Terms and Conditions

Thank you for choosing AFE to perform the Works or supply the Materials.
 

The terms and conditions that are set out in this document are the conditions under which AFE will perform the works for the Customer. This document therefore constitutes a legally binding contract between AFE and the Customer.
 

AFE must provide the Customer with a signed copy of these terms and conditions within five (5) business days from the terms and conditions being executed.

 

 

1. Quote

The quote, if any, provided to the Customer represents an estimate of a price for the Works or the Materials. Depending on the extent of the Works undertaken and the time spent in that regard. AFE’s estimate under the quote may be subject to change. AFE will inform you as soon as possible if there is a variation to the pricing for the Works.

 

2. Cooling off period

The Customer may rescind these terms and conditions:
-If the Total Price exceeds $20,000; and
-Within five (5) business days of signing this document; and
-If Works are deemed to be urgent/emergency works.

 

3. Payment terms

At AFE’s sole discretion, the Total Price shall be either:
(a) As indicated on invoices provided by AFE to the Customer in respect of Goods supplied; or
(b) A quote provided by AFE will remain valid for thirty (30) days unless otherwise expressly stated and will be binding on both parties, provided that the Customer has accepted the quotation in writing within that period. Acceptance may be in various forms, including but not limited to the supply of a Purchase Order.
 

The Purchase Order Price is based on the value of Goods and Services to be provided and may also include (but is not limited to) import duty, freight, insurance, currency exchange rates and or various statutory obligations ruling at the date of quotation.
 

On expiry of the quote validity period, if the Customer wishes to proceed, a quote revision will need to be provided prior to AFE undertaking the Service or providing the Goods.
 

Unless otherwise expressed in writing all prices quoted are in Australian Dollars exclusive of GST.

At AFE’s sole discretion a non-refundable deposit may be required as security and will be deducted from the final invoice amount.

AFE will issue a tax invoice for the Goods and Services setting out the Services performed, including any Variation if applicable.

Receipt by AFE of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then AFE’s ownership or rights in respect of the Goods shall continue.

Payment of AFE’s tax invoice shall be by Direct Electronic Transfer or Credit card (2.6% Surcharge) to AFE’s nominated bank account.
 

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.
 

If the Customer defaults in payment of any invoice when due, the Customer shall indemnify AFE from and against all costs and disbursements incurred by AFE in pursuing the debt including legal costs on a solicitor and own client basis and AFE’s collection agency costs.

Without prejudice to any other remedies AFE may have, if at any time the Customer is in breach of any obligation (including those relating to payment), AFE may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. AFE will not be liable to the Customer for any loss or damage the Customer suffers because AFE has exercised its rights under this clause.

Without prejudice to AFE’s other remedies at law AFE shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to AFE shall, whether or not due for payment, become immediately payable in the event that:
(a) Any money payable to AFE becomes overdue, or in AFE’s opinion the Customer will be unable to meet its payments as they fall due; or
(b) The Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
 

4. Variations of Contract

This contract may be varied at the request of AFE or the Customer.

A Variation is to cover matters that could not reasonably be expected to be foreseen at the date of contract or due to a requirement of a council or other authority relating to the work or due to Australian Safety Standard.
 

Where the Customer directs AFE to carry out a Variation you agree that this will incur additional costs payable by the Customer in addition to the Total Price.
 

AFE reserve the right to refuse to carry out Variations.

 

4A. Variation to Contract Price

The Total Price may be adjusted as a consequence of:
-Variations to work or materials agreed with clause 6; and/or
-Any variation to the cost of the building cover contract entered into by AFE in respect of the work to be done.
-Any deletions from the Contract will be deducted from the Total Price. The Price of any variation specified in the notice and signed and dated by the Customer will be added to the Total Price.
-Any adjustment to the Total Price will be taken into account at the time of the next progress payment or paid as agreed by the parties.

 

5. Approvals

Unless obtained by one (1) of the parties prior to the Contract, the Customer will be responsible for any application and cost necessary for the approval of the Work.
 

This includes approvals from any public authority to occupy and use the completed Work.

The cost of seeking any approval is not included in the Total Price of the quotation.

Where you are required to obtain approvals prior to starting Work under this Contract, and if the approvals have not been obtained within sixty (60) business days of the date of this Contract, either party may terminate the Contract by written notice at the expiry of the sixty (60) business day period.

 

6. Your obligations and indemnity

If AFE discover a need for additional time or material once the work has commenced, AFE will seek approval from the Customer prior to continuing work.

 

The Customer is responsible for providing unmitigated access to the work area. This includes moving any furnishings, wall hangings, or other items which could prevent AFE from carrying out the listed services.

 

The Customer is responsible for ensuring all pets are safely locked away prior to AFE commencing the Works. The Customer is responsible for any damage caused, whether to the Customer’s property or AFE’s property, by pets whilst AFE is on site completing the Works.

 

All areas of installation will be left in the condition found unless otherwise stated in writing by AFE.

 

Sitework, including demolition or removal of debris, is not included in this electric services contract.

                

The quotation is based on AFE having clear and unrestricted access and use of the nominated premises at which the Customer requires the Work to be performed. The Customer warrants that they have all necessary consents and authorisations in relation to allowing AFE access to that premises.

The Customer must indemnify AFE against any claim (of whatever nature) brought against AFE, or any losses or damages AFE suffer as a result of the breach of these terms and conditions by the Customer or arising as a result of the proper performance of the Services by AFE.

 

7. Warranty

AFE warrant that:
-The works will be carried out in accordance with the Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979 (NSW) and all relevant laws, codes, standards, specifications, any development consent or complying development certificate and legal requirements and in an appropriate and skilful way; and
-At all times AFE will hold all licences required to carry out and complete the works.
 

AFE may limit our liability for a failure to comply with paragraph (1) if the failure relates to:
-A design or specification prepared by or on behalf of the Customer; or
-A design or specification required by the Customer, if AFE have advised the Customer in writing that they go against this part.
 

AFE do not warranty quality or performance of materials supplied or installed by AFE that are subject to manufacturer’s warranty. It is the Customer’s responsibility to establish the warranty relationship with the manufacturer by ensuring that warranty cards or other registration requirements of the manufacturer of materials supplied or installed by AFE are complied with.
 

For work with a Total Price above $20,000, AFE will:
-Comply with the statutory warranties in section 18B of the Home Building Act 1989 (NSW) and complete the work in accordance with the requirements of this Contract; and
-Comply with all relevant Australian Standards, laws and the requirements of the relevant local council and all statutory authorities with respect to the work.

 

8. Our Liability

All terms, conditions or warranties that may be implied into these terms and conditions, statutory or otherwise, relating to the supply of the works are excluded to the fullest extent permitted by law.
 

To the extent permitted by law and not with standing any other term of this document, AFE’s liability under this document is limited, at AFE’s discretion, to:
-Resupply or remediate the works; or
-Refund to the Customer of any indirect, consequential or punitive damages (including loss of profit or disruption to business) arising in the course of performing the works.

 

9. Risk and Ownership

The Customer agrees that until AFE have received payment in full of the Total Price and any other monies due to AFE under these terms and conditions.
 

The Customer has no right or claim to any interest in the Materials and are not entitled to claim any lien over the Materials.
 

AFE may recover possession of Materials at any site owned, possessed or controlled by the Customer and the Customer agrees that AFE has an irrevocable licence to do so and to dispose of the Materials to recover AFE’s Total Price and costs associated with their recovery.
 

The Customer must not:
-Supply any of the Materials to any person;
-Allow any person to have or acquire any security interest in the Materials; or
-Remove, deface or obliterate any identifying plate, mark or number on any of the Materials.

 

10. Excepted Risks

AFE will not be liable for damage to any Materials (whether supplied by AFE or others) unless such damage was caused by AFE.

AFE will not be liable for any delay or failure to perform our obligations under these terms and conditions if such failure or delay results directly or indirectly from any cause, matter or thing beyond AFE’s reasonable control, including but not limited to the following:
-Any act, default or omission on the Customer’s part including the negligent, accidental or deliberate misuse of Materials, equipment or their parts;
-Events such as damage by fire, explosion earthquake, lightning, storm, flood, labour disputes or industrial conditions; electric power supply failure; inclement weather; unavailability of suitable Materials or their parts;
-Where the physical conditions on the site and its near surrounds, which are materially different from the physical conditions which should reasonably have been anticipated by AFE on the Customer’s instructions or obtainable by a visual inspection;
-Variations directed by the Customer;
-Changes in the law; and
-Directions or delays by public or statutory authorities.

 

11. Underground services

AFE will not be liable for any repair work to any underground services. Any repair work will be paid at the Customer’s expense, including damage to property, real or personal, death or personal injury or economic loss of any kind.
 

AFE will not be liable for damage to any Materials (whether supplied by AFE or others) unless such damage was caused by AFE.

 

12. Rock

Unless included in the description of the Works in the Reference Schedule or Variation rock excavation, dewatering or supportive work such as pier and beams for filled or made up ground; excavation of soil which is other than clean soil will be charged as a Variation to the Total Price.
 

Existing soil will be returned to the excavated areas and ground will be left filled.

 

Landscaping or concrete Works are not included unless specified in writing.

 

13. Drains and sewer

The Customer acknowledges and agrees that:
-The presence of plant or tree root growth and or blockages generally indicates damaged pipes;
-Blocked drains, sewer pipes and stormwater lines cannot be permanently repaired by removing the plant or tree root growth; and
-AFE do not warrant that there will not be future blockages regardless of the timeframe in which that occurs unless the pipe, drain and line itself is replaced by AFE.

 

14. Working hours

AFE will provide the Services during 7:00am – 3:00pm Monday to Friday unless otherwise stated.
 

The Customer agrees that if they require AFE to perform Works outside of the nominated hours then the Total Price will be increased to reflect award penalty rates for that part of the Works performed outside of those hours.

 

15. Insurance

AFE will effect and will maintain Public Liability Insurance to a value of not less than $20,000,000 and WorkCover insurance in accordance with the requirements of applicable legislation for all or any of AFE’s employees.
 

AFE will provide the Customer with evidence of the existence of these policies at the Customer’s request.
 

Prior to the start of Works for the Total Price above $20,000, AFE will provide evidence of Home Building Compensation Insurance.

 

16. Guarantee and indemnity

The Customer irrevocably and unconditionally guarantees to AFE the due and punctual:
-Payment of all monies by the Customer to AFE; and
-Performance of all the obligations undertakings and provisions contained in or implied by these terms and conditions on the Customer.
 

The Customer irrevocably and unconditionally indemnifies AFE against all costs, expenses, damages and losses suffered or incurred by AFE as a result of:
-Any failure by the Customer to pay in a due and punctual manner any monies in accordance with these terms and conditions; or
-Any breach of any of the covenants and conditions contained in or implied by these terms and conditions on the Customer and the Guarantor.

 

17. Intellectual Property

If AFE prepare documents under the direction of the Customer or from sketches supplied by the Customer which may infringe the copyright of another person, the Customer will indemnify AFE against any legal action in respect of a breach of copyright by AFE.

If AFE prepare the documents, AFE retain copyright in those documents but the Customer will, provided that AFE have been paid for those documents, be entitled to complete the Work in accordance with those documents.

 

18. PPSA

In consideration of AFE providing the Services to the Customer and until such time as full payment of all monies relating to the Services has been received, the Customer:
-Grant to AFE a general security interest (as that term is defined by the Personal Property Securities Act 2009 (Cth) (PPSA)) in all of the Customer’s present and after acquired personal property in favour of AFE (Security Interest).
-Acknowledge that AFE reserves the right to register a financing statement in respect of the Security Interest;
-Must promptly, on request by AFE, execute all documents and do anything else reasonably required by AFE, execute all documents and do anything else reasonably required by AFE to ensure that the Security Interest constitutes a perfected Security Interest under the PPSA.

The Customer agrees to contract out of, waive or exclude such sections of the PPSA as AFE may require, to the extent and subject to those sections being able to be excluded under the law. The Customer expressly agrees to:
-Contract out of the enforcement provisions referred to at sections 115(1)(a) to ( r ) (inclusive) of the PPSA; and
-Waive your right to receive a copy of any:
-Financing statement or any financing change statement:
-Verification statement under section 157 of the PPSA; and/or
-Notice in relation to a registration event under section 175 of the PPSA,

-In respect of the Security Interest.

 

19. Caveat

If the Customer has breached a term of this Contract, AFE may at any time register a caveat against the title of Property, in respect of AFE’s rights under this Contract.

 

20. Termination by Us

AFE may terminate this agreement or suspend the Works if the Customer:
-Fails to pay any money owed to AFE in accordance with this payment schedule;
-Are unable to fulfill a requirement of Council or other Statutory authority;
-Deny access to the site;
-Prior to the completion of Works, enters into occupation or otherwise obstructs AFE from performing Works;
-Breach any other term of this agreement and fail to rectify that breach within seven (7) days of AFE providing the Customer with a notice; or
-Become subject to bankruptcy, external administration, liquidation, receivership or any other insolvency event.

 

21. Effect of Termination

If these terms and conditions are terminated, the Customer is not entitled to a refund of any monies paid by the Customer prior to the date of termination.
 

Upon termination of this agreement, the Customer must immediately pay any outstanding fees to AFE.

 

22. Dispute Resolution

Any dispute between AFE arising under or in connection with these terms and conditions will:
-In the first instance be referred by one party to the other and the party must use all reasonable endeavours to resolve the difference or dispute without resort to future process; and
-If the difference or dispute can’t be resolved in such a manner within fourteen (14) days of the difference or dispute arising, then the party alleging a difference or dispute will refer it to the NSW Civil and Administrative Tribunal.

 

23. Miscellaneous

These terms and conditions may only be amended or supplemented in writing signed by the parties.
 

This document is the entire agreement of the parties on the subject matter. All representations, communications and prior agreements in relation to the subject matter are merged in and superseded by this document.
 

AFE may assign our rights and obligations under these terms and conditions by notice in writing to the Customer. AFE may subcontract any part of the Works to our nominated subcontractors without notice to the Customer.
 

The Customer must not assign any of their rights and obligations under these terms and conditions without AFE’s prior written approval.
 

The law in force in the State of New South Wales governs these terms and conditions. The parties submit to the exclusive jurisdiction of the course of New South Wales.
 

If any term of provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision will be severed and the remainder of the provisions of these terms and conditions will continue and have full force and effect.

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