1. Fee and Charges
(1.1) NIXON will charge the client a service charge of $79+GST (discounted from $139+GST) for all clients within 15km of the NIXON branch location. Locations outside this area will have additional travel costs associated.
(1.2) NIXON will carry out “the scope of works” described by the client and listed in the quotation. Any alterations to the scope of works will imply additional costs.
(1.3) If there is any error or omission in the Quote, NIXON reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices on quotes are subject to final costing assessment by NIXON.
(1.4) “Do And Charge” electrical service jobs are charged out at a per item cost basis. The price for our installations are calculated on an itemised price basis which allows for the following:
- Procurement, administration and collection of the materials
- Disconnection and removal of the original component
- Installation of the component
- Testing and verification of the component
- Energy Safety Certification of the component
NIXON reserves the right to alter prices of our per item charge to match the scope of works.
(1.5) Fault finding minimum charges do apply. An allowance of 45 minutes has been made to diagnose a fault in this fee. If the fault takes longer than 45 minutes fault finding will be charged in 30 minute increments of our labour rates until the fault is located.
Repairs required will be quoted on locating the fault if necessary. The rates will be as follows:
Minimum Charges:
LOCAL(<15km from NIXON branch location) – Minimum Fault Finding Charge Service Call: $220+GST
OUTSIDE OF LOCAL AREA (>15km from NIXON branch location) – Minimum Fault Finding Charge Service Call : $220+GST + Travel Costs
If Fault Finding takes >45 Minutes:
30 Minutes Fault Finding & Diagnostic Rate = $150+GST
2. Terms of Payment
The client must pay the amount due on satisfactory completion of the Works or at each stage of the Works if applicable at the delivery of invoice unless prior arrangements have been made. The client also agrees that the contractor may require a 50% deposit in order to start the Works and any deposit or progress payment made by the client confirms acceptance of the contract with NIXON. This deposit / progress payment is non-refundable.
3. Access
The client must provide access for the contractor and any employee or subcontractor of the contractor to carry out the work as required during working
hours allowed by relevant statutory authorities. The owner must remove any personal property likely to impede the work.
4. Materials, Details and Dimensions
The client shall provide the contractor with all necessary dimensions and locations in adequate time to enable the contractor to carry out and complete the works in accordance with the contract.
5. Existing Underground Services
NIXON are not responsible for the repair/rectification of damaged underground services during manual or machine excavation undertaken
6. Trenching (Manual or Machine)
NIXON will only provide an estimation on trenching costs due to the unknown of underground conditions. In the event ground conditions change during a job, NIXON reserves to alter its original quotation to suit the extra time required to complete the excavation and any associated costs.
7. Asbestos and Other Toxic Substances
This contract is conditional upon the site of the works being free from asbestos and other toxic substances and should asbestos or other toxic substances be discovered then the client shall accept full responsibility for the resolution of any problems arising and shall add to the contract sum an amount equal to any costs necessarily incurred by the contractor as a consequence of such problems.
8. Finished Surfaces
Unless agreed otherwise, the client shall make good all finished surfaces, including but not limited to ceiling tiles and panels, face brickwork and rendered masonry surfaces, which the contractor may reasonably have to break into or disturb in performance of the works.
9. Variations
(9.1) If the client requests any variation in the Works during the contract, the contractor shall, in accepting the variation, be entitled to increase or decrease the contract sum to take account of the total costs of such variation, inclusive of the time needed to prepare the costings estimate of the variation. The contractor shall also be entitled to a reasonable extension of time to complete the works, as varied. The client agrees that they will be liable for any increases to the contract sum as a result of variations
(9.2) The contractor shall submit a written variation quotation revising the contract sum. This variation quotation may only be accepted by written notice to the contractor within 3 days from the date of the variation quotation and, if not so accepted, the contractor reserves the right to revise it.
(9.3) Variation quotations are exclusive of GST and are for the variation works described only. Prices quoted for variation works are for ‘business hours’ only (unless otherwise stated).
10. Retention of Title
Until the contractor receives full payment and property in the goods passed to the client, the client holds the goods as bailee for the contractor.
11. Warranties
(11.1) The contractor warrants that all materials and workmanship comprising the works shall conform to 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.
(11.2) The contractor will rectify any defects in materials or workmanship of the contractor appearing in any section of the works within six months of the date of handover of that section.
(11.3) Where any warranty has been given by a third party in respect of materials and workmanship supplied by that third party to the contractor and incorporated in the works, and such warranty imposes less obligations on the third party than those imposed on the contractor by Clause 10.2 the contractor shall give a like warranty to the client, which shall apply to the exclusion of Clause 10.2.
(11.4) Where the client provides materials to the contractor, the contractor does not warrant these materials whatsoever.
12. Limitation of Liability
(12.1) The contractor shall not be liable in contract or in tort or otherwise arising, for any consequential, special or contingent damages which may be claimed to have resulted from the contractor’s performance or failure to perform any obligation under the contract.
(12.2) Notwithstanding anything to the contrary, in no circumstances shall the contractor be liable in contract or in tort or otherwise, for loss, expense or damages incurred, sustained or suffered by the client in an amount exceeding 10% in monetary value of the contract sum.
13. Cancellation by the Client
If the client requests cancellation of the contract, he/she shall pay for work done pursuant to the contract to the date of such request and shall pay the
contractor compensation for all losses (including consequential losses and lost profits) suffered by it as a result of such cancellation.
14. Implied Terms
No warranty, condition or representation, other than those contained in these terms and conditions shall be included in this contract by implication, statute or otherwise, but nothing contained here shall be deemed to attempt to exclude, restrict or modify any implied warranty or condition in relation to the goods and services to be supplied by the contractor, the exclusion, restriction or modification of which would pursuant to any statute, including the Competition and Consumer Act 2010 render this clause or anything contained here void or illegal.
15. Unsafe Wiring or Equipment
(15.1) Pursuant to the Electricity (Licensing) Regulations 1991, Electrical Contractors/ Workers (‘we’) are not permitted to allow unsafe wiring or equipment to be connected or remain connected to an electrical installation or supply of electricity. Accordingly, if during the course of carrying out work at your property we encounter faulty or unsafe wiring or equipment, we are legally obliged to repair or isolate the same, and report the matter to the relevant network operator.
(15.2) As a result of this requirement, we may be required to perform additional work at your property beyond what was quoted for. By accepting our quote,you also authorise us to perform such additional works as we see necessary to ensure compliance with the Electricity (Licensing) Regulations 1991, and agree to pay the cost of such works.
(15.3) Alternatively, if you are not willing to pay the cost of any such works, please provide notification of this intention in writing to the Contractor before
any work has commenced. In this situation, we are obliged to isolate the affected circuit and report the matter to the relevant network operator.
16. Termination of Contract
NIXON have the right to cancel or change this contract at any time without reason or notice, Nixon is not liable for any damages or associated costs by the client or its customers
Air Conditioning Repairs
- Whilst we fault find air conditioning systems as per fault guides and replace parts as required by these guides, on occasions once they are replaced, other components can be found to be faulty after repairs to the unit have been carried out. By accepting our technician on site you accept the responsibility that extra work could be required after the initial diagnosis and repairs have been carried out.
- Charges will be incurred to diagnose an air conditioner fault prior to repairs been done. Our standard service charge of $79+GST will be applicable, plus our fault finding and diagnosis fees as listed above.
- Unfortunately we do not accept refunds for Air Conditioning spare parts after they have been installed
