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Terms and Conditions

Upon acceptance of this quotation, a binding contract (the contract) shall be created between the contractor and the client solely on the these terms contained herein.

The Contractor will carry out "the Works" described in this quotation for "the contract sum", which may be varied pursuant to these conditions.  This contract may only be accepted within the date of expiration herein by written signature, if not accepted, the contractor reserves the right to revise it.

All payments due within 7 days of invoice. There will be a charge of $25 and 10% of invoice amount due for any late payments.  Progress payments are due and payable at the time of Invoice generally set at 60% payment upon contract acceptance; 30% payment payable upon 50% original work completion; 10% payment payable upon completion billing.  

Within fourteen (14) days after acceptance of this quotation (or as otherwise agreed), the client shall give the contractor possession to the site, sufficient to enable the works to commence with the understanding that work hours are Monday through Friday, 8:00 am to 6:00 pm.   If a work schedule is not submitted or agreed upon, the contractor shall complete the works within a time that is reasonable in all circumstances.

If the client requests or upon further inspection, the project requires any variation in the works during the contract, including but not limited to any variation in materials or dimensions, or variations arising from inaccuracies in Bills of Quantities or other documents supplied to the contractor for quotation purposes, the contractor shall, in accepting the variation, as the case requires (including an allowance for materials already manufactured or procured, or work already done, but not required) and shall be entitled to a reasonable extension of time to complete the works, as varied.

Contractor shall not be liable for date of completion time extensions that occur from Acts of God, product shipment delays, client requests, change orders, delays caused by third party construction.  In such cases, client agrees to maintain original payment schedule.

No change in the terms of the contract shall be effective unless agreed in writing by the contractor.  The waiver by the contractor of a term or a breach of any of these terms shall not be deemed to be a waiver of any other term or any subsequent breach of that or any other term.

Any claim against the client may have against the contractor shall be deemed to be waived if not made in writing within ten (10) working days from the date of the event giving rise to such claim.

The contractor shall not be liable for any damage to or loss of materials or the works caused by the client, the clients employees or third parties.

The contractor warrants that all materials and workmanship comprising the works, shall conform with the current electrical codes in force on the date of the performance of the works.  The contractor will rectify any defects in materials or workmanship of the contractor appearing in any section of the works within 12 consecutive months from the date of handover of that section.  Contractor shall not liable for any warranty that has been given by a third party in respect of materials and workmanship supplied by that third party to the contractor and incorporated in the works, if such third party does not honor said warranty for any reason.  Any defects appearing in the works, caused by the use by the client or any third party of faulty materials or workmanship, or attributable to the activities of other trades, structural loads, vandalism or maltreatment, are excluded from the provisions of the warranty.

Under no circumstances whatsoever shall the contractor be liable in contract or in tort or otherwise, for loss, expense or damages incurred, sustained or suffered by the client in an amount exceeding 10% in monetary value of the contract sum.

The contractor may suspend the works, or terminate the contract and repossess any unfixed portions of the works, not yet paid for by the client.  If the client either fails to perform or observe any term of the contract (including the terms of payment), or enters into an agreement or arrangement with its creditors, a liquidator, or files for bankruptcy, such suspension or termination shall not affect any rights of the contractor as a result of default of the client.  The contractor shall be entitled to be reimbursed for any loss or damage sustained as a result of the default of the client, including any loss sustained through the suspension and subsequent resumption of the works.

If the client requests cancellation of the contract, client shall pay for work done including special order product pursuant to the contract to the date of such request and shall pay the contractor compensation for all losses (including consequential losses, lost profits and the loss of prospective profits) suffered by it as a result of such cancellation.

The client shall keep secret and confidential and shall not disclose to any third party without prior written consent of the contractor any information, data, specification, drawings, reports, accounts or other documents and things supplied or made available the contractor to the client or brought into existence by the contractor for the purpose of performance of the works set out herein.

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