1. Definitions

1.1.Client refers to any person, persons, sole trader, company or trust accepting/engaging in any contract of works based on estimation/quote whether verbal or written, issued by Delco Group.

1.2.Delco Group is the trading name of Delco Group Trust ABN 47 318 107 577, offering but not limited to goods and/or services.

1.3.Contract of works refers to the items laid out based on estimation/quote whether verbal and/or written, issued by Delco Group.

1.4.Goods refers to any products or materials.

2. Quotations and Contracts

2.1.All quotations provided by the Delco Group are valid for a period of 30 days from the date of issue, after which will be subject to change.

2.2.Quotations are subject to change if there are any variations or modifications to the scope of work requested by the Client.

2.3.Contracts for works shall be deemed effective upon written or verbal acceptance of the quotation by the Client.

3. Payment

3.1.Payments are to be paid in AUD (Australian Dollar).

3.2.A 6.5% non-refundable deposit may be required from Client at acceptance of quotation/estimation of works at the discretion of Delco Group.

3.3.Progress payments may be required at any time from Client upon the delivery of services/materials to the site of works.

3.4.Payments are due on the due date noted on the invoice.

3.5.Should the Client not pay in full for the goods and/or services supplied by Delco Group by the due date. Delco Group reserves the right to.

3.5.1.Cancel any warranties offered by Delco Group over and above statutory and manufacturers warranties

3.5.2.Recover from Client any costs of disbursements, including debt collection and solicitors’ fees, incurred by Delco Group in recovering any outstanding amount owing.

3.5.3.Charge interest in accordance with the applicable rate of interest of the Supreme Court of the state in which contract of works is entered.

4. Work Schedule and Delays

4.1.Delco Group shall endeavour to complete the services within the agreed-upon timeframe. However, the schedule may be subject to change due to unforeseen circumstances or factors beyond the Delco Groups control for example but not limited to, staffing issues due to health/sickness, supply issues from suppliers, vehicle breakdowns, etc.

4.2.The Client shall provide reasonable access to the premises and necessary utilities to facilitate the work.

4.3.Contract of works is assumed to be completed in standard work hours of 8:00 am - 4:30pm. If works is required to take place outside of standard work hours, additional charges may result in additional costs.

4.4.Delays caused by the Client or third-party contractors engaged by the Client may result in additional costs and extension of the completion date.

5. Goods Provided

5.1.Goods provided by Delco Group to Client or delivered to site shall remain the property of Delco Group until full payment and completion of contract of works.

5.2.Delco Group and/or its representative, servant, agent or employee shall have the right to enter the premises upon which the goods are housed or stored for the purpose of taking repossession.

5.3.Delco Group shall not be liable for any costs, losses, damages, expenses or any other monies or losses suffered by the customer as a result of Delco Group taking repossession of goods provided.

5.4.Goods are to be installed/supplied in accordance with Australian standards and manufacturers recommendations for example but not limited to, location, airflow, safety, attachments etc.

5.4.1.Goods that are not in accordance with standards and/or manufacturers recommendations at the advice of Client will not be covered by Delco Group. Delco Group is not liable for any damages due to advice of Client. For example, but not limited to, installation of air conditioners too close to obstacles, supply light fitting that is not rated for salt damage that might be installed close to sea, etc.

6. Completion

6.1.Completion of works shall be determined when the Client has received the goods and/or services provided by Delco Group in accordance with the contract of works issued by Delco Group has been delivered to the Client by mail or a digital copy of invoice has been issued.

6.2.Delco Group is committed to provide all goods and services asap or within the timeframe advised at the time of purchase. In the event Delco Group fails to meet this timeframe or requires additional time or days to complete goods and/or services as agreed to, the Client is not permitted to reduce the due payment claimed as compensation or inconvenience payment.

7. Damages

7.1.Delco Group is committed to providing a quality of work, however, in the event of damages due to circumstances outside of the control of Delco Group for example but not limited to roof tiles broken due to age and sun damage, ceilings collapsing due to faulty installation or age, goods installed out of alignment due to walls/ceilings out of alignment, etc Delco Group will not be liable for cost of damages.

7.1.1.Damages caused as a result of incorrect location of goods installed/pre-wired are not covered by Delco Group unless a plan of works has been provided or has been clearly marked on site by Client.

7.1.2.If a plan of works has been provided or has been clearly marked on site by Client is found to be the reason of damages they will not be covered by Delco Group

7.2.Damages caused as a direct result of fault by Delco Group are covered.

8. Mandatory Requirements

8.1.All electrical, air conditioning, security & communications works must adhere to all relevant standards.

8.2.Any works not sighted and/or noted in the contract of works that do not adhere to all relevant standards must be rectified and/or isolated.

8.2.1.Any time delays and losses to Delco Group required to rectify works not covered by contract of works will be at cost to the Client

8.2.2.Any goods supplied by Delco Group required to rectify works not covered by contract of works will be at cost to the Client

8.2.3.Delco Group is not liable for any consequence of any services isolated due to not adhering to all relevant standards

8.3.The Client shall be responsible for obtaining any necessary permits, licenses, or approvals required for the work to be performed.

8.3.1.Delco Group may assist with obtaining any necessary permits, licenses, or approvals required for the work to be performed however, the Client shall be responsible for any associated fees should they be required.

9. Insurance

9.1.The Company shall maintain appropriate public liability insurance coverage for the duration of the contract.

10. Termination

10.1.Either party may terminate the contract with written notice if the other party fails to fulfill its obligations and does not rectify the issue within a reasonable timeframe.

10.2.In the event of termination, the Client shall be liable for all work completed up to the termination date.

11. Confidentiality

11.1.Both parties shall keep confidential any proprietary or sensitive information obtained during the course of the contract.

12. Dispute Resolution

12.1.Any disputes arising from this contract shall be resolved through negotiation and mediation in accordance with the laws of Western Australia.

13. Underground Works

13.1.No underground services are included in any form of site inspection.

13.2.Prior to commencing any work, the Client must advise Delco Group of the precise location of all underground services on the site and clearly mark any services.

13.3.The underground services that the Client must identify include, but not limited to; electrical services, gas services, sewer services, water services, irrigation services, telephone services, fibre optic services and any other services that may be onsite.

13.4.While Delco Group is committed to taking every reasonable precaution to avoid damage to underground services, the Client agrees to indemnify Delco Group against any and all claims, loss, damage, costs and fines that may arise as a result of damages incurred.

14. Plant and Equipment Hire

14.1.Any plant and equipment hire required for works of contract to be complete unless noted in quotation/estimation of works, is not covered by Delco Group and will be charged to Client

14.2.Plant and equipment hire required for works must be deemed appropriate by Delco Group and not Client

15. Site Safety

15.1.While Delco Group is committed to taking every reasonable precaution regarding safety, Client has the responsibility to keep all children, pets and visitors away from place of works while the contract of works is in progress.

16. Waste Material

16.1.No allowances are made for waste removal and disposal from site unless stated in contract of works.

16.2.If waste removal and disposal is stated in contract of works then all recyclable materials will transfer ownership to Delco Group as material may be calculated into waste removal and disposal fees.

16.2.1.If Client does not consent to the release of recyclable materials, then additional waste removal and disposal fees may apply.

17. Standard Allowances

17.1.Unless noted by Delco Group, standard fittings and fixings are to be used and all electrical/mechanical selections will be at the discretion of Delco Group.

18. Warranty

18.1.Delco Group offers a 5-year warranty on quality of works if deemed to be a warranty issue.

18.2.Goods incur their own manufacturer’s warranty which can differ depending on each manufacturer. These can be given to you on request.

18.3.Goods warranty is only valid if goods are serviced and in accordance with manufacturers recommendations.

19. Privacy Act

19.1.Delco Group may use a credit report about me for collecting overdue payments (section 18 K (1) (h) Privacy Act 1988) if it considers it relevant to collecting overdue payments in respect of commercial credit provided to me.

19.2.Delco Group is bound by the National Privacy Principles set out in the Privacy Act. Certain information about Customers is retained for warranty and other purposes related to our commercial operations, but it is not divulged to third parties.

19.3.By providing your telephone number, you warrant that you are the relevant telephone account holder (or their nominee) within meaning of the Do Not Call Register Act 2006 (Cth). You hereby consent to be contacted via telephone in relation to Delco Group goods and services, such consent to continue indefinitely.

20. Amendments

20.1.These terms and conditions may be amended or updated by Delco Group from time to time. The most recent version will be available on demand.

By accepting the quotation or engaging our services, the Client agrees to be bound by these terms and conditions.

Last updated 03/08/2023