to the invoice issued unless otherwise specified by REST SG PTY LTD. Any late payments will trigger a fee of 8% per annum on the amount owing. This sum shall be calculated on a weekly bases from due date. Both parties shall agree that this sum is not a penalty but a measure of the damages incurred by REST SG PTY LTD.

 

6B. If payment has not been made REST SG PTY LTD reserve the right to enquire third party assistance in recovering this amount. All costs relating to any action taken by REST SG PTY LTD to recover funds due from the Customer including but not limited to Solicitor fees and legal cost shall be the responsibility of the Customer.


6C. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in AUD (Australian Dollars).

 

6D. The Contractor will charge the Client for the Services as follows

 

•   As per the original quotation’s

Note 1- 25% Deposit to be paid prior to rough in

Note 2- 20% to be paid on completion of Rough In

Note 3 – 25% to be paid prior to fit off

Note 3 – 10% to be paid on completion of Fit off and testing

Note 5- Balance to be paid on completion.

 

6E. Invoices submitted by the Contractor to the Client are due upon receipt.

 

6F. In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to pro rata payment of the Payment to the date of termination provided that there has been no breach of contract on the part ff the Contractor.

 

7. REIMBURSEMENT OF EXPENSES

 

7A. The Contractor will be reimbursed from time to time for reasonable and necessary expenses incurred by the Contractor in connection with providing the Services.

 

7B. All expenses must be pre-approved by the Client.

 

8. PENALTIES FOR LATE PAYMENT

 

8A. Any late payments will trigger a fee of 5.00% per month on the amount still owing.


9. CONFIDENTIALITY

 

9A Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

 

9B. The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the Term and will end on the termination of this Agreement except in the case of any Confidential Information which is a trade secret in which case those obligations will last indefinitely.

 

 

10. OWNERSHIP OF INTELLECTUAL PROPERTY

 

10A. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trade mark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

 

10B. The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

 

10C.The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.

 

11. RETURN OF PROPERTY

 

11A. upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.

 

12. CAPACITY/INDEPENDENT CONTRACTOR

 

12A In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

                                                                                                                                       

13. NOTICE

 

13A. all notices, requests, demands or other communications required or permitted by the terms of this

Agreement will be given in writing and delivered to the Parties at the following addresses:

A.      THE LOCATION OF WORKS

B.      REST SG PTY LTD (JUSTIN SLEEP) FELSTEAD STREET, EVERTON PARK, 4053, QLD AUSTRALA

Or to such other address as either Party may from time to time notify the other.

14. INDEMNIFICATION

 

14A. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

 

15. MODIFICATION OF AGREEMENT

 

15A. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.

 

16. TIME OF THE ESSENCE

 

16A. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

 

17. ASSIGNMENT

 

17A. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.

 

18. ENTIRE AGREEMENT

 

18A.It is agreed that there is no representation, warranty, collateral agreement or condition affecting this

Agreement except as expressly provided in this Agreement.

 

19. ENUREMENT

 

19A.This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.

 

20. TITLES/HEADINGS

 

20A. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

 

21. GENDER

 

21A. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

 

22. GOVERNING LAW

 

22A This Agreement will be governed by and construed in accordance with the laws of the State of

Queensland.


 

23. SEVERABILITY

 

23A In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

24. WAIVER

 

24A. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.