Terms and Conditions

This Schedule should be read and understood in conjunction with Bellingers Electrical Contracting Standard Commercial Credit Terms and Conditions of Trade on which basis all Goods and Services of Bellingers Electrical Contracting are provided.

For ‘Do and Charge’ work the Client will pay Bellingers Electrical Contracting the following labour rates and charges expressed in $AUD excluding GST.

Labour Rate

$88 inc GST

Normal Hours – Tradesman

$80

After Hours – Tradesman

$110

Hours

Time is charged in minimum increments of 15 minutes. Normal Hours occur between 6.00am and 6.00pm Monday to Friday excluding Public Holidays. After Hours occur at any time outside of Normal Hours including evenings, weekends and Public

Holidays

Generally there is negligible if any benefit to Bellingers Electrical Contracting of work schedules involving After Hours labour, so for the benefit of all parties we encourage the scheduling and completion of all jobs within Normal Hours of work if possible. Where the Client requires urgent completion that necessitates the payment of overtime rates to Bellingers Electrical Contracting personnel, After Hours labour rates will apply.

Incidental Hours

Any time required of Bellingers Electrical Contracting personnel to comply with work site or other regulations such as attending inductions and/or safety briefings, conducting safety inspections, completing Safe Work Method Statements and/or Job Safety Analysis forms, etc is charged at applicable labour rates.

Non-standard Materials

Bellingers Electrical Contracting vehicles are stocked with the most common items required to perform routine repair and maintenance tasks; but if a particular item is required, a trip to the local electrical wholesaler may be necessary. The time taken to obtain the required items will be charged to the Client at applicable labour rates,
and the items obtained from the wholesaler will be charged at industry standard trade plus 30%.

Minimum Hours

A minimum of 1 hour per person in attendance is charged for site work.

Teamwork

Unless otherwise specified, a Tradesman is accompanied by an Apprentice or Trades Assistant as the improvement in productivity occasioned by a team effort involving a lower cost resource almost always serves to reduce the total labour charge for work completion.

Call Out Fee

In addition to site charges for labour and materials, a flat rate Call Out Fee of $240+GST per job is levied to offset the cost of travel time, motor vehicle usage and fuel within the metropolitan area.

Minimum After Hours Call Out

A minimum of 3 hours per person in attendance is charged per After Hours Call Out job within the metropolitan area. Such work is normally attended by a single Tradesman.

Material Charges

Goods and materials supplied in the provision of Services are priced according to Bellingers Electrical Contracting’s current Catalogue.

Expenses

All incidental expenses incurred by Bellingers Electrical Contracting personnel in attending the work site – including but not limited to parking and tolls – are charged to the Client at cost plus 30% to offset the burden of administration and interest.

Allowances

Any site allowances or other site specific payments required of Bellingers Electrical Contracting for the performance of work are charged to the Client at cost plus 30%.

Plant and Equipment Charges

All expenses incurred by Bellingers Electrical Contracting in relation to the hire and running of any plant or equipment required to complete a job is charged to the Client at trade plus 30%. Where such plant and/or equipment is owned by Bellingers Electrical Contracting a charge is levied as if comparable plant or equipment had been hired.

Travel and Accommodation Charges

Travel and accommodation for attending a work site outside the metropolitan area (that is, more than 60 kilometres from the GPO) will be chargeable including labour time (Normal Hours and After Hours as applicable) and expenses which may include airfares, train-fares, taxi-fares, vehicle hire, overnight accommodation, meals, etc. Travel and accommodation arrangements booked and paid in advance by the Client will avoid the 30% expenses administration charge.

Payment Terms and Overdue Charges

Bellingers Electrical Contracting submits invoices immediately after completion which are. Any amounts overdue on the last day of the calendar month will attract a late payment fee calculated at 2% of those amounts unless discussed with Bellingers Electrical Contracting prior to end of month.

1. Definitions

Client means any party engaging or proposing to engage the services of Bellingers Electrical Contracting Pty Ltd, either verbally or in writing, and has the same meaning as buyer, customer,  consumer or purchaser.

Bellingers Electrical Contracting means Bellingers Electrical Contracting (ABN73 186 723 998 ).

Goods means tangible goods, tangible items, tangible parts, tangible products or tangible benefits.

Services means design, work, intangible goods, intangible products or intangible benefits. Work Site means a single location or multiple locations relating to the performance of work (Services) by Bellingers Electrical Contracting for the Client or for the delivery of products, materials or Goods by Bellingers Electrical Contracting for the Client,other than the premises of Bellingers Electrical Contracting.

2. Agreement

In engaging Bellingers Electrical Contracting for the performance of any Services, or for the supply of any Goods, the Client acknowledges acceptance of these Terms and Conditions of Trade, the associated costs and charges for Services and Goods, and agrees to make payment for such under the terms for payment set out herein. The Client acknowledges that it has represented ability to pay for the Services to be completed and the Goods to be supplied.

On entering into this agreement the Client acknowledges it will be deemed to have made a credit application to Bellingers Electrical Contracting. In so doing the Client includes all related parties such as the Director(s)/Proprietor(s)/Partner(s)/ Individual(s) as guarantors who will remain jointly and severally liable for the observance of this agreement.

The Client agrees to provide financial information as is reasonably required by Bellingers Electrical Contracting from time-to-time for the assessment of current and future credit limits only. Such information shall be treated as strictly confidential.

Where Goods are/or Services are supplied to the Client on credit, the Client irrevocably authorises Bellingers Electrical Contracting, its employees and/or agents to make such enquiries as deemed necessary to investigate the creditworthiness of the Client from time-to-time including (but not limited to) the making of enquiries of persons nominated as trade referees, the bankers of the Client or any other credit providers, and the Client hereby authorises the information sources to disclose to Bellingers Electrical Contracting such information concerning the Client that is
within their possession and which is requested by Bellingers Electrical Contracting.

Where a written quotation has been provided by Bellingers Electrical Contracting these Terms and Conditions of Trade shall form part of that quotation, and the written terms of the quotation shall override any contrary terms of this document.

Where a written quotation has been provided by Bellingers Electrical Contracting, all descriptive specifications such as illustrations, drawings, dimensions and the like that are furnished by Bellingers Electrical Contracting are approximate only and intended only to act as a general description of the Goods and/or Services and do not necessarily form part of the contract unless specifically identified as such by Bellingers Electrical Contracting in writing.

Where a written quotation has been provided by Bellingers Electrical Contracting, Client acceptance shall be;
by written notice to Bellingers Electrical Contracting within 30 days of the date of the quotation, or by permitting Bellingers Electrical Contracting to commence any part of the quoted Services, or by receiving delivery of any of the quoted Goods.

Upon acceptance by the Client a binding contract (‘the contract’) shall be created between the Client and Bellingers Electrical Contracting based solely on the terms detailed in the quotation and this document. Furthermore:
No change in the terms of the contract shall be effective unless agreed in writing by Bellingers Electrical Contracting.

The waiver or breach by Bellingers Electrical Contracting of any term of the contract shall not constitute a waiver or breach of any other term of the contract. Bellingers Electrical Contracting reserves the right to decline acceptance before commencement of any works.

In the absence of a written agreement between the Client and Bellingers Electrical Contracting detailing a fixed scope of work and an associated fixed price for the provision of Goods and/or Services by Bellingers Electrical Contracting, the cost for such shall be borne by the Client on a ‘Do and Charge’ basis.

The details of ‘Do and Charge’ works shall generally be detailed on a Bellingers Electrical Contracting Job Card document. The act of signing such a Job Card(s) by the Client or an agent of the Client constitutes acceptance by the Client of the associated charges described in the published Schedule of Rates and Charges of Bellingers Electrical Contracting and of all terms and conditions detailed herein.

Where a Bellingers Electrical Contracting Job Card(s) and other documentation is made available in electronic format, digital signatures are agreed to be equivalent to physical written signatures.

The charges and rates for products, materials, Goods and Services provided by Bellingers Electrical Contracting on a ‘Do and Charge’ basis may be varied from time-to-time at the discretion of Bellingers Electrical Contracting.

3. Estimates and Quotations

All prices quoted by Bellingers Electrical Contracting are in $AUD and are exclusive of GST (Goods and Services Tax) unless otherwise stated.

Unless otherwise stated, all prices quoted by Bellingers Electrical Contracting are based on the work associated with the quotation being performed during times of ordinary rates of pay for labour and on the basis of a 38 hour week occurring between the times of 6.00am and 6.00pm Monday to Friday excluding public holidays. Work required by the Client to be performed outside of these hours shall be additional to the agreed price and calculated at after hours rates.

Unless otherwise stated, all prices quoted by Bellingers Electrical Contracting exclude allowance for site inductions which will be chargeable in addition to the agreed price.

All prices quoted by Bellingers Electrical Contracting are valid for thirty days from the date of issue unless otherwise stated.

All prices quoted by Bellingers Electrical Contracting and detailed as “Budget Price” or “Budget Estimate” or wording with similar meaning are best estimates only and do not constitute a fixed price offer.

All prices quoted by Bellingers Electrical Contracting are based on the published AEEMA copper index and relevant foreign currency exchange rates as at the date of the quotation. Movements in this index or foreign currency exchange rates between the issue date of the quotation and acceptance by the Client shall entitle Bellingers Electrical Contracting to vary the quoted price accordingly.

All prices quoted by Bellingers Electrical Contracting do not include any payment that may be required to any statutory body unless otherwise stated.

All prices quoted by Bellingers Electrical Contracting are conditional upon the Work Site being free from asbestos and other toxic substances and should asbestos or other
toxic substances become evidentthen the Client shall accept full responsibility and costs for the resolution of any problems arising as a result of such substances.

All prices quoted by Bellingers Electrical Contracting are based on the Client clearly providing, identifying and marking all necessary survey and datum points.

All prices quoted by Bellingers Electrical Contracting involving excavation, trenching, backfill and the like do not include allowance for the encounter of rock, shale or water during the performance of any associated works nor for any specific compaction other than free fill by gravity. Additional charges incurred for the identification, breaking, removal, transportation and disposal of rock, shale or water and/or compaction to levels other than free fill by gravity shall be borne by the Client.

All prices quoted by Bellingers Electrical Contracting are based on Bellingers Electrical Contracting being permitted to excavate by machine where excavation is required for the execution of the work detailed in the quotation. If the Client requires that Bellingers Electrical Contracting perform excavation work by hand then Bellingers Electrical Contracting shall be entitled to vary the agreed price to take into account additional costs associated with hand excavation.

If the Client fails to advise Bellingers Electrical Contracting in writing prior to the commencement of any excavations of the location and type of underground services and such services are damaged by Bellingers Electrical Contracting then the Client shall indemnify Bellingers Electrical Contracting against any loss, damage or expense of whatsoever nature incurred in making good any loss or damage that Bellingers Electrical Contracting may make to the underground services.

All prices quoted for Goods are for delivery to Bellingers Electrical Contracting. Costs and charges for freight and handling from the point of delivery to the Client, the Client’s Work Site, or the Client’s agent are payable by the Client unless otherwise stated.

10. Payment

Payments must be made within 7 days of the date of invoice.

Bellingers Electrical Contracting shall submit weekly progress claims on a day nominated by Bellingers Electrical Contracting in respect of both those identifiable parts of work completed for the Client by Bellingers Electrical Contracting and any identifiable unfixed materials and/or goods stored by Bellingers Electrical Contracting which are intended for supply and/or installation as part of work performed or to be performed by Bellingers Electrical Contracting for the Client.

The Client agrees and acknowledges that at the absolute discretion of Bellingers Electrical Contracting a late payment administration fee of 2% per month will be levied on any or all amounts in default of the agreed payment terms as recorded at the end of each calendar month, which may be levied retrospectively.

The Client will indemnify Bellingers Electrical Contracting for any legal costs incurred (including but not limited to charges and commission charged by mercantile agents) in respect of any credit application, agreements, personal guarantees, securities given or other documentation required whilst credit is being offered in consequence of this agreement, and the Client further agrees to indemnify Bellingers Electrical Contracting for any dishonoured cheque fees incurred and in the event that the Client’s account is in default of the agreed trading terms to indemnify Bellingers Electrical Contracting against its collection fees and legal costs.

Any payments tendered by the Client to Bellingers Electrical Contracting shall be applied as follows:

Firstly as reimbursement for any collection costs incurred by Bellingers Electrical Contracting,

Secondly as payment of any interest charged to the Client, and Thirdly in satisfaction or part satisfaction of the oldest portion of the Client’s account.

Bellingers Electrical Contracting may withdraw credit facilities to the Client at any time without notice. Without limiting Bellingers Electrical Contracting’s rights to withdraw credit, Bellingers Electrical Contracting reserves the right to stop supply and place the account on hold until the account is returned to the agreed trading terms and Bellingers Electrical Contracting agrees to recommence supply.

11. Warranties

Bellingers Electrical Contracting warrants that all materials and workmanship comprising the works shall conform with the current edition of the AS/NZS 3000 Wiring Rules and the requirements of any authority regulating the supply and use of electricity or electrical installations in force on the date of the performance of the works.

Bellingers Electrical Contracting will rectify any defects in materials or workmanship of Bellingers Electrical Contracting appearing in any section of the works within 90 days of the date of practical completion of that section.

Any otherwise applicable warranty shall be voided by:

Modification to any work performed by Bellingers Electrical Contracting, or modification to any products, materials or Goods supplied by Bellingers Electrical Contracting, by any party other than the employees or authorised agents of Bellingers Electrical Contracting; or

Failure to sufficiently maintain any associated work performed by Bellingers Electrical Contracting, or failure to sufficiently maintain any associated products, materials or Goods supplied by Bellingers Electrical Contracting; or

Misuse or use in any manner other than that intended of any work performed by Bellingers Electrical Contracting, or misuse or use in any manner other than that intended of any products, materials or Goods supplied by Bellingers Electrical Contracting.

Any defects or failures attributable to the activities of other trades, structural loads, vandalism or other acts and/or circumstances beyond the control of Bellingers Electrical Contracting.

Bellingers Electrical Contracting warrants all Goods supplied for the lesser of 90 days or the period of the manufacturer’s warranty.

For Goods warranty cover beyond 90 days it is the responsibility of the Client to establish a warranty relationship with the applicable manufacturer(s) by ensuring that warranty registration requirements are complied with.

12. Risk and Liability

The liability of Bellingers Electrical Contracting in contract or in tort for any act, omission or default arising from the design or provision of any Service or arising from the supply of any materials, products or Goods shall not extend to any consequential, economic or indirect losses.

The Client retains liability for all risks associated with any work, in part or in full, performed by Bellingers Electrical Contracting on the Work Site, and for all risks associated with any products, materials or Goods supplied or installed, in part or in full, on the Work Site at all times. The onus for insurance against such risks rests with the Client.

The Client shall ensure that the employees and agents of Bellingers Electrical Contracting in carrying out work for the Client shall not be exposed to any risk to health or safety. The Client shall indemnify Bellingers Electrical Contracting in the event that an employee or agent of Bellingers Electrical Contracting sustains injury or deterioration of health in consequence of a breach of this provision.

13. Insurance

Worker’s Compensation and Public Liability insurance shall be effected by Bellingers Electrical Contracting in relation to and during the course of any work performed by Bellingers Electrical Contracting for the Client.

Such insurance shall cover the interests of Bellingers Electrical Contracting only.

The Client shall insure the works in the joint names of the Client and Bellingers Electrical

Contracting and shall maintain such insurance until completion of the works.

The Client assumes responsibility for insurance of all Goods at point of delivery.