TERMS OF TRADE

Version Date: 1 June 2023

1. How these terms apply These terms of trade are to be read together with any specific exclusions listed in our Quote, the invoice payment terms on your invoice and any special terms we may state in your Quote.

2. Our Contract Your acceptance of the Quote and these general Terms of Trade together constitute our agreement with you (the Contract). This Contract governs the agreement between XXX Limited (Company Number XXX) of Registered Address XXX (Us) and you, the named customer in the Quote, in respect of the Services.

3. Any reference to ‘us’ in these Terms includes any contractor, employee, assignee, transferees or approved subcontractor that we use.

4. All plans and specifications accompanying these terms, including any variations to such plans and specifications, form part of this Contract.

OUR SERVICES AND OBLIGATIONS

5. Services Your customised terms of trade will be here

6. Subcontractors Your customised terms of trade will be here.

7. Exclusions Your customised terms of trade will be here.

8. Certificate of completion and Records of Work Your customised terms of trade will be here.

9. Updates on timing Your customised terms of trade will be here.

10. No guarantee of concurrent days Your customised terms of trade will be here.

CUSTOMER OBLIGATIONS

11. Pre-Site Works Your customised terms of trade will be here.

12. Payment of Charges Your customised terms of trade will be here.

13. Progress Payments Your customised terms of trade will be here.

14. Scope Changes to a minimum Your customised terms of trade will be here.

PRICE AND DEPOSIT

15. All Quotes supplied as a Cost Estimate by Default Your customised terms of trade will be here.

16. Additional labour hours requests are subject to a Variation Order Your customised terms of trade will be here.

17. Deposit and time for payment of Deposit Your customised terms of trade will be here.

18. Refund of Deposit Your customised terms of trade will be here.

a. Custom text will be here; and

b. Custom text will be here.

19. Balances owing for Custom Materials
Your customised terms of trade will be here.

20. Delivery to you of Custom Materials Your customised terms of trade will be here.

PAYMENTS AND INVOICING

21. Time and method for payment Your customised terms of trade will be here.

22. No set off or deduction Payment of Amounts Owing Your customised terms of trade will be here.

23. If you dispute the amount we claim in our invoice If you receive an invoice and you consider you owe us a lesser amount you must issue Your customised terms of trade will be here.

24. Non Payment of Amounts Owing If you do not pay an Amount Owing by the due date Your customised terms of trade will be here.

25. Debt collection or recovery costs If an Overdue Amount Owing remains unpaid for 14 days or more, we reserve our rights to Your customised terms of trade will be here.

26. Administration Fees In the event We are obliged to perform any additional actions to recover any monies owed by You, Your customised terms of trade will be here.

27. Suspension of Services for Overdue Amounts Owing Your customised terms of trade will be here.

VARIATIONS

28. Variations to Total Price or Time We reserve the right to issue a Variation Order to change the Total Price or extend the time to complete the Services in the following circumstances:

a. Customised to your trade; and/or

b. Customised to your trade; and/or

c. Customised to your trade; and/or

d. Customised to your trade; and/or

e. increases to us for the cost of labour or materials Customised to your Trade; and/or

f. Customised to your Trade.

30. How we will confirm a Variation Your customised terms of trade will be here.

31. Continuation of Services during discovery of a Variation Your customised terms of trade will be here.

32. How we will confirm a Variation if we need to continue the works that day Your customised terms of trade will be here.

33. When Time & Materials applies for Variations Your customised terms of trade will be here.

SUSPENSION AND TERMINATION OF SERVICES

34. Termination by You Your customised terms of trade will be here.

35. Termination of this Contract Your customised terms of trade will be here.

a. Custom terms of termination here; and/or

b. Custom terms of termination here; and/or

c. Custom terms of termination here.

Warranties

36. Consumer Guarantees Act Custom terms of trade here.

37. Defect Liability Period If the Services are defective, we will remedy the defect at no cost to you for a period of custom to your trade.

38. Product variances are Breach of Quality Guarantees Custom to your Trade.

39. Accepted Tolerances are not Defects You agree that the following are accepted tolerances within the your trade sector and will not constitute a breach of any quality guarantee we offer to you at law:

a. Custom to your trade; and/or

b. Custom to your trade; and/or

c. Custom to your trade; and/or

d. Custom to your trade.

40. Such variances do not constitute a product defect and we shall not be liable for any loss or damage suffered by you as a result of such variances

41. When we are not liable to remedy a defect Any workmanship guarantee owed by us to you under relevant laws will not apply where:

a. Custom Terms of trade; and/or

b. Custom Terms of Trade; and/or

c. the fault or defect is a result of:

(i) custom terms of trade; and/or

(ii) custom terms of trade; and/or

(iii) custom terms of trade; and/or

(iv) custom terms of trade; and/or

(v) custom terms of trade; and/or

(vi) custom terms of trade`.

42. Manufacturer Warranty Claims If the Defect Liability Period has ended and there is a manufacturer product warranty custom terms of trade.

RISK

43. Insurance Risk custom terms of trade.

44. Risk in Goods passes to you on completion custom terms of trade.

TITLE TO GOODS, PLANT AND EQUIPMENT

45. Title to goods custom terms of trade.

46. Right to enter Property to seize goods if there are Amounts Owing custom terms of trade.

PERSONAL PROPERTIES SECURITIES ACT

47. Right to register a financing statement custom terms of trade.

48. Waiver of right to receive a verification statement custom terms of trade.

LIMITATION OF OUR LIABILITY

49. Delays to Performance of Services custom terms of trade.

50. Damage to your Property custom terms of trade.

51. Insurance custom terms of trade.

52. Exclusion of our liability custom terms of trade.

53. When limitations of liability cannot apply custom terms of trade.

DISPUTE RESOLUTION

54. Dispute Resolution custom to your trade with process and options for resolving disputes.

LAW

55. Governing Law This Contract shall be governed by the laws of custom terms of trade and the parties irrevocably submit to the exclusive jurisdiction of the courts of custom terms of trade.

56. Severability If and to the extent any provision or part of a provision is illegal or unenforceable, such provision or part of a provision will be severed from this Contract and will not affect the continued operation of the remaining provisions of this Contract.

57. Entire Agreement This Contract sets out the entire agreement between the parties.

58. Construction Contracts Act This Contract is a construction contract as defined under the custom terms of trade.

ACCEPTANCE OF QUOTE/COST ESTIMATE AND CREATION OF CONTRACT

59. Signing not required It is not necessary for this Contract to be signed unless we insist on it. You are bound by these terms if you continue to act in a way that is consistent with the arrangement and discussions you have had with us in relation to the Quote and we have incurred time and expense in procuring materials or commenced any part of the Services or works for or if you have paid a Deposit.

60. Electronic Acceptance The parties agree that any legal requirement may be met by using electronic means in accordance with the custom terms of trade.

END