Terms & conditions
The conditions set out below by J Evers Pty Ltd incorporate the statutory conditions as set by the NSW Department of Fair Trading to protect the rights of both consumers and tradespeople. By signing our work authority you are hereby accepting these terms in full.
- The person signing the authority to Perform Work shall for the purposes of this agreement be deemed to be duly authorised to engage the Company for the purpose of carrying out the plumbing, drainage, electrical or pool work referred to on the invoice.
- All warranty works or repairs for any plumbing, drainage, gas fitting, drain cleaning, electrical or pool work will be carried out during normal trading hours 1pm to 4pm Monday to Friday. This company does not provide after-hours repair service for warranty claims.
- If during the course of drain cleaning works our equipment is caught, jammed or broken off in the drain being cleaned all costs incurred by the company for the recovery of equipment is to be met by the signing the Authority.
- Members discounts are only available to fully paid members, In the event the membership is not current, or the membership contract is broken before the full term then the signing Authority agrees to forfeit any discounts applied and pay the full amount owed.
Plans and specifications
- All plans and specifications for work to be done under this contract, including any variations to those plans and specifications, are taken to form part of this contract.
- 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 or on behalf of each party to this contract.
Quality of construction
All work done under this contract will comply with:
- the Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979 (including any instrument made under that Act)
- all other relevant codes, standards and specifications that the work is required to comply with under any law
- the conditions of any relevant development consent or complying development certificate and any construction certificate.
This contract may limit the liability of the contractor for a failure to comply with (1) if the failure relates solely to:
- a design or specification prepared by or on behalf of the owner (but not by or on behalf of the contractor), or
- a design or specification required by the owner, if the contractor has advised the owner in writing that the design or specification contravenes (1).
Payment by owner
The owner must pay the Contract Price in the manner shown in the Payment Schedule. The Contract Price includes all matters (including GST) that could be reasonably expected to be necessary for the completion of the work. The work will be complete when it is finished in accordance with this contract, free of apparent defects and all rubbish and surplus material removed from the site. The owner must pay the amount due on satisfactory completion of the work, or each stage of the work if applicable, within 5 business days of receipt of written notice from the contractor.
If the approval of the local council or other statutory authority is required to carry out the work and that approval has not been sought at the date of this contract, the contractor must apply for and pay all fees for such approval. If any approval required is not obtained within 60 business days from the date of this contract either party may terminate the contract by notice in writing. If the contract is terminated in accordance with this clause the contractor is entitled to be paid all reasonable costs associated with applying for approval.
Time for completion
The contractor must complete the work within the Completion Period which runs from the date of this contract or, if any approval for the work is to be obtained, from the date of written notification of that approval whichever is later. The contractor will be entitled to a reasonable extension of time in the event of delays to the work where the cause of the delay is beyond the contractor’s control including but not limited to, inclement weather, industrial disputes or variations to the work. The contractor must take all reasonable steps to minimise any delay to the work. Any claim for an extension of time must be notified in writing to the owner within 10 business days.
Variations to work
The work including materials may be varied by written agreement between the owner and the contractor. A notice describing the variation, the cost of the additional or omitted work and any change to the Completion Period must be provided to the owner, and the notice must then be signed and dated by both parties to constitute acceptance. The price of extra work, which includes GST, will be added to the Contract Price. The cost of omitted work will be deducted from the Contract Price.
Prime cost items and provisional allowances
The Contract Price includes the items described in the Prime Cost Items Schedule and the Provisional Allowance Schedule (to be attached) for which a definite price is not known. The installation of prime cost items and connection to services, unless otherwise specified, is included in the Contract Price. If the actual cost of the prime cost item or provisional allowance item is less than the amount allowed, the Contract Price shall be reduced by the difference. The contractor’s margin to cover overheads, supervision and profit for those items shall be _______% (if not completed 10% is deemed inserted). This amount will be added to the Contract Price.
Insurance of work and personal injury
Before the contractor commences any work under this contract or is given access to the site, the contractor must have current insurance cover for:
- 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
- workers’ compensation insurance to cover any employees (if requested the contractor must provide the owner with proof that all such insurances have been taken out and are current), and
- property damage insurance for the work (including work in progress and materials) for the full reinstatement and replacement cost.
Contractor’s indemnity in favour of owner
The contractor will indemnify the owner against any loss or liability for death, personal injury or property damage arising out of the work under this contract, except to the extent that the owner or, owner’s representative contributed to the loss or liability.
Damage to property
The contractor must make good any loss or damage to the work or property of the owner caused by the contractor or the contractor’s employees, agents or subcontractors. The owner must remove any furniture or personal goods from the vicinity of the work to minimise the risk of damage.
Access for contractors
The owner must provide access for the contractor and any employee or subcontractor of the contractor to carry out the work as required during work hours allowed by relevant statutory authorities. The owner must remove any personal property likely to impede the work.
On completion of the work, the contractor must remove from the site all plant and equipment and dispose of all rubbish, excavated material, vegetation, demolished or dismantled structures and surplus material relating to the work. All demolished, dismantled and surplus material will be the property of the contractor unless otherwise specified in the description of work.
The contractor must make good any omissions or defects in the work or materials which become apparent within the period of 13 weeks from the date the work is completed. The owner must notify the contractor in writing of any work or materials to be rectified or replaced no later than 10 working days after the expiry of the 13-week period. The contractor must promptly make good the work or materials at the contractor’s own expense.
If the owner or contractor considers a dispute has arisen in relation to any matter covered by this contract, that party must promptly give the other party written notice of the items of dispute. The parties may confer with a mutually agreed third party to assist to resolve the dispute by mediation. If the dispute cannot be resolved the owner may notify Fair Trading that a building dispute exists and seek Fair Trading’s assistance to resolve the dispute. If the contractor has provided you with home warranty insurance, the home warranty insurer should be notified of any dispute which may be a prospective claim on the insurer.
If the contractor becomes bankrupt or goes into liquidation, administration or is otherwise without full capacity; fails to complete the work within the completion period, or if no completion period is agreed, within a reasonable time; fails to remedy defective work or replace faulty or unsuitable materials then the owner may, where such default can be remedied, issue a written notice requiring the contractor to remedy the default within 10 business days of receipt of the notice by the contractor or within such other reasonable period as may be agreed. If the default is not remedied within the 10 business days or other reasonable period as agreed, or is not capable of being remedied, the owner may terminate the contract by written notice to the contractor. If the owner fails to make payment due under the contract or denies access to the site to the contractor to prevent the work from proceeding, the contractor may issue a written notice requiring the owner to remedy the default within 10 business days of receipt of the notice by the owner. If the default is not remedied, the contractor may terminate the contract by written notice to the owner.
Giving of notices
Any written notice required to be given under the contract or under the cooling off provisions under the Home Building Act 1989 may be served by:
- giving it to the party personally,
- leaving it at the party’s address shown in the contract, or
- sending it by registered post to the party’s address shown in the contract