BACKGROUND:
The Customer/Builder has agreed to the Works as described in the Quote or Invoice.
The Parties have agreed to observe, perform and abide by the terms and conditions as specified in this Quote or Invoice.
1. For the purpose of this Quote/Invoice;
The Price shall mean the contract price as stipulated on the Quote or Invoice.
Sub-Contract shall mean this Quote or Invoice and any agreement executed by the parties expressed in writing to be supplemental to this Quote/Invoice.
Job Address shall mean the location at which the Works are to commence, as defined in this Quote or Invoice.
The Work shall mean the works or goods or services described in this Quote/Invoice or signed sub contract agreement.
Modification shall mean any increase or decrease in or omission from the Works; changes in the character or quality of any material or work; changes in the levels, lines, positions, locations or dimensions of any part of the Works; execution of additional work.
Reasonable time shall mean minimum 1 weeks notice.
2.0 TIME FRAMES: The Works lead in times for new homes: • Rough in – minimum 7 days (phone call or email from Customer /site supervisor required)
• Fit off- minimum 7 days (phone call or email from Customer /site supervisor required)
• Commissioning - minimum 7 days (phone call or email)
2.1. If less than 7 days notice is given to the sub contractor to complete works and they are unable to fit the job in due to lack of notice and the Customer /Builder chooses to bring in other contractors to complete works, all warranties will be void and the works completed by other contractors will be paid for by the Customer /Builder. The sub contractor will still be paid in full for the job order.
2.2 Any modification to job commencement date where possible must be in writing at least 48 hours prior to booking date. It is requested that Customer /Site Supervisors contact Contractor verbally several days (3 or more days) prior to commencement date for any unforeseen delays.
2.3 Any cancellation or postponement less than 48hrs prior to job date will incur materials restocking fee as charged by our suppliers.
2.4. The Works price includes labour and materials for;
Rough-in, Fit off and Commission only, unless stated otherwise.
If extra call outs are required for a particular reason and this does not fall under Heatwaves or the Units Warranty the Customer /Builder will incur the respective cost for such call out. Note: Heatwave can provide all electrical if requested by Customer /Builder for any job.
3.0 MODIFICATIONS to the stated quote/invoice requested by the Customer /Builder must be sent to the Contractor in writing minimum 2 weeks before works are to commence. The Customer /Builder will be charged accordingly for this modification. A quote for modification cost may be sent upon request only.
3.1 Where modifications are required due to plumbing regulations and safety regulations the Customer /Builder will incur all relevant costs.
3.2 If the Customer /Builder requests any modification to the works during or after installation at rough-in or fit off, the outstanding account must be paid in full before any such works will be modified. This modification will proceed after approval by the Owner/Builder only. If a client requests a modification they must go through the builder for this request.
3.3 The sub contractor shall carry out requested modification at a time that suits the contractor only if it complies with plumbing regulations and specifications for correct installation of heating/cooling units that ensure the warranty will not be void by suppliers. A reasonable time to complete the modifications will be allowed by the Customer /Builder.
4.0 WORKS: Sizing is calculated to and designed to suite buildings constructed to Australian standards for location of buildings unless otherwise requested and / or specified in quote. The appropriate sizing of units will be the responsibility of Heatwave.
5. Heatwave carries a 6-year warranty on all labour.
6. The Customer /Builder shall indemnify the Contractor against any loss or damage of whatsoever nature that may arise from the existing condition of the property. All care is taken during installation however no responsibility is taken for damage due to existing condition of house/unit.
7.0 TERMS OF PAYMENT: 7.1 Unless otherwise agreed by Heatwave in writing, payment must be made without deduction, retention or set-off of any kind, upon completion of installation.
7.2 Heatwave requires 10% non refundable deposit to be paid at the time of the Customer placing its order + payment on the day of completion for all jobs.
7.3 Heatwave may apply a payment received from the Customer to any amounts owed by the Customer (including interest, part payment of an invoice, administration, collection and other cost) in any order.
Builders - Strictly payment within 14 days from invoice date. All accounts that are outstanding over 14 days will incur interest penalties.
7.4 Interest is payable on overdue accounts at the rate prescribed under the Penalty Interest Rates Act 1983 (Vic) plus an additional 3% and a monthly Administration cost of $25 will apply. If the account continues to be outstanding over 30 days then any collection costs incurred will also be charged on the overdue accounts.
7.5 If non payment continues beyond 30 days for any job order the subcontractor will cease all existing works for the builder until such time that the outstanding account is settled. Heatwave may commence legal action with Malkin Lawyers.
7.6 If the outstanding account exceeds 60 days the property in Products shall not pass to the Customer until payment in full and of all monies owed to Heatwave and Heatwave reserves the right to take possession and dispose of Products as it sees fit at any time until full payment; the Customer grants permission to Heatwave to enter any property to recover the Products and with such force as is necessary; the Customer agrees that a certificate purporting to be signed by an officer of Heatwave identifying Products as unpaid for shall be conclusive evidence that Products have not been paid for and of Heatwave's title to those Products.
7.7 GOODS REMAIN THE PROPERTY OF HEATWAVE HEATING AND COOLING PTY LTD UNITL PAID IN FULL.
7.8 As per security Act 2002.
7.9 Heatwave requires the following payments unless there is a special request or arrangement made in writing prior to job commencing.
10% non refundable deposit before units are ordered + payment on the day of completion for all complete jobs.
Builders only: Rough Ins' - 80% payment is required within 14 days of rough in. Then final payment is required within 14 days of fit off.
Please pay via Electronic Funds Transfer or Bank Cheque or Cash, Credit Cards Welcome 2% charge will apply on all credit card transactions.
BANK TRANSFER DETAILS:
Account Name: Heatwave Heating & Cooling Pty Ltd
Bank: Commonwealth
BSB Number: 063 – 733
Account Number: 10303500
8.0 Where the Customer has not signed a quotation or other order with Heatwave binding it to these Terms and Conditions, the Customer acknowledges and agrees that by placing an order with Heatwave and/or engaging Heatwave to provide goods and services, the Customer agrees to be bound by these Terms and that these Terms will govern the Customer's dealings with Heatwave.
I/WE HAVE READ THE ABOVE TERMS & CONDITIONS & ACCEPT & AGREE TO THE ABOVE TERMS & CONDITIONS AS STATED:
Last Updated: 04-08-2010
