Terms and Conditions of Trade of PortSparky – ML Mason Electric
Acceptance of Conditions
By submitting a work order or accepting a quotation, the customer consents to these conditions, which may only be amended in writing by Port Sparky.
Terms of Payment
Final invoices are due within 14 days of issuance. A late fee of 10% per month, compounded on the original invoice amount, will apply for invoices unpaid past their due date, calculated from either the invoice due date or the job completion date at Port Sparky’s discretion. The customer will bear all costs of debt recovery if necessary.
Installation Works
Monthly progress claims will include all unfixed materials on site, materials and equipment stored off-site, approved variation works, and 80% of unapproved variation works in progress. Initial claims may also include up to 10% of the contract value for mobilization, setup, and procurement.
For Light Fittings
Progress claims will be made at 20% on order placement, 50% on delivery, 25% on completion of fit-out, and 5% on completion of works testing.
For General Works
Progress claims will be made at 20% on order placement, 40% on rough-in completion, and 40% on works completion prior to certification.
For Testing, Maintenance, and High Energy Services
Claims up to 95% of completed works will be made monthly, with the final 5% due upon presentation of test reports. Payment terms are strictly 14 days from the claim or invoice date.
Price Basis
Quoted prices assume supplier items and materials can be ordered and stored on or off-site with storage certificates issued, and payment for materials held in storage made.
Taxation
Any new or additional taxes affecting costs during the contract term will be added to the contract sum.
Rise and Fall
Prices are based on labour and material costs at the quotation date and are subject to price adjustments per the NECA (State Chapter) Standard Price Variation Formula.
Copper Variation
Prices related to copper-based products will be reviewed and fixed at the agreement date due to market volatility.
Site Productivity Allowance
Unless stated in writing, Port Sparky’s quotations exclude allowances for Site Allowances. Reimbursement will include direct costs plus statutory, overhead, and 20% administrative costs.
Site Amenities and Ablutions
Site amenities and ablutions are assumed to be provided free of charge.
Special Payments
No provisions for special site agreements, awards, or disability allowances are included unless explicitly stated.
Site Inductions
Site inductions, if required and not specified in the quotation, will be charged to the Customer.
Currency Exchange Rates
Quoted prices are based on the exchange rate at tendering time. Variations in exchange rates will adjust the quoted prices accordingly.
Liquidated Damages
Unless specified, Port Sparky does not accept liability for liquidated damages. If accepted, damages will be capped at 1% of the net contract amount per week, up to 5%, and only applied where directly caused by Port Sparky’s actions.
Confidentiality of Documents & Proprietary Information
All documents and technical information provided by Port Sparky are confidential and shall not be copied or disclosed without authorization.
Consequential Loss Liability Limitation
Liability for consequential or indirect loss is limited to $1.00 unless otherwise specified in the quotation.
Title and Risk of Loss
Title to goods and works remains with Port Sparky until full payment is received. Port Sparky is authorized to access premises to recover goods for which payment has not been made.
Hazardous Materials
Unless specified, Port Sparky’s work assumes a hazard-free environment. The customer is responsible for resolving issues and covering costs related to hazardous materials.
Work Site Access
Unrestricted access to all work areas is assumed.
Live Work Clause
Port Sparky’s live work procedure complies with AS/NZA 4836:2001 and relevant regulations, and may necessitate disconnection or isolation of parts of the installation, incurring additional charges.
Cancellation Fees
A cancellation fee of 20% of the contract value will apply if work is cancelled or rescheduled after confirmation and commencement arrangements.
Service/Delivery by Instalments
Port Sparky reserves the right to deliver goods or services in instalments, with progress payments due as per the Terms of Payment.
Delays/Prolongation
Additional costs due to delays not attributable to Port Sparky will be charged at applicable NECA rates. Port Sparky may claim costs for accelerated work schedules requested by the Customer.
Site Conditions
The quotation assumes that site equipment is in the stated condition. Additional costs due to changes will be treated as variations.
Delivery
Quoted delivery periods are estimates and Port Sparky does not accept liability for delays unless expressly stated.
Australian Standard AS2987
The quotation is based on AS2987 unless otherwise specified.
Warranty
Port Sparky warranties its workmanship for life, limited to correcting faulty connections or fittings. Parts supplied by others are subject to manufacturer warranties.
Precedence
These terms prevail over conflicting terms unless expressly modified in writing or by law.
Information and Drawings
All specifications and illustrations are approximations and do not form part of the contract unless expressly identified.
Insurance
Port Sparky maintains adequate insurance but does not extend coverage for liabilities arising from cross-liability or hold-harmless agreements.
Non-Solicitation
The customer agrees not to solicit Port Sparky’s employees or consultants without prior written consent.
Electrical Safety
Port Sparky reserves the right to isolate power if installations are deemed unsafe and require rectification, with costs borne by the customer.
Contract Conditions
Contract conditions will be mutually agreed upon prior to acceptance of work orders.
Switchboard Replacement and Safety Switches
Additional rectification costs due to pre-existing faults exposed by safety switch installation will be charged to the customer.
Defective Works
Costs incurred from rectification due to differing interpretations of standards by inspection bodies will be passed to the customer.
Rubbish Removal
Rubbish consolidation is included; disposal will be considered a variation.
Discounts and Promotions
Discount terms are limited and must be disclosed to Port Sparky at the time of invoicing. Discounts apply after GST and cannot be combined.