1.            The “Client” is the individual person or the Company seeking the Services of Engcon.

2.            Services is deemed to include the Works (Labour) and Materials (goods, materials, transportation, equipment or the hire of specialised equipment or labour) required to complete the Estimate or Outlined Scope of Work

Estimates and Engagement of Services

3.            All Estimates for work are subject to the expiry date of the issued Estimate, after which value of work, labour, materials, scope of work, or other deliverable factors may change and will impact the Estimate. This may result in a new Estimate being issued.

4.            Services covered by the Estimate are limited to those expressly detailed in the Estimate Document and to be undertaken in the Estimate.

5.            Engcon is entitled to vary the Estimate if the Estimate is accepted after 14 days of the date of the Estimate to take into account:

i.              Any associated Services required to successfully complete the works not expressly stated in the Scope of Work to be undertaken in the Estimate.

ii.             Any additional Services requested or required by the Client after the commencement of the Estimate which were not part of the Estimate specified in the original Estimate.

iii.            Any increase in the cost of the Materials required. iv) Any price variation from a third party engaged to complete the works.

iv.           Engcon does not provide a guarantee on any Materials associated with the Estimate, the guarantee is on labour only.

v.            When the Client is informed that the materials supplies by the Client are not of sufficient quality and the Client wishes to go ahead with work using those materials, the guarantee of labour is then void.

vi.           Engcon reserves the right to require the payment of a 50% deposit prior to commencing the Estimate or any work of the value of $1000.00 and may also require progress payments to be made upon partial completion of work, as outlined in the Estimate.

6.            Engcon will endeavour to schedule for commencement and completion as soon as possible after acceptance of the Estimate. However, this may be dependent on the availability of Materials, Public Holidays and weather conditions.

7.            To the extent permitted by law, the liability of Engcon in contract, tort or otherwise which may arise directly or indirectly in respect of the supply of Services or any act, failure or omission of Engcon pursuant to the Estimate is limited only to the amount payable by the Client under this Estimate.

Engcon will exercise all reasonable care, skill and diligence in undertaking the work, will ensure the works are of sufficient quality and will undertake the work within a reasonable time of the Client’s acceptance of the Estimate. The Client only has a right to a remedy from Engcon in relation to the Estimate when the work undertaken by Engcon does not meet the consumer guarantees described in the Australian Consumer Law with respect to the supply of services.

Cancellations and Payments

8.            Cancellation of any accepted Estimate may incur a fee to cover any costs actually incurred by Engcon in commencing the work including the purchase of any Materials.

9.            All Materials utilised for any work remains the property of Engcon until the Client has made full payment of the account for the completed Estimate and/or allocated Invoice for completed work.

10.          Time to travel to and from site location, time to source and purchase materials (if required), time on location to complete tasks and time waiting on Client decisions is chargeable.

11.          All accounts are to be paid within 14 days of the invoice date.

12.          Engcon normal trading hours are 7am–5pm Monday to Friday. Services performed (at the Client request) outside those hours or on a Public Holiday will, at the Contractor’s discretion, incur additional charges.

13.          The Client will, at the discretion of Engcon incur, additional charges when the Services are required in Emergency situations. Emergency is a situation that needs to be attended to within a 2-hour time frame of a request for Services or outside the nominated normal trading hours.

14.          The Client shall provide exclusive site access to Engcon to complete the Services. Any costs for parking at site, or losses or expenses incurred by Engcon due to interrupted site access will be charged to the Client. Any losses or expenses incurred by Engcon for use of public infrastructure for parking if the Client is unable to provide private infrastructure will be charged to the Client.

15.          In the event, that the agreed progress payments are not honoured by the Client, Engcon reserves the right to halt work until such time the outstanding payment is forthcoming.

16.          Engcon reserves the right to charge Administration fees with a Weekly fee of twenty-five dollars ($25.00) plus GST for accounts not paid within Engcon’s agreed payment terms. The fee will be applicable starting from the Invoice Due Date.

17.          The Client must pay the damages to Engcon any costs, expenses or losses incurred by Engcon as a result of the Client’s failure to pay to Engcon all sums outstanding as owed by the Client to Engcon including without limiting the generality of the forgoing any debt collection and legal costs incurred in enforcing payment on a solicitor and own client basis.

Work and Variations

18.          Where there are variations to an accepted Estimate or Outlined Scope of Work issued by the Client, the Client shall indemnify Engcon from any additional cost incurred by Engcon, should the Client increase the scope of work to be provided by the Contractor. These variations shall be payable at that time and no later.

19.          Engcon will not be responsible for any problems with the site that are only revealed when work have commenced.

20.          Engcon will carry out any work needed to fix any such problem if it is considered necessary for satisfactory completion of the Estimate or Outlined Scope of Work. Any additional work necessary due to an unforeseen circumstance is a variation and subject to clause 18. If a price is not agreed, the charge will be the actual cost of work incurred by Engcon (including labour, material and operational costs) plus another twenty percent (20%) plus GST.

21.          The hourly rate for ‘Labour’ work may change should Engcon experience latent conditions or obstacles requiring the hire of special equipment or Labour to complete the Estimate.

22.          Engcon reserve the right to charge cost plus on equipment, tools and operation sundries, hire of equipment, specialised skills, materials and fuel to complete the Estimate or Outline Scope of Work provided to the Client. The rate is total costs plus 10% plus GST. If an exact value of this cost cannot be calculated then Engcon will use their best discretion to approximate a ‘fair’ value.

Warranties and Liabilities

23.          Engcon reserves the right to make null and void any expressed warranties should any Materials be reinstalled elsewhere, modified, altered, damaged or put to any undue stress other than in the way the Materials were designed to perform.

24.          Engcon will not be held liable for any damage to, or repairs required when drilling, screwing or nailing into walls, floors, ceilings or any other part of the client’s property. It is possible when drilling, screwing or nailing into walls, floors, ceilings or any other part of the client’s property to accidently damage hidden electrical wiring, plumbing or other objects or services. We will not be held liable for any damage of this nature incurred on the client’s property. We will not be held liable for any costs incurred by the clients to rectify damage caused by Engcon.

25.          There is no Warranty provided by Engcon for Labour or any product or service installed, issued, delivered or carried out by Engcon. Warranty for any material or product is only what is expressed by the Manufacturer or Supplier of said materials or products. Engcon is not liable or will incur any costs for work that is required to fufil the Warranty of any materials or products supplied by either the Client or Engcon.

26.          Notwithstanding any other provision of these Terms and Conditions, Engcon is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:

i)             any increased costs or expenses;

ii)            any loss of profit, revenue, business, contracts or anticipated savings;

iii)           loss or expense resulting from a claim by a third party; or

iv)           any special, indirect or consequential loss or damage of any nature whatsoever caused by any reasonable delay in completing the Works

Privacy, Engagement and Acceptance of Estimates or Outlined Scope of Work

27.          The Client authorises Engcon to collect, retain, record, use and disclose commercial and/or consumer information about the Client, in accordance with the Privacy Act 1988 and the Privacy Principles outlined in the Privacy Amendment Act 2012, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Contractor, a debt collector, credit reporting body and/or any other individual or organisation which maintains credit references and/or default listings. This information may be given before, during or after the provision of credit to the Client.

28.          Acceptance of the Estimate or Outlined Scope of Work is deemed to be accepted by an email detailing acceptance, payment of a deposit, text message or a verbal conversation detailed with time and date

I/We have read and understood these Terms and Conditions and accept them as applying to the Estimate and any Works that are subsequently undertaken by Engcon upon acceptance of the Estimate.

I/We accept these Terms and Conditions and request that Engcon or its authorised Contractors and/or employees proceed with the Estimate or Outlined Scope of Work.