PREAMBLE In this contract Contractor means Shock Doctor Electrical Pty Ltd and approved contractors, including their respective employees and agents.
Work means the work performed including goods and services provided by the Contractor under this contract including the Description of Work (if any) on page 1 of this form.
This contract is for a Contract Price not greater than $20,000. If over $5,000, the Contractor must provide a copy of this contract once it has been signed by both parties within 5 business days. The Contractor is not required to maintain the home warranty insurance otherwise required by the Home Building Act 1989 (Act). This contract is a contract of the kind referred to in clause 16 of the Home Building Regulation 2012 and as a result certain other requirements do not apply.
- Standard of Work The contractor will carry out the Work to the standard required by the statutory warranties provided by the Act. In addition to the statutory warranties, Shock Doctor Electrical Pty Ltd will provide a Lifetime warranty on all safety switches and circuit breakers that are supplied and installed by a Shock Doctor Electrical Pty Ltd Technician. “Lifetime” is defined as 10 years from the date of installation. If these products fail io operate as intended by the Manufacturer, Shock Doctor Electrical Pty Ltd will replace such defective part with new, providing the product has not been subjected to abuse, misuse, accident, natural disaster, over voltage, abnormal excessive maximum demand or, non Shock Doctor Electrical Pty Ltd authorised modification, repair or replacement. The lifetime warranty is non-transferrable and all warranty work will be done during normal business hours. Shock Doctor Electrical Pty Ltd does not cover any damage or loss incurred as a result of the defective part. Refer clause 16 Limitations of Liability. To claim under this warranty, you must be able to provide a copy of the invoice as proof of purchase and contact us on 0438716570 or email us at email@example.com.
- Work outside the Act if the Act does not apply to the Work the subject of the contract, the clauses 14 and 15 will not apply.
- Delay The Contractor and Customer must take all reasonable steps to minimize any delay to the Work.
- Variations Work completed according to instructions from the Customer, which is work in addition to that initially set out in the Description of Work in the contract details, or which requires modifications to the work initially set out in the Description of Work, shall be undertaken at rates and prices agreed by the parties.
- Site conditions and underground services If the Contractor encounters unanticipated conditions including underground cables and conduits or the need to excavate rock, Contamination of the Work area or other circumstance which may increase the Contract Price, then the Contractor must as soon as practical notify the Customer of the condition encountered, the basis on which the additional work required will be charged and the estimated effect on the Contract Price and completion time. Additional work, required as a result of such conditions will be treated as a variation under clause 4.
- Access for Contractor The Customer must provide access for the Contractor to carry out the work. The Customer must remove any unfixed property from the vicinity of the Work if it is likely to impede the Work or if requested by the Contactor
- Insurance The Contractor must have current insurance cover for:
- a) Public Liability insurance to cover liabilities to third parties for death or personal injury or damage to property for an amount not less than $5 million.
b)Workers compensation insurance in accordance with statutory requirements.
- c) Accident policy for self employed Contractors.
- indemnity The Customer indemnifies the Contractor against:
- a) Any third party claim for indirect or consequential loss or damage (including loss of data, loss of revenue, profits or any other indirect cosis) howsoever caused (including through the negligent act or omission of the Contractor); and Liability to any person for loss or damage (whether direct or indirect) caused or contributed to by the Customer.
- Damage to property Subject to the cost of making good not exceeding the relevant limitation provided for in clause 15.4 or 16.2 (or else the provisions of those clauses will apply), the Contractor must make good any loss or damage to the Work or property of the Customer caused by the negligent act or omission of the Contractor except to the extent that the loss or damage is caused or contributed to by the Customers negligent act or omission or failure to take reasonable steps to minimize the risk of damage. The Customer must protect or remove any furniture or other unfixed property from the vicinity of the work and isolate any sensitive electrical and/or electronic equipment.
- Cleaning up On completion, the Contractor must remove from the site all plant and equipment and all rubbish and surplus material relating to the Work. All demolished and surplus material will be the property of the Contractor unless otherwise specified in the Description of Work.
- Disputes If the Customer or Contractor considers a dispute has arisen in relation to the contract, the parties agree to negotiate in good faith in an effort to resolve the dispute before taking any step to refer the dispute to litigation or the Consumer, Trader and Tenancy Tribunal. (The Office of Fair Trading may also be able to assist the parties if in dispute.)
- Termination of Contract If the Contractor becomes bankrupt or goes into liquidation, fails to complete the Work within a reasonable time, fails to remedy defective Work or replace faulty or unsuitable materials, then the Customer may, where such default can be remedied, issue a written notice requiring the Contractor to remedy the default within 10 working days (Notice Period). If the default is not remedied within the Notice Period, or is not capable of being remedied, the Customer may terminate the contract by written notice. *If the Customer fails to make payment due under the contract or prevenis the Work from proceeding, the Contractor may issue a written notice requiring the Customer to remedy the default within 10 working days. If the default is not remedied within the Notice Period, the Contractor may suspend or terminate the contract by written notice.
- Goods and Services Tax The Customer agrees to pay an additional amount equal to any goods and services tax (“GST”) which may apply to any supply made under this contract.
- Plans and Specifications,
14.1 All plans and specifications for work to be done under this contract including any variations to the plans and specifications, are taken to form part of this contract.
14.2 Any agreement to vary this contract or to vary the plans and specifications for work to be done under this contract, must be in writing signed by each party to this contract.
14.3 This clause 14 does not apply to a contract of the kind referred to in clause 16 of the Home Building Regulation 2004.
- Quality of Construction
15.1 All work done under this contract will comply with
- a) The Building Code of Australia (to the extent required under the Environmental Planning and Assessment Act 1979, including any regulation or other instrument made under that Act), and |
- b) All other relevant codes, standards, and specifications that the work is required to comply with under any law, and c) The conditions of any relevant development consent or complying development certificate.
15.2 The Customer must, before the Contractor commences the Work, provide the Contractor with a copy of the conditions of any relevant development consent or complying development certificate referred to in clause 15.1
15.3 Despite clause 15.1, this contract may limit the liability of the Contractor for a failure to comply with clause 15.1 if the failure relates solely to:
- a) A design or specification prepared by or on behalf of the owner (but not by or on behalf of the Contractor), or
- b) A design or specification required by the owner, if the Contractor has advised the owner in writing that the design or specification contravenes clause 15.1.
- Limitations of liability
16.1 Legislation (including the Act and the Trade Practices Act 1974 (cth)) may imply non-excludable conditions and warranties into this contract. Nothing in this contract is to be taken to exclude, restrict or modify any condition or warranty that the law prohibits from being excluded, restricted or modified. All other conditions and warranties are, to the extent permitted by law, excluded.
16.2 The Contractor’s total liability (if any) is limited under this contract as follows:
- a) For breach of conditions or warranties (express or implied), to resupply of the Work or paying for its resupply: and b) Un tort (including negligence), for breach of statutory duty or on any other basis not covered by subparagraph (a), to the Contract price.
- Cooling off Period If the contract price or the market cost of the labour and materials is more than $20,000 you have cooling-off rights. This means you have the right to cancel the contract if you change your mind, but you must do this within 5 business days.
- Paying a Deposit Under NSW home building law, if the contract price is $20,000 or less, you cannot be asked to pay over 10% of the contract price as a deposit. 19. Further information For contracts over $5000.00 please refer to the Department of Fair Trading website (Mww.fairtrading.nsw.gov.au) to obtain a checklist of questions to assess whether you are ready to sign the contract and to obtain a copy of the consumer building guide.
- Privacy When the Customer enters into this contract, Shock Doctor Electrical Pty Ltd collects personal information about the Customer. Shock Doctor Electrical Pty Ltd requires the personal information to be able to carry out the work and collect payment. It may share the personal information with third party contractors that assist it in this regard. Subject to the Privacy Act 1988 (Cth), the Customer may access any personal information about it held by Shock Doctor Electrical Pty Ltd. For more information, contact Shock Doctor Electrical Pty Ltd Privacy Officer at PO Box 6086, Narraweena NSW 2099 or phone 0438 716 570
- Copyright Assignment Deed
Confidential Information means all information relating to or having a connection with the Contractor and his or her relationship with the Client which is disclosed to or learned by the Client in the course of that relationship, whether or not the information came into existence prior to or after the date of this contract. Intellectual Property means any copyright work or other subject matter created by the Client (whether alone or with others) or a person on behalf of or at the request of the Client:
- i) Describing or claiming to describe, the Contractor or the services provided by the Contractor (or by any partnership or company employing the Contractor) to the Client or to any other person;
ii)Naming or describing the Contractor, or which identifies or is likely to identify the Contractor or the employer of the Contractor (including any work or other subject matter which when taken together with anything else intended to be published or displayed with that work or other subject matter is likely to identify the Contractor);
iii) Naming or describing or which otherwise identifies or is likely to identify the Contractor’s practice or business through or with which the Contractor provides services, or the premises from or at which the Contractor provides services or any employer of the Contractor;
iv). Published or intended to be published in any form or place that directly or indirectly identifies the Contractor or his or her employer.
1.1 In consideration of the Contractor providing and agreeing to provide the services to the Client, the Client assigns to the Contractor the whole of the rights to publish, communicate to the public, perform in public or cause to be seen or heard in public in all the intellectual Property throughout the world and for the full period of copyright.
1.2 The Client agrees to execute any document or do anything reasonably required by the Contractor to give effect to the assignment in clause 1.1 and to give the Contractor the full benefit of the assignment including by taking action to secure legal protection for the assigned intellectual property.
1.3 The Client irrevocably appoints the Contractor as the Client’s attorney to execute any document or do anything reasonably required by the Contractor to give effect to the assignment în clause 1.1 or to enforce the Contractor’s rights to prevent or limit publication and to take down or otherwise remove the publication of the Intellectual Property assigned under clause 1.1. For clarity the Client specifically and irrevocably authorizes the Contractor to communicate with internet Service Providers and hosts or equivalent media in order to seek or demand that material about the Contractor is removed or taken down from the relevant location, page or site.
1.4 Nothing in this Deed or in the provision of the Contractor services shall constitute a licence or permission to publish, communicate, perform or exhibit in public any of the Intellectual Property, and no such licence is to be implied from the conduct of the parties unless specifically agreed in writing and signed by the Contractor.
Confidentiality :The client undertakes to not disclose the Confidential information to any person (other than as required by law) without the written approval of the Contractor; not use the confidential information; take steps (including by legal action) at the Client’s expense to stop the use of the Confidential information by any other party, if requested by the Contractor; and keep and store the Confidential Information secure from unauthorized access. Survival: The obligations in this Deed shall survive and continue after the termination of any other agreement, deed or contract between the Contractor and the Client including any contract for the provision of the Contractor Services.
ALL RIGHTS RESERVED