Risk. 11.1 If Xxxx Electrical retains ownership of the Materials under clause 15 then: (a) where Xxxx Electrical is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical or Xxxx Electrical’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address). (b) where Xxxx Electrical is to both supply and install Materials then Xxxx Electrical shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client. 11.2 Notwithstanding the provisions of clause 11.1 if the Client specifically requests Xxxx Electrical to leave Materials outside Xxxx Electrical’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense. 11.3 The Client acknowledges and accepts that: (a) where Xxxx Electrical has performed temporary repairs that: (i) Xxxx Electrical offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and (ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair. (b) Materials supplied may: (i) fade or change colour over time; and (ii) expand, contract or distort as a result of exposure to heat, cold, weather; and (iii) mark or stain if exposed to certain substances; and (iv) be damaged or disfigured by impact or scratching. 11.4 Xxxx Electrical accepts no responsibility for: (a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and (b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out. 11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice. 11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause. 11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations. 11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 2 contracts
Risk. 11.1 8.1 If Xxxx Electrical MSS retains ownership of the Materials under clause 15 12 then:
(a) where Xxxx Electrical MSS is supplying Materials only, all risk for the Materials shall immediately pass to the Client Customer on delivery and the Client Customer must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated xxxxxxx takes possession of the Materials at MSS’ address; or
(ii) the Materials are delivered by Xxxx Electrical MSS or Xxxx Electrical’s MSS’ nominated carrier to the ClientCustomer’s nominated delivery address (even if the Client Customer is not present at the address).
(b) where Xxxx Electrical MSS is to both supply and install Materials then Xxxx Electrical MSS shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the ClientCustomer.
11.2 8.2 Notwithstanding the provisions of clause 11.1 8.1 if the Client Customer specifically requests Xxxx Electrical MSS to leave Materials outside Xxxx Electrical’s MSS’ premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client Customer and it shall be the ClientCustomer’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the ClientCustomer’s expense.
11.3 8.3 The Client Customer warrants that the structure of the premises or equipment in or upon which the Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and MSS shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
8.4 The Customer acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against MSS is only responsible for parts that are replaced/supplied by MSS and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the reoccurrence source of the initial faultfailure, the Customer agrees to indemnify MSS against any loss or damage to the Materials, or caused thereby, or any further damage causedpart thereof howsoever arising; and
(iib) Xxxx Electrical will immediately advise the Client variations of colour and texture are inherent in Materials and MSS shall not be liable for any loss, damage or costs howsoever arising resulting from any variation of the fault and colour or texture between different batches of product.
8.5 Detailed drawings of any services that will be embedded in the Materials are to be provided to MSS prior to commencement of any Works. Whilst all due care will be taken no liability will be accepted by MSS for damage to the services or any other element embedded in the Materials.
8.6 MSS shall provide not be liable for any defect, deterioration and/or damage to the Client with an estimate for Materials:
(a) if the full repair.Customer does not follow MSS’ recommendations;
(b) where Materials are stored off site for extended periods of time as a result of any action/inaction by the Customer;
(c) resulting from incorrect use and/or installation of the Materials by the Customer or any other third party; and
(d) where welding, galvanising (or any other heat related process) has caused distortion or any other damage.
8.7 MSS shall take all reasonable care and skill when undertaking the Works; but no liability will be accepted by MSS for any damage howsoever caused, except due to the express negligence or MSS.
8.8 The Customer further acknowledges and accepts that Materials supplied may:
(ia) exhibit variations in shade, colour, texture, surface, finish, markings;
(b) fade or change colour over time; and;
(iic) expand, contract or distort as a result of exposure to heat, cold, weather; and;
(iiid) mark or stain if exposed to certain substances; and
(ive) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects . MSS will make every effort to match batches of product supplied in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed order to be unsafe by Xxxx Electrical, then Xxxx Electrical minimise such variations but shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for in any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clauseway whatsoever where such variations occur.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 2 contracts
Risk. 11.1 10.1 If Xxxx Electrical Xxxxxxx Air retains ownership of the Materials under clause 15 14.2 then:
(a) where Xxxx Electrical Xxxxxxx Air is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
(i) the Client or the Client’s nominated carrier takes possession of the Materials at Xxxxxxx Air’s address; or
(ii) the Materials are delivered by Xxxx Electrical Xxxxxxx Air or Xxxx ElectricalXxxxxxx Air’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical Xxxxxxx Air is to both supply and install Materials then Xxxx Electrical Xxxxxxx Air shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 10.2 Notwithstanding the provisions of clause 11.1 10.1 if the Client specifically requests Xxxx Electrical Xxxxxxx Air to leave Materials outside Xxxx ElectricalXxxxxxx Air’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 10.3 The Client acknowledges and accepts agrees that where Xxxxxxx Air has performed temporary repairs on the equipment that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical Xxxxxxx Air offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(iib) Xxxx Electrical Xxxxxxx Air will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repairrepair of the damaged equipment.
(b) 10.4 Any advice, recommendation, information, assistance or service provided by Xxxxxxx Air in relation to the Works and/or Materials supplied may:
(i) fade or change colour over time; and
(ii) expandis given in good faith, contract or distort as a result is based on Xxxxxxx Air‘s own knowledge and experience and shall be accepted without liability on the part of exposure to heatXxxxxxx Air, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Works and/or Materials.
10.5 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to crawl spaces and/or roofing), Xxxxxxx Air reasonably forms the opinion that the Client’s premises is not safe for the installation of Materials to proceed then Xxxxxxx Air shall be entitled to delay installation of the Materials (in accordance with clause 9.2) until Xxxxxxx Air is satisfied that it is safe for the installation to proceed.
10.6 In the event asbestos or any other toxic substances are discovered at the property, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Xxxxxxx Air against any costs incurred by Xxxxxxx Air as a consequence of such discovery. Under no circumstances will Xxxxxxx Air handle removal of asbestos product.
10.7 All work will be shown as a variation on tested to ensure that it is electrically safe and is in accordance with the invoicewiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
11.6 Xxxx Electrical will 10.8 Where the Client has supplied materials for Xxxxxxx Air to complete the Works, the Client acknowledges that they accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. Xxxxxxx Air shall not be liable to responsible for any defects in the Client for Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
10.9 The Client acknowledges that:
(a) Xxxxxxx Air is only responsible for parts that are replaced by Xxxxxxx Air, and in the event that other parts/goods, subsequently fail, the Client suffers because Xxxx Electrical has exercised its rights agrees to indemnify Xxxxxxx Air against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising;
(b) all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in Xxxxxxx Air’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information; and
(c) they shall
(i) not be entitled to withhold any payment due under this clause.contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any other third party;
11.7 Xxxx Electrical accepts no responsibility (ii) be responsible for any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable Xxxxxxx Air to carry out the Works; and
(iii) provide and have erected scaffolding to enable the Works to be undertaken (where in Xxxxxxx Air’s opinion it is deemed necessary). Any scaffolding must comply with industry safety standards and any person erecting the scaffolding shall be suitably qualified to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully licensed; and
(iv) remove any furniture or personal/valuable items from the vicinity of the Works, and agrees that Xxxxxxx Air shall not be liable for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts caused to protect all those items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be through the Client’s responsibilityfailure to comply with this clause; and
(v) provide Xxxxxxx Air while at the worksite with adequate access to electricity, temporary lighting, toilet, eating and first aid facilities if so required;
(vi) be wholly responsible for:
(A) the removal of rubbish from or clean-up of the worksite; and
(B) any animals and/or children present on the worksite.
Appears in 2 contracts
Risk. 11.1 9.1 If Xxxx Electrical HSE retains ownership of the Materials under clause 15 then:
(a) where Xxxx Electrical HSE is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;
(i) the Client or the Client’s nominated xxxxxxx takes possession of the Materials at HSE’s address; or
(ii) the Materials are delivered by Xxxx Electrical HSE or Xxxx ElectricalHSE’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical the Client is to both supply Materials, said Materials have to be up to industry standard and install HSE reserve the right to not use said Materials then Xxxx Electrical shall maintain a contract works insurance policy until the Works are completedif, in HSE’s judgement, they do not come up to relevant industry standard. Upon completion of the Works all risk for the Works shall immediately If HSE have to acquire replacement Materials, HSE will pass those costs on to the Client.
11.2 9.2 Notwithstanding the provisions of clause 11.1 9.1 if the Client specifically requests Xxxx Electrical HSE to leave Materials outside Xxxx ElectricalHSE’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 9.3 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to roofing), HSE reasonably forms the opinion that the Client’s premises are not safe for the installation of Materials to proceed then HSE shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 7.1) until HSE is satisfied that it is safe for the installation to proceed.
9.4 The Client acknowledges that HSE is only responsible for parts that are replaced by HSE; in the event that other parts/Materials subsequently fail, the Client agrees to indemnify HSE against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising.
9.5 HSE shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, HSE accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
9.6 Where HSE gives any advice, recommendation, information, assistance or service provided by HSE in relation to Works supplied is given in good faith to the Client or the Client’s agent and is based on HSE’s own knowledge and experience and shall be accepted without liability on the part of HSE. Where such advice or recommendations is not acted upon then HSE shall require the Client or their agent to authorise commencement of the Works in writing. HSE shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
9.7 The Client acknowledges that all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in HSE’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information.
9.8 Where the Client is a tenant (and therefore not the owner of the land and premises where the Materials are to be installed) then the Client warrants that full consent has been obtained from the owner for HSE to install the Materials on the owner’s land and premises. The Client acknowledges and agrees that they shall be personally liable for full payment of the Price for all Works provided under this Contract and to indemnify HSE against any claim made by the owner of the premises (howsoever arising) in relation to the installation of the Materials and the provision of any related Works by HSE except where such claim has arisen because of the negligence of HSE when installing the Materials.
9.9 The Client agrees that they shall upon request from HSE provide evidence that:;
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against they are the reoccurrence owner of the initial fault, or any further damage causedland and premises upon which the Works are be undertaken; and
(ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.or
(b) where they are a tenant, that they have the consent of the owner for the Materials supplied may:to be installed on the land and premises upon which the works are be undertaken.
(i) fade 9.10 If HSE notifies the Client that it intends to store onsite Materials, plant, equipment or change colour over time; and
(ii) expandtools to be used in performance of the Works, then the Client shall designate an area for storage and shall take all reasonable precautions to protect such items against destruction, damage, or theft. In the event that such items are destroyed, damaged or stolen then the cost of replacement shall be added to the contract or distort Price and will be shown as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratchingvariation as per clause 6.2.
11.4 Xxxx Electrical 9.11 HSE accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; andor
(b) painting, re-decorating, re-sealing, colouration variations, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out; or
(c) any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with HSE’s and/or the manufacturers’ recommendations.
11.5 9.12 The Client acknowledges that they shall:
(a) not be entitled to withhold any payment due under this Contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any other third party; and
(b) be responsible for any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable HSE to carry out the Works;
9.13 The Client acknowledges and accepts that HSE shall not accept any responsibility for any damage that may arise during the installation of light switches in the event that any third-party HSE employed by the Client has removed any or all reference to the positioning of light switches by either gibing or plastering the designated area. The Client accepts that installation of light switches will then be at the sole discretion of HSE. If the Client believes that they have any claim in relation to Works undertaken by that third party, then said claim must be made against the third party HSE in the first instance.
9.14 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx ElectricalHSE, then Xxxx Electrical HSE shall notify the Client immediately. The power, if isolated, will not be re- re-energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not 9.15 Any live services or services undertaken near live conductors where it is safe to do so shall be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems dealt with any Materials where they have not been used and/or maintained in accordance with Xxxx ElectricalAustralian and New Zealand Wiring standards being “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and Statutory Acts and Work Place Regulations”. HSE’s and/or live services procedures are designed to eliminate risk of injury to HSE’s employees, damage to the manufacturers’ recommendationsClient’s installations and unexpected power disconnections. It may in some cases require disconnection and isolation of the installation to undertake such Works for which additional charges may be applicable.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, 9.16 If the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts has reason to protect all items from destructionclaim that Materials supplied by HSE have been stolen, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement it shall be the Client’s responsibilityresponsibility to notify the police and forward evidence to HSE, this shall not excuse the Client from fulfilling their financial obligations under this Contract.
9.17 In the event asbestos or any other toxic substances are discovered at the worksite, it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify HSE against any costs incurred by HSE because of such discovery. Under no circumstance will HSE handle removal of asbestos product.
Appears in 2 contracts
Risk. 11.1 If Xxxx Electrical retains ownership 8.1 Risk of damage to or loss of the Materials under clause 15 then:
(a) where Xxxx Electrical is supplying Materials only, all risk for the Materials shall immediately pass Goods passes to the Client on delivery Delivery and the Client must insure the Materials Goods on or before delivery. Delivery Delivery.
8.2 If any of the Materials shall be deemed Goods are damaged or destroyed following Delivery but prior to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical or Xxxx Electrical’s nominated carrier ownership passing to the Client, the Seller is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Seller is sufficient evidence of the Seller’s nominated delivery address (even if rights to receive the insurance proceeds without the need for any person dealing with the Seller to make further enquiries.
8.3 If the Client is not present requests the Seller to leave Goods outside the Seller’s premises for collection or to deliver the Goods to an unattended location then such Goods shall be left at the address)Client’s sole risk.
(b) where Xxxx Electrical 8.4 Where the Seller is to both supply and install Materials Goods then Xxxx Electrical the Seller shall maintain a contract works insurance policy until the Works Services are completed. Upon completion of the Works Services all risk for the Works Services shall immediately pass to the Client.
11.2 Notwithstanding the provisions of clause 11.1 if the Client specifically requests Xxxx Electrical to leave Materials outside Xxxx Electrical’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it 8.5 The Seller shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client’s responsibility to ensure the Materials are insured adequately or at all. In The Client acknowledges and agrees that in the event that such Materials are lostany of this information provided by the Client is inaccurate, damaged the Seller accepts no responsibility for any loss, damages, or destroyed then replacement costs however resulting from these inaccurate plans, specifications or other information.
8.6 Where the Seller is required to install the Goods the Client warrants that the structure of the Materials premises or equipment in or upon which these Goods are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Seller shall not be at liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the Client’s expenseinstallation and work incidental thereto.
11.3 8.7 The Client agrees to indemnify the Seller against any claims howsoever arising from the provisions in clause 8.6.
8.8 The Client acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against the reoccurrence of the initial faultGoods supplied may exhibit variations in shade tone, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise the Client of the fault colour, texture, surface and shall provide the Client with an estimate for the full repair.
(b) Materials supplied may:
(i) finish, and may fade or change colour over time; and
(ii) expand, contract or distort as a result . The Seller will make every effort to match batches of exposure product supplied in order to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) minimise such variations but shall not be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects liable in any Materials caused by movement and/or interference of the said Materialsway whatsoever where such variations occur; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for doors may require a height adjustment following the restoration or making good installation of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediatelynew flooring. The power, if isolated, will not be re- energised until Any such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour adjustment shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibilityown cost.
Appears in 2 contracts
Samples: Sales Contracts, Sales Contracts
Risk. 11.1 10.1 If Xxxx Electrical Maximo retains ownership of the Materials under clause 15 Construction Work then:
(a) where Xxxx Electrical Maximo is supplying Materials materials for Construction Work only, all risk for the Materials Construction Work shall immediately pass to the Client on delivery of the materials and the Client must insure the Materials materials of the Construction Work on or before delivery. Delivery of the Materials materials of the Construction Work shall be deemed to have taken place immediately at the time that either;
(i) the Materials Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or
(ii) the materials of the Construction Work are delivered by Xxxx Electrical Maximo or Xxxx ElectricalXxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical is to both supply and install Materials then Xxxx Electrical shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 10.2 Notwithstanding the provisions of clause 11.1 10.1 if the Client specifically requests Xxxx Electrical Maximo to leave Materials materials of the Construction Work outside Xxxx ElectricalMaximo’s premises for collection or to deliver the Materials materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials materials of the Construction Work are insured adequately or at all. In the event that such Materials materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the Materials materials of the Construction Work shall be at the Client’s expense.
11.3 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work
10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design.
10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control.
10.6 The Client accepts that:that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect.
10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Xxxxxx’s supplier companies.
10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against the reoccurrence suitable cleaning instructions of the initial fault, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.
(b) Materials supplied may:
(i) fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said MaterialsConstruction Work; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required time and frequency for the restoration or making good of any surface/area where any Works have been carried outfuture repairs.
11.5 If during 10.9 Maximo shall not be held responsible for any damage to the course of installation when the Works are being conducted within and around switchboards that if the same is found defective Construction Work caused by other tradesmen, outside agents or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify heavy vehicles. Where the Client immediately. The power, if isolated, will not be re- energised until requests Maximo to repair such time as damage then Maximo reserves the existing condition has been rectified and made safe in accordance right to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to charge the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clausecosts incurred in rectifying such damage.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 2 contracts
Samples: Construction Contract, Construction Contract
Risk. 11.1 7.1 If Xxxx Electrical retains ownership of the Materials under clause 15 then:
(a) where Xxxx Electrical is supplying Materials onlyrequired, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical or Xxxx Electrical’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical is to both supply and install Materials then Xxxx Electrical EME Roofing shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 Notwithstanding the provisions of clause 11.1 if 7.2 EME Roofing may at its discretion notify the Client specifically requests Xxxx Electrical that it requires to leave Materials outside Xxxx Electrical’s premises store at the site Materials, fittings and appliances, or plant and tools required for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of Works, in which event the Client shall supply EME Roofing a safe area for storage and it shall take all reasonable efforts to protect all items so stored from possible destruction, theft or damage. In the event that any such items are destroyed, stolen or damaged then the cost of repair or replacement shall be the Client’s responsibility responsibility.
7.3 The Client warrants that the structure of the premises upon which these Materials are to ensure be installed or erected is sound and will sustain the installation and associated Works, and EME Roofing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and associated Works.
7.4 Where the Client is to supply EME Roofing with any design specifications (including, but not limited to, measurements, plans, CAD drawings, etc.) the Client shall be responsible for providing accurate information. EME Roofing shall not be liable whatsoever for any errors in the Materials that are insured adequately caused by incorrect or at all. In inaccurate information being supplied by the event Client.
7.5 The Client acknowledges and agrees that such Materials no persons other than those authorised or employed by EME Roofing are lost, damaged or destroyed then replacement to walk on the treated roof surface for a period of twenty-one (21) days after completion of the Materials job and at no time are any persons permitted to be in the areas of the Works. EME Roofing shall not be at liable for any loss, damages, injuries, or costs however arising resulting from the Client’s expensefailure to comply with this clause.
11.3 7.6 The Client acknowledges and accepts that:
(a) EME Roofing is only responsible for parts that are replaced by EME Roofing and that in the event that other components/goods, subsequently fail, the Client agrees to indemnify EME Roofing against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and
(b) EME Roofing’s quotation for repairs to existing tile roofs shall be based only on the replacement of damaged tiles and shall not include the replacement of tiles with slight imperfections unless authorised by the Client prior to the commencement of the Works. If the Client requests the replacement of tiles that have slight imperfections but which EME Roofing does not deem to be defective or that will affect the integrity of the roof, then this shall be a variation to the original quotation and clause 5.2 will apply; and
(c) EME Roofing accepts no liability for any subsequent loss or damage (including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process if part of the Works, where Xxxx Electrical has performed temporary repairs that:such loss or damage is due to pre-existing faults or leaks; and
(d) Materials supplied may
(i) Xxxx Electrical offers no guarantee against the reoccurrence of the initial faultexhibit variations in shade, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise the Client of the fault colour, texture, surface, finish, markings and shall provide the Client with an estimate for the full repair.
(b) Materials supplied may:
(i) may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. EME Roofing will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 2 contracts
Risk. 11.1 10.1 If Xxxx Electrical Maximo retains ownership of the Materials under clause 15 Construction Work then:
(a) where Xxxx Electrical Maximo is supplying Materials materials for Construction Work only, all risk for the Materials Construction Work shall immediately pass to the Client on delivery of the materials and the Client must insure the Materials materials of the Construction Work on or before delivery. Delivery of the Materials materials of the Construction Work shall be deemed to have taken place immediately at the time that either;
(i) the Materials Client or the Client’s nominated carrier takes possession of the materials of the Construction Work at Xxxxxx ’s address; or
(ii) the materials of the Construction Work are delivered by Xxxx Electrical Maximo or Xxxx ElectricalXxxxxx’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical is to both supply and install Materials then Xxxx Electrical shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 10.2 Notwithstanding the provisions of clause 11.1 10.1 if the Client specifically requests Xxxx Electrical Maximo to leave Materials materials of the Construction Work outside Xxxx ElectricalMaximo’s premises for collection or to deliver the Materials materials of the Construction Work to an unattended location then such materials of the Construction Work shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials materials of the Construction Work are insured adequately or at all. In the event that such Materials materials of the Construction Work are lost, stolen, damaged or destroyed then replacement of the Materials materials of the Construction Work shall be at the Client’s expense.
11.3 10.3 Where Maximo gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of products for the repair or undertaking of any Construction Work, and such advice or recommendations are not acted upon then Maximo shall require the Client or their agent to authorise commencement of the Construction Work in writing. Maximo shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Construction Work
10.4 The Client acknowledges that any colours and textures are manually matched to existing features and availability of materials for the Construction Work is achieved to the best of Maximo’s ability and is done with reasonable care and skill. As such variations of colour and texture are inherent and may have varying patchiness and unevenness (including, but not limited to, pinto effect, measles effect and lapping, etc.). Maximo shall not be liable for any loss, damages or costs howsoever arising resulting from any variation of the colour or texture between different batches of materials for the Construction Work or mix design.
10.5 Whilst Maximo shall endeavour to match existing finishes, an exact match cannot be guaranteed due to factors beyond Maximo’s control.
10.6 The Client accepts that:that where any remedial work has been performed as part of the Construction Work, some evidence of the work may be apparent and shall not be considered by Xxxxxx as a defect.
10.7 The Client shall indemnify Maximo from all responsibility for any colour, aggregate, or texture variations of objects that are in the Construction Work which are outside of Maximo’s control regarding materials for the Construction Work supplied by Maximo’s supplier companies.
10.8 Maximo shall not be liable for any defect in the materials of the Construction Work if the Client does not follow Xxxxxx’s recommendations, including (but not limited to):
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against the reoccurrence suitable cleaning instructions of the initial fault, or any further damage causedConstruction Work; and
(ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.and
(b) Materials supplied may:
(i) fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratchingtime and frequency for future repairs.
11.4 Xxxx Electrical accepts no responsibility for:
(a) 10.9 Maximo shall not be held responsible for any damage or defects in any Materials to the Construction Work caused by movement and/or interference of the said Materials; and
(b) paintingother tradesmen, re-decorating, re-sealing, carpentry outside agents or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify heavy vehicles. Where the Client immediately. The power, if isolated, will not be re- energised until requests Maximo to repair such time as damage then Maximo reserves the existing condition has been rectified and made safe in accordance right to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to charge the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clausecosts incurred in rectifying such damage.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 1 contract
Samples: Construction Contract
Risk. 11.1 8.1 If Xxxx Electrical the Contractor retains ownership of the Materials under clause 15 13 then:
(a) where Xxxx Electrical the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either;
(i) the Client or the Client’s nominated carrier takes possession of the Materials at the Contractor’s address; or
(ii) the Materials are delivered by Xxxx Electrical the Contractor or Xxxx Electricalthe Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical the Contractor is to both supply and install Materials then Xxxx Electrical the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 Notwithstanding the provisions of clause 11.1 if the Client specifically requests Xxxx Electrical to leave Materials outside Xxxx Electrical’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 8.2 The Client acknowledges that Materials supplied may exhibit variations in shade, colour, texture, surface and accepts that:finish. the Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against 8.3 The Client warrants that the reoccurrence structure of the initial faultpremises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
8.4 The Contractor shall not be liable for any defect or damage resulting from incorrect or faulty installation.
8.5 The Client acknowledges that the Contractor is only responsible for parts that are replaced/supplied by the Contractor and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the failure, the Client agrees to indemnify the Contractor against any loss or damage to the Materials, or caused thereby, or any further damage caused; andpart thereof howsoever arising.
(ii) Xxxx Electrical will immediately advise 8.6 Any advice, recommendation, information, assistance or service provided by the Client Contractor in relation to Materials provided is given in good faith, is based on the Contractor’s own knowledge and experience and shall be accepted without liability on the part of the fault Contractor and shall provide the Client with an estimate for the full repair.
(b) Materials supplied may:
(i) fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour it shall be the responsibility of the Client to confirm the accuracy and will be shown as a variation on reliability of the invoice.
11.6 Xxxx Electrical will not be liable same in light of the use to which the Client for any loss makes or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts intends to protect all items from destruction, theft or damage. In the event that any make of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibilityMaterials.
Appears in 1 contract
Samples: Contract
Risk. 11.1 8.1 If Xxxx Electrical the Contractor retains ownership of the Materials under clause 15 14 then:
(a) where Xxxx Electrical the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical the Contractor or Xxxx Electricalthe Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical the Contractor is to both supply and install Materials then Xxxx Electrical the Contractor shall maintain a contract works an appropriate insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 8.2 Notwithstanding the provisions of clause 11.1 8.1 if the Client specifically requests Xxxx Electrical the Contractor to leave Materials outside Xxxx Electricalthe Contractor’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 8.3 Where the Contractor has effected delivery all risk passes to the Client as per clause 8.1 and the Client claims the Materials have been stolen it shall be the Client’s responsibility to notify the police and forward evidence to the Contractor, this shall not excuse the Client from fulfilling their financial obligations under this contract.
8.4 The Client acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against warrants that the reoccurrence structure of the initial faultpremises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and Works incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or any further damage caused; andarising should the premises or equipment be unable to accommodate the installation.
(ii) Xxxx Electrical will 8.5 In the event that the Contractor discovers asbestos/hazardous materials whilst undertaking the Works, the Contractor shall immediately advise the Client of the fault same and shall provide be entitled to suspend the Works pending a risk assessment in relation to those materials. The Client shall be liable for all additional costs (howsoever arising) incurred by the Contractor as a result of the discovery of asbestos/hazardous materials and/or any suspension of the Works in relation thereto (including, but not limited to, where the Contractor agrees to remove any asbestos/hazardous materials on the Client’s behalf).
8.6 In the event asbestos or any other toxic substances are discovered at the worksite, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify the Contractor against any costs incurred by the Contractor as a consequence of such discovery. Under no circumstances will the Contractor handle removal of asbestos product.
8.7 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the scope of the Works (including but not limited to, a particular course of action, product selection or the condition of materials supplied by the Client with an estimate being inferior), and such advice or recommendations are not acted upon, then the Contractor shall require the Client or their agent to authorise commencement of the Works in writing. The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works nor will such losses or damages be deemed a defect.
8.8 Where the Client has supplied materials for the full repairContractor to complete the Works, the Client acknowledges and accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. The Contractor shall not be responsible for any defects in the materials, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
8.9 The Contractor shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Client. The Client acknowledges and agrees that in the event that any of this information provided by the Client is inaccurate, the Contractor accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
8.10 The Contractor shall not be liable for:
(a) inferior existing paintwork where the Contractor’s paint has bonded to the existing paintwork and weakened the previous paint causing any kind of flake, crack or blemish; or
(b) the quality of the Works if the Client does not follow the Contractor’s recommendations as to the number of coats of paint required to obtain the final finish if the Client chooses to accept a reduced Price based on fewer coats of paint; or
(c) any loss or damage whatsoever to the Works (including, but not limited to, painted surfaces) that is caused by any other tradesmen during and after the completion of the Works; or
(d) delays caused by any other third party suppliers that impacts on the provision of the Works by the Contractor; or
(e) any defect or damage resulting from incorrect or faulty installation carried out by any other third party; and
(f) furthermore, if the Client instructs the Contractor to rectify any damage caused by any other tradesman, this will become a variation to the original quotation and will be charged at the Contractor normal hourly rate.
8.11 The Client acknowledges and accepts that Materials (including but not limited to paint, timber, metal, etc.) supplied may:
(ia) exhibit variations in shade tone, colour, texture, markings, veining, surface and finish, and contain natural fissures, occlusions, and indentations. The Contractor will make every effort to match batches/samples of the Materials supplied in order to minimise such variations, but shall not be liable in any way whatsoever where such variations occur;
(b) fade or change colour over time; and;
(iic) expand, contract or distort as a result of exposure to heat, cold, weather; and;
(iiid) mark or stain if exposed to certain substances; and
(ive) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of 8.12 Timber is a hydroscopic material subject to expansion and contraction, therefore the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, Contractor will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts accept no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendationsgaps that may appear during prolonged dry periods.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 1 contract
Samples: Contract
Risk. 11.1 8.1 If Xxxx Electrical the Contractor retains ownership of the Materials under clause 15 14 then:
(a) where Xxxx Electrical the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical or Xxxx Electrical’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).;
(b) where Xxxx Electrical the Contractor is to both supply and install Materials then Xxxx Electrical the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 8.2 Notwithstanding the provisions of clause 11.1 8.1 if the Client specifically requests Xxxx Electrical the Contractor to leave Materials outside Xxxx Electricalthe Contractor’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 8.3 Where the Contractor gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of the site for the installation of the Materials, and such advice or recommendations are not acted upon, then the Contractor shall require the Client to authorise commencement of the provision of any Materials/Works in writing. The Contractor shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement.
8.4 The Client warrants that the structure of the premises or equipment in or upon which the Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
8.5 Where the Client has supplied any materials for the Contractor to complete the Materials and/or Works under this Contract, the Client acknowledges that they accept responsibility for the suitability of purpose, quality and any faults inherent in those materials. The Contractor shall not be responsible for any defects in the Materials, any loss or damage howsoever arising from the use of materials supplied by the Client.
8.6 The Client acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against the reoccurrence Contractor is only responsible for parts that are replaced/supplied by the Contractor and does not at any stage accept any liability in respect of components supplied by any other third party that subsequently fail and are found to be the source of the initial faultfailure, the Client agrees to indemnify the Contractor against any loss or damage to the Materials, or caused thereby, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.
(b) Materials supplied may:
(i) fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materialspart thereof howsoever arising; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for variations of colour and texture are inherent in Materials and the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical Contractor shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as liable for any loss, damage or costs howsoever arising resulting from any variation of the existing condition has been rectified colour or texture between different batches of product; and
(c) it is the Client’s responsibility to organise and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any be liable for all costs associated with protecting the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts precautions to protect all items from destruction, theft against destruction or damagedamage howsoever caused. In the event that any of the stored items Materials are destroyed, stolen destroyed or damaged, then the cost of repair or replacement shall be borne by the Client.
8.7 Detailed drawings of any services that will be embedded in the Materials are to be provided to the Contractor prior to commencement of any Works. Whilst all due care will be taken no liability will be accepted by the Contractor for damage to the services or any other element embedded in the Materials.
8.8 The Client acknowledges and agrees that:
(a) any tangible items susceptible to damage will be removed from the vicinity of the Works (and provide protection where necessary), and agrees that the Contractor shall not be liable for any damage caused to those items through the Clients failure to comply with this clause; and
(b) where applicable, shall provide and erect scaffolding to enable the Works to be undertaken Any scaffolding must comply with industry safety standards and any person erecting/dismantling the scaffolding shall be suitably qualified to ensure its safe and proper erection/dismantling, and where necessary, shall hold a current certificate of competency and/or be fully licensed; and
(c) the Client shall supply power (three phase where applicable), toilet, eating and first aid facilities if so required.
8.9 It is the responsibility of the Client to ensure that the work area and surrounds are protected and free from hazards (including but not limited to flammable materials), fume extracted and ventilated. The Contractor accepts no liability whatsoever in this respect.
8.10 Where isolation and/or disconnection of overhead powerlines (or shrouding) are required to facilitate the supply of Materials and/or Works under this Contract, this shall be the sole responsibility of the Client.
8.11 The Contractor shall not be liable for any defect, deterioration and/or damage to the Materials:
(a) if the Client does not follow the Contractor’s responsibilityand/or manufacturer’s recommendations;
(b) where Materials are stored off site for extended periods of time as a result of any action/inaction by the Client;
(c) resulting from incorrect use and/or installation of the Materials by the Client or any other third party.
(d) where welding, galvanising (or any other heat related process) has caused distortion or any other damage.
8.12 The Contractor shall take all reasonable care and skill when undertaking the Works; but no liability will be accepted by the Contractor for any damage howsoever causes, except due to the express negligence or the Contractor.
Appears in 1 contract
Samples: Contract
Risk. 11.1 7.1 If Xxxx Electrical retains ownership of the Materials under clause 15 then:
(a) where Xxxx Electrical is supplying Materials onlyrequired, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical or Xxxx Electrical’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical is to both supply and install Materials then Xxxx Electrical EME Roofing shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works Works, all risk for the Works shall immediately pass to the Client.
11.2 Notwithstanding the provisions of clause 11.1 if 7.2 EME Roofing may, at its discretion notify the Client specifically requests Xxxx Electrical that it requires to leave Materials outside Xxxx Electrical’s premises store at the site Materials, fittings and appliances, or plant and tools required for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of Works, in which event the Client shall supply EME Roofing a safe area for storage and it shall take all reasonable efforts to protect all items so stored from possible destruction, theft or damage. In the event that any such items are destroyed, stolen or damaged then the cost of repair or replacement shall be the Client’s responsibility responsibility.
7.3 The Client warrants that the structure of the premises upon which these Materials are to ensure be installed or erected is sound and will sustain the installation and associated Works, and EME Roofing shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and associated Works.
7.4 Where the Client is to supply EME Roofing with any design specifications (including, but not limited to, measurements, plans, CAD drawings, etc.) the Client shall be responsible for providing accurate information. EME Roofing shall not be liable whatsoever for any errors in the Materials that are insured adequately caused by incorrect or at all. In inaccurate information being supplied by the event Client.
7.5 The Client acknowledges and agrees that such Materials no persons other than those authorised or employed by EME Roofing are lost, damaged or destroyed then replacement to walk on the treated roof surface for a period of twenty-one (21) days after completion of the Materials job and at no time are any persons permitted to be in the areas of the Works. EME Roofing shall not be at liable for any loss, damages, injuries, or costs however arising / resulting from the Client’s expensefailure to comply with this clause.
11.3 7.6 The Client acknowledges and accepts that:
(a) EME Roofing is only responsible for parts that are replaced by EME Roofing and that in the event that other components/goods, subsequently fail, the Client agrees to indemnify EME Roofing against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and
(b) EME Roofing’s quotation for repairs to existing tile roofs shall be based only on the replacement of damaged tiles and shall not include the replacement of tiles with slight imperfections unless authorised by the Client prior to the commencement of the Works. If the Client requests the replacement of tiles that have slight imperfections but which EME Roofing does not deem to be defective or that will affect the integrity of the roof, then this shall be a variation to the original quotation and clause 5.2 will apply; and
(c) EME Roofing accepts no liability for any subsequent loss or damage (including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process if part of the Works, where Xxxx Electrical has performed temporary repairs that:such loss or damage is due to pre-existing faults or leaks; and
(d) Materials supplied may
(i) Xxxx Electrical offers no guarantee against the reoccurrence of the initial faultexhibit variations in shade, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise the Client of the fault colour, texture, surface, finish, markings and shall provide the Client with an estimate for the full repair.
(b) Materials supplied may:
(i) may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time. EME Roofing will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur; and
(ii) expand, contract or distort as a result of exposure to heat, cold, cold and weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 1 contract
Samples: Contract
Risk. 11.1 9.1 If Xxxx Electrical MMJTLS retains ownership of the Materials under clause 15 then:
(a) 14 then where Xxxx Electrical MMJTLS is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical MMJTLS or Xxxx ElectricalMMJTLS’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical is to both supply and install Materials then Xxxx Electrical shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 9.2 Notwithstanding the provisions of clause 11.1 9.1 if the Client specifically requests Xxxx Electrical MMJTLS to leave Materials outside Xxxx ElectricalMMJTLS’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client Client, and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that If such Materials are lost, damaged damaged, or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 9.3 Where MMJTLS has effected delivery, all risk passes to the Client as per clause 9.1 and the Client claims the Materials have been stolen it shall be the Client’s responsibility to notify the police and forward evidence to MMJTLS, this shall not excuse the Client from fulfilling their financial obligations under this contract.
9.4 Where MMJTLS gives advice or recommendations to the Client, or the Client’s agent, regarding any aspect of the scope of the Works (including but not limited to, a particular course of action, product selection or the condition of materials supplied by the Client being inferior), and such advice or recommendations are not acted upon, then MMJTLS shall require the Client or their agent to authorise commencement of the Works in writing. MMJTLS shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works nor will such losses or damages be deemed adefect.
9.5 MMJTLS warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and Works incidental thereto and MMJTLS shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
9.6 MMJTLS shall not be held liable for any losses, damages or claims resulting from the Client installing the Materials incorrectly or improperly where MMJTLS has supplied the Materials only. Should the Client subsequently request MMJTLS to rectify any such installation undertaken by the Client, MMJTLS shall be entitled to claim all associated costs involved in such remedial Works.
9.7 Whilst MMJTLS will take all due care during installation MMJTLS will not accept any responsibility for tiles or pavers damaged during installation.
9.8 MMJTLS shall not be responsible for digging land out under fence lines nor removal of soil from the work site.
9.9 MMJTLS reserves the right to touch-up all products supplied and installed on the work site to rectify minor blemishes or damage to paintwork.
9.10 If during the Works MMJTLS discovers any fossils, artefacts or any other remains of geological or archaeological interest is discovered MMJTLS reserves the right to halt all Works, remove any of their equipment from the Worksite and immediately notify the Client. Unless subject to clause 27.8, the Client accepts and agrees that all additional costs that may be incurred by MMJTLS as a result of any such delays (including but not limited to in the event MMJTLS is unable to remove their equipment from the Worksite, etc.) shall be borne by the Client and shall be treated as a variation in accordance with clause 6.2.
9.11 Where MMJTLS is requested to repair or replace damaged or destroyed fencing, MMJTLS shall endeavour to match the existing fence however, the Client accepts that there may be slight variations in colour or profile which is beyond MMJTLS’s control.
9.12 Where the Client has supplied materials for MMJTLS to complete the Works, the Client acknowledges that he accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. MMJTLS shall not be responsible for any defects in the Works, any loss or damage to the materials (or any part thereof), howsoever arising from the use of materials supplied by the Client. If, in MMJTLS’s judgement, the Client supplied Materials do not come up to the required industry standard, and MMJTLS have to supply replacement Materials, those replacement costs will be passed on to the Client.
9.13 The Client acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.
(b) that Materials supplied may:
(i) may exhibit variations in shade, colour, texture, markings, veining, and contain natural fissures, occlusions, and indentations, surface and finish, and may fade or change colour over time; and
(ii) expand, contract or distort as a result . MMJTLS will make every effort to match batches of exposure product supplied and to heat, cold, weather; and
(iii) mark or stain if exposed match new Materials to certain substances; and
(iv) existing items in order to minimise such variations but shall not be damaged or disfigured by impact or scratchingliable in any way whatsoever where such variations occur.
11.4 Xxxx Electrical accepts no responsibility for:
(a) 9.14 Where fencing is installed on a retaining wall MMJTLS shall not be liable for any damage movement in the fence due to consolidation, or defects in any Materials caused by the movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry soil or any other Works required for component of the restoration or making good of any surface/area where any Works have been carried outretaining wall.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical 9.15 MMJTLS shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts accept no responsibility for any damage or performance related problems with works undertaken by any Materials where third-party contractor employed by the Client. If the Client believes that they have not been used and/or maintained any claim in accordance with Xxxx Electrical’s and/or relation to the manufacturers’ recommendationsworks undertaken by that third party, then said claim must be made direct to the third-party contractor in the first instance. Payment for all other associated works shall be paid direct to that third-party contractor.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required 9.16 MMJTLS is not responsible for the Works be stored at removal of rubbish (including, but not limited to, old fencing, old doors, asbestos etc.) from the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibilityworksite.
Appears in 1 contract
Samples: Contract
Risk. 11.1 7.1 If Xxxx Electrical the Contractor retains ownership of the Materials under clause 15 12 then:
(a) where Xxxx Electrical the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical the Contractor or Xxxx Electricalthe Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).; or
(b) where Xxxx Electrical the Contractor is to both supply and install Materials then Xxxx Electrical the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 Notwithstanding the provisions of clause 11.1 if the Client specifically requests Xxxx Electrical to leave Materials outside Xxxx Electrical’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 7.2 The Client acknowledges and accepts that:that Materials supplied may exhibit variations in shade, colour, texture, surface and finish. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur.
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against 7.3 Where the reoccurrence Contractor is required to install the Materials the Client warrants that the structure of the initial faultpremises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and the Contractor shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or any further damage caused; andarising in connection with the installation and work incidental thereto.
(ii) Xxxx Electrical will immediately 7.4 Where the Materials supplied include a directional pattern the Client shall advise the Client Contractor at the time of the fault and shall provide quotation should they have a preference as to the Client with an estimate for direction in which the full repairpattern should run. If no preference is given to the Contractor by the Client, then the Contractor will install at their discretion.
(b) 7.5 The Contractor will not accept responsibility for any damage to the floor due to microenvironments caused by air-conditioning, heating or large expanses of glass windows without curtains or blinds.
7.6 Whilst the Contractor will take all due care to avoid contamination of the finished surface, the Contractor accepts no responsibility for contamination by natural contaminates such as dust or hair which may be present at the Worksite.
7.7 The Client acknowledges that Materials supplied may:
(ia) exhibit variations in texture, shade, colour, surface, finish, markings, and may fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iiib) mark or stain if exposed to certain substances; and
(ivc) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for7.8 The Client agrees to indemnify the Contractor from any damage caused by any other tradesman during and after the completion of the Works. If the Client instructions the Contractor to rectify any damage caused by any other tradesman, this will become a variation to the original quotation and will be charged at the Contractor’s normal hourly rate per clause 5.2.
7.9 The Contractor shall not be liable if the Client does not follow the Contractor’s recommendation to:
(a) any damage no foot or defects in any Materials caused by movement and/or interference vehicle traffic on the flooring for a minimum of the said Materials; andtwenty-four (24) hours but preferably seven (7) days.
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed no furniture to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility placed on floor for a minimum of the Client and will be shown as a variation on the invoiceforty-eight (48) hours.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 1 contract
Samples: Contract
Risk. 11.1
8.1 If Xxxx Electrical WPM retains ownership of the Materials under clause 15 14 then:
(a) where Xxxx Electrical WPM is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
(i) the Client or the Client’s nominated xxxxxxx takes possession of the Materials at WPM’s address; or
(ii) the Materials are delivered by Xxxx Electrical WPM or Xxxx ElectricalWPM’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical WPM is to both supply and install Materials then Xxxx Electrical WPM shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 8.2 Notwithstanding the provisions of clause 11.1 8.1 if the Client specifically requests Xxxx Electrical WPM to leave Materials outside Xxxx ElectricalWPM’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 8.3 Where WPM is required to install the Materials the Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and WPM shall not be liable for any claims, demands, losses, damages, costs and expenses however caused or arising in connection with the installation and work incidental thereto.
8.4 All potential waterproofing surfaces are subject to an inspection by WPM prior to the commencement of the Works. In the event that the surface is deemed unsuitable, then WPM reserves the right to halt the Works until such time as it is agreed between the Client and WPM as to the additional cost in further preparation of the surface in order to make it fit for waterproofing. The additional cost shall be charged as a variation to the quotation as per clause 6.2.
8.5 WPM is only responsible for Materials that are replaced by WPM, and in the event that other components, subsequently fail, the Client agrees to indemnify WPM against any loss or damage to the Works, or caused by the components, or any part thereof howsoever arising.
8.6 WPM shall not be liable whatsoever for:
(a) any loss or damage to the Works that is caused by any other tradesmen during and after the completion of the Works; or
(b) delays caused by any other third party suppliers that impacts on the provision of the Works by WPM; or
(c) materials and/or works supplied by the Client and/or any other third party; or
(d) any defect or damage resulting from incorrect or faulty installation carried out by any other third party and/or any damage or defects in any Materials caused by movement and/or interference of the said Materials; or
(e) if the Client instructs WPM to rectify any damage caused by any other tradesmen, this will become a variation to the original quotation and will be charged at WPM’s normal hourly rate; or
(f) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
8.7 In the event asbestos or any other toxic substances are discovered at the Worksite, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify WPM against any costs incurred by WPM as a consequence of such discovery. Under no circumstances will WPM handle removal of asbestos product.
8.8 The Client acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary repairs thatWPM shall apply the Materials to the manufacturer’s specification and in compliance with all relevant industry standards; and
(b) WPM may not be able to ascertain the depth of, or if a void or cavity is present under or inside the foundations without closer inspection. Any additional costs incurred by WPM for carrying out such investigation prior to repairing such a defect shall be invoiced as an extra. The Client also accepts that Works methods may alter as a result of any such investigation; and
(c) WPM gives no guarantee (expressed or implied) as to the length of time the curing process of repair Works will take due to factors or conditions outside WPM’s control (including, but not limited to, the surfaces and the existing condition of the defect, atmospheric conditions including humidity and temperature, the nature of the Works) and that cracking of concrete that may occur naturally in the Works such as:
(i) Xxxx Electrical offers no guarantee against the reoccurrence hairline cracking of the initial fault, or any further damage causedpaving and grout; andor
(ii) Xxxx Electrical will immediately advise damage caused by contact with chemicals, solvents, oils or any other substances; or
(iii) the Client of affects by elements such as heat exposure or wet weather conditions that prolong the fault and shall provide the Client with an estimate for the full repaircuring process.
(bd) Materials supplied may:
(i) exhibit variations in shade, colour, texture, surface, finish, markings and may contain natural fissures, occlusions, lines, indentations and may fade or change colour over time; and
(ii) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
8.10 It shall be WPMs responsibility to ensure flood testing is conducted on any waterproofing works undertaken by WPM no less than seven (iv7) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts days (and no responsibility for:
more than thirty (a30) any damage or defects in any Materials caused by movement and/or interference days) from the date of completion. WPM may conduct this testing at the request of the said Materials; and
(b) paintingClient, re-decoratingthe cost of which shall be quoted and treated as a separate agreement. Where the testing is being undertaken by another party, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour it shall be the Clients responsibility to ensure WPM is supplied with the results within forty-eight (48) hours of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be them being obtained by the Client’s responsibility.
Appears in 1 contract
Samples: Contract
Risk. 11.1 7.1 If Xxxx Electrical B & H Xxxxx retains ownership of the Materials under clause 15 12 then:
(a) where Xxxx Electrical B & H Stone is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
(i) the Client or the Client’s nominated carrier takes possession of the Materials at B & X Xxxxx’x address; or
(ii) the Materials are delivered by Xxxx Electrical B & H Stone or Xxxx Electrical’s B & X Xxxxx’x nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical B & H Stone is to both supply and install Materials then Xxxx Electrical B & H Stone shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 7.2 Notwithstanding the provisions of clause 11.1 7.1 if the Client specifically requests Xxxx Electrical B & H Stone to leave Materials outside Xxxx ElectricalB & H Stone’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 7.3 Where B & H Stone is required to install the Materials the Client warrants that the structure of the premises or equipment in or upon which these Materials are to be installed or erected is sound and will sustain the installation and work incidental thereto and B & H Stone shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising in connection with the installation and work incidental thereto.
7.4 The Client acknowledges that variations of colour, shade and grain are inherent in all kiln fired products and natural stone. While every effort will be taken by B & H Stone to match colour, shade or grain of product, B & H Stone shall not be liable for any loss, damages or costs howsoever arising resulting from any variation in colour, shading or grain between batches of product or sale samples and the final product supplied.
7.5 Where the Client has supplied materials for B & H Stone to complete the Works, the Client acknowledges that he accepts that:
responsibility for the suitability of purpose, quality and any faults inherent in the materials. B & H Stone shall not be responsible for any defects in the materials, any loss or damage to the Materials (a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(ii) Xxxx Electrical will immediately advise part thereof), howsoever arising from the Client use of materials supplied by the fault and shall provide the Client with an estimate for the full repairClient.
(b) 7.6 The Client acknowledges that Materials supplied may:
(ia) fade or change colour over time; and
(iib) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iiic) mark or stain if exposed to certain substances; and
(ivd) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 1 contract
Samples: Contract
Risk. 11.1 10.1 If Xxxx Electrical Chillwell Limited retains ownership of the Materials under clause 15 14.2 then:
(a) where Xxxx Electrical Chillwell Limited is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
(i) the Client or the Client’s nominated carrier takes possession of the Materials at Chillwell Limited’s address; or
(ii) the Materials are delivered by Xxxx Electrical Chillwell Limited or Xxxx ElectricalChillwell Limited’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical Chillwell Limited is to both supply and install Materials then Xxxx Electrical Chillwell Limited shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 10.2 Notwithstanding the provisions of clause 11.1 10.1 if the Client specifically requests Xxxx Electrical Chillwell Limited to leave Materials outside Xxxx ElectricalChillwell Limited’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 10.3 The Client acknowledges and accepts agrees that where Chillwell Limited has performed temporary repairs on the equipment that:
(a) where Xxxx Electrical has performed temporary repairs that:
(i) Xxxx Electrical Chillwell Limited offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(iib) Xxxx Electrical Chillwell Limited will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repairrepair of the damaged equipment.
(b) 10.4 Any advice, recommendation, information, assistance or service provided by Chillwell Limited in relation to the Works and/or Materials supplied may:
(i) fade or change colour over time; and
(ii) expandis given in good faith, contract or distort as a result is based on Chillwell Limited‘s own knowledge and experience and shall be accepted without liability on the part of exposure to heatChillwell Limited, cold, weather; and
(iii) mark or stain if exposed to certain substances; and
(iv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour it shall be the responsibility of the Client to confirm the accuracy and reliability of the same in light of the use to which the Client makes or intends to make of the Works and/or Materials.
10.5 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to crawl spaces and/or roofing), Chillwell Limited reasonably forms the opinion that the Client’s premises is not safe for the installation of Materials to proceed then Chillwell Limited shall be entitled to delay installation of the Materials (in accordance with clause 9.2) until Chillwell Limited is satisfied that it is safe for the installation to proceed.
10.6 In the event asbestos or any other toxic substances are discovered at the property, that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Chillwell Limited against any costs incurred by Chillwell Limited as a consequence of such discovery. Under no circumstances will Chillwell Limited handle removal of asbestos product.
10.7 All work will be shown as a variation on tested to ensure that it is electrically safe and is in accordance with the invoicewiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
11.6 Xxxx Electrical will 10.8 Where the Client has supplied materials for Chillwell Limited to complete the Works, the Client acknowledges that they accepts responsibility for the suitability of purpose, quality and any faults inherent in the materials. Chillwell Limited shall not be liable to responsible for any defects in the Client for Works, any loss or damage to the Materials (or any part thereof), howsoever arising from the use of materials supplied by the Client.
10.9 The Client acknowledges that:
(a) Chillwell Limited is only responsible for parts that are replaced by Chillwell Limited, and in the event that other parts/goods, subsequently fail, the Client suffers because Xxxx Electrical has exercised its rights agrees to indemnify Chillwell Limited against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising;
(b) all descriptive specifications, illustrations, drawings, data dimensions, and weights stated in Chillwell Limited’s fact sheets, price lists or advertising material are indicative only and that they have not relied on such information; and
(c) they shall
(i) not be entitled to withhold any payment due under this clause.contract because of any delay in the connection of, or the supply of electricity to the Materials by an electrical distributor or any other third party;
11.7 Xxxx Electrical accepts no responsibility (ii) be responsible for any building work, excavation work, core drilling or any other non-standard surface penetrations that need to be carried out to enable Chillwell Limited to carry out the Works; and
(iii) provide and have erected scaffolding to enable the Works to be undertaken (where in Chillwell Limited’s opinion it is deemed necessary). Any scaffolding must comply with industry safety standards and any person erecting the scaffolding shall be suitably qualifie d to ensure its safe and proper erection, and where necessary, shall hold a current certificate of competency and/or be fully lice nsed; and
(iv) remove any furniture or personal/valuable items from the vicinity of the Works, and agrees that Chillwell Limited shall not be liable for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts caused to protect all those items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be through the Client’s responsibilityfailure to comply with this clause; and
(v) provide Chillwell Limited while at the worksite with adequate access to electricity, temporary lighting, toilet, eating and first aid facilities if so required;
(vi) be wholly responsible for:
(A) the removal of rubbish from or clean-up of the worksite; and
(B) any animals and/or children present on the worksite.
Appears in 1 contract
Samples: Contract
Risk. 11.1 7.1 If Xxxx Electrical P & M Fireplaces retains ownership of the Materials under clause 15 11 then:
(a) where Xxxx Electrical P & M Fireplaces is supplying Materials only, all risk for the Materials shall immediately pass to the Client Customer on delivery and the Client Customer must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that either:
(i) the Customer or the Customer’s nominated carrier takes possession of the Materials at P & M Fireplaces’ address; or
(ii) the Materials are delivered by Xxxx Electrical P & M Fireplaces or Xxxx Electrical’s P & M Fireplaces’ nominated carrier to the ClientCustomer’s nominated delivery address (even if the Client Customer is not present at the address).
(b) where Xxxx Electrical P & M Fireplaces is to both supply and install Materials then Xxxx Electrical P & M Fireplaces shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the ClientCustomer.
11.2 7.2 Notwithstanding the provisions of clause 11.1 7.1 if the Client Customer specifically requests Xxxx Electrical P & M Fireplaces to leave Materials outside Xxxx Electrical’s P & M Fireplaces’ premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client Customer and it shall be the ClientCustomer’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the ClientCustomer’s expense.
11.3 7.3 P & M Fireplaces shall be entitled to rely on the accuracy of any plans, specifications and other information provided by the Customer. The Client Customer acknowledges and agrees that in the event that any of this information provided by the Customer is inaccurate, P & M Fireplaces accepts no responsibility for any loss, damages, or costs however resulting from these inaccurate plans, specifications or other information.
7.4 The Customer warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any connections (including, but not limited to, cylinders, pipes, couplings and valves) are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, rotten timber or dangerous access to crawl spaces) that P & M Fireplaces, or employees of P & M Fireplaces, reasonably form the opinion that the Customer’s premises is not safe for the installation of Materials to proceed then P & M Fireplaces shall be entitled to delay installation of the Materials until P & M Fireplaces is satisfied that it is safe for the installation to proceed.
7.5 The Customer acknowledges and accepts that:
(a) where Xxxx Electrical the Customer wants to use an existing outer flue and/or flashing and it consequently leaks after installation of the Materials, then all repair or replacement costs shall be the Customer’s responsibility;
(b) where P & M Fireplaces has performed temporary repairs that:
(i) Xxxx Electrical P & M Fireplaces offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and;
(ii) Xxxx Electrical P & M Fireplaces will immediately advise the Client Customer of the fault and shall provide the Client Customer with an estimate for the full repair.repair required;
(bc) P & M Fireplaces is only responsible for parts that are replaced by P & M Fireplaces and does not at any stage accept any liability in respect of previous services and/or goods supplied by any other third party that subsequently fail and found to be the source of the failure, the Customer agrees to indemnify P & M Fireplaces against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising; and
7.6 Materials supplied may:
(ia) fade or change colour over time; and;
(iib) expand, contract or distort as a result of exposure to heat, cold, weather; and;
(iiic) mark xxxx or stain if exposed to certain substances; and
(ivd) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 7.7 Where Xxxx Electrical P & M Fireplaces requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client Customer shall supply Xxxx Electrical P & M Fireplaces a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the ClientCustomer’s responsibility.
Appears in 1 contract
Samples: Contract
Risk. 11.1 9.1 If Xxxx Electrical the Contractor retains ownership of the Materials under clause 15 13 then:
(a) where Xxxx Electrical the Contractor is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical the Contractor or Xxxx Electricalthe Contractor’s nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).
(b) where Xxxx Electrical the Contractor is to both supply and install Materials then Xxxx Electrical the Contractor shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 9.2 Notwithstanding the provisions of clause 11.1 9.1 if the Client specifically requests Xxxx Electrical the Contractor to leave Materials outside Xxxx Electricalthe Contractor’s premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 9.3 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation thereof and are of suitable capacity to handle the Materials once installed. If for any reason (including the discovery of asbestos, defective or unsafe structures or risk), the Contractor, or the Contractor’s employees, reasonably form the opinion that the Client’s premises is not safe for the Works to proceed then the Contractor shall be entitled to delay the provision of the Works (in accordance with clause 7.2) until the Contractor is satisfied that it is safe for the installation to proceed.
9.4 The Client acknowledges and accepts that:
(a) where Xxxx Electrical has performed temporary the Contractor’s quotation for repairs that:to existing roofs (tiles) shall be based only on the replacement of damaged roofing/cladding/tiles and/or any other roofing materials and shall not include the replacement of roofing/cladding/tiles and/or any other roofing materials with slight imperfections unless authorised by the Client prior to the commencement of the Works. If the Client requests the replacement of roofing/cladding/tiles and/or any other roofing materials that have slight imperfections but the Contractor does not deem to be defective or affect the integrity of the roof then this shall be a variation to the original quotation and clause 6.2 will apply;
(ib) Xxxx Electrical offers no guarantee against persons other than those authorised or employed by the reoccurrence Contractor are to walk on the treated roof surface for a period of twenty-one (21) days after completion of the initial faultjob and at no time are any persons permitted to be in the areas of the Works. The Contractor shall not be liable for any loss, damages, injuries, or costs however arising resulting from the Client’s failure to comply with this clause;
(c) that the Contractor accepts no liability for any further subsequent loss or damage caused(including, but not limited to, internal water damage) to the Client’s property which may occur during the cleaning process where such loss or damage is due to pre-existing faults or leaks;
(d) the presence of plant/tree root growth and/or blockages generally indicates damaged pipes. Accordingly, the Client agrees that these pipes cannot be fixed by simply removing plant/tree root growth or cleaning the drain, therefore no warranty is provided against this situation arising again in the future and in respect of any work carried out in relation hereto;
(e) they shall remove any tangible items susceptible to damage from the vicinity of the Works (and provide protection where necessary), and agrees that the Contractor shall not be liable for any damage caused to those items through the Client’s failure to comply with this clause;
(f) where an anodised surface finish has been selected, slight colour variation may occur between the main unit frame and any installation trims or drainage components used due to the difference in metal alloys available and manufacturing standards and tolerances shall not deemed to be a defect in the Materials; and
(ii) Xxxx Electrical will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.
(bg) Materials (including but not limited to timber, steel, roofing/cladding, etc.) supplied may:
(i) exhibit variations in shade, colour, texture, surface, markings, finish, and may contain natural fissures, occlusions, lines, indentations. The Contractor will make every effort to match batches of product supplied in order to minimise such variations but shall not be liable in any way whatsoever where such variations occur;
(ii) fade or change colour over time; and;
(iiiii) expand, contract or distort as a result of exposure to heat, cold, or weather; and;
(iiiiv) mark or stain if exposed to certain substances; and
(ivv) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of 9.5 Where the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical Contractor requires that Materials, fittings and appliances, or plant and tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical the Contractor a safe area for storage and shall take all reasonable efforts to protect all items from possible destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
9.6 The Client further acknowledges that it is important to minimise damage to Asbestos/Hazardous Materials whilst removing, and surrounding fittings may be damaged (accidentally or deliberately) in order to safely achieve this. Whilst the Contractor will take all care and adhere to clause 12.1, the Client agrees to indemnify, and hold harmless, the Contractor for any loss or damage to the site.
Appears in 1 contract
Samples: Contract
Risk. 11.1 9.1 If Xxxx Electrical Couchmans retains ownership of the Materials under clause 15 0 then:
(a) where Xxxx Electrical Couchmans is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on or before delivery. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Xxxx Electrical Couchmans or Xxxx Electrical’s Couchmans’ nominated carrier to the Client’s nominated delivery address (even if the Client is not present at the address).; or
(b) where Xxxx Electrical Couchmans is to both supply and install Materials then Xxxx Electrical Couchmans shall maintain a contract works insurance policy until the Works are completed. Upon completion of the Works all risk for the Works shall immediately pass to the Client.
11.2 9.2 Notwithstanding the provisions of clause 11.1 9.1 if the Client specifically requests Xxxx Electrical Couchmans to leave Materials outside Xxxx Electrical’s Couchmans’ premises for collection or to deliver the Materials to an unattended location then such materials shall always be left at sole risk of the Client and it shall be the Client’s responsibility to ensure the Materials are insured adequately or at all. In the event that such Materials are lost, damaged or destroyed then replacement of the Materials shall be at the Client’s expense.
11.3 9.3 Whilst the final location of the condensing unit is at the discretion of the Client, a charge will apply as a variation as per clause 6.2, if the Client requests the unit to not be located adjacent to the external wall, due to the underground piping required.
9.4 The final location of the wall, window or floor unit must be determined on the Worksite by the Client.
9.5 Couchmans shall upon installation ensure that all installed Materials meet current industry standards applicable to noise levels, however Couchmans cannot guarantee that noise levels will remain constant post installation as the Materials may be impacted by many factors such as the weather, lack of maintenance, tampering etc.
9.6 In the event that any of the equipment needs to be relocated due to complaints from neighbours or local authorities, then the Client shall be responsible for any and all costs involved.
9.7 The Client acknowledges and accepts that:agrees that it is their responsibility to insure any equipment partly or completely installed on the Worksite, against theft or damage.
9.8 In the event that the electrical wiring is required to be re-positioned at the request of any third party contracted by the Client then the Client agrees to notify Couchmans immediately upon any proposed changes. The Client agrees to indemnify Couchmans against any additional costs incurred with such a relocation of electrical wiring. All such variances shall be invoiced in accordance with clause 6.2.
9.9 All work will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Act, Regulations and Codes of Practice. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
9.10 The Client warrants that any structures to which the Materials are to be affixed are able to withstand the installation of the Materials and that any electrical connections (aincluding, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to roofing or crawl spaces), Couchmans reasonably forms the opinion that the Client’s premises is not safe for the installation of Materials to proceed then Couchmans shall be entitled to delay installation of the Materials (in accordance with the provisions of clause 7.2 above) until Couchmans is satisfied that it is safe for the installation to proceed.
9.11 The Client acknowledges that in the event asbestos or any other toxic substances are discovered during the installation that it is the Client’s responsibility to ensure the safe removal of the same. The Client further agrees to indemnify Couchmans against any costs incurred by Couchmans as a consequence of such discovery. Under no circumstances will Couchmans handle removal of any asbestos product.
9.12 The Client acknowledges that Couchmans is only responsible for parts that are replaced by Couchmans, and in the event that other parts/Materials, subsequently fail, the Client agrees to indemnify Couchmans against any loss or damage to the Materials, or caused by the Materials, or any part thereof howsoever arising.
9.13 The Client acknowledges and agree that where Xxxx Electrical Couchmans has performed temporary repairs that:
(ia) Xxxx Electrical Couchmans offers no guarantee against the reoccurrence of the initial fault, or any further damage caused; and
(iib) Xxxx Electrical Couchmans will immediately advise the Client of the fault and shall provide the Client with an estimate for the full repair.
(b) 9.14 The Client acknowledges that Materials supplied may:
(ia) fade or change colour over time; and
(iib) expand, contract or distort as a result of exposure to heat, cold, weather; and
(iiic) mark or stain if exposed to certain substances; and
(ivd) be damaged or disfigured by impact or scratching.
11.4 Xxxx Electrical accepts no responsibility for:
(a) any damage or defects in any Materials caused by movement and/or interference of the said Materials; and
(b) painting, re-decorating, re-sealing, carpentry or any other Works required for the restoration or making good of any surface/area where any Works have been carried out.
11.5 If during the course of installation when the Works are being conducted within and around switchboards that if the same is found defective or deemed to be unsafe by Xxxx Electrical, then Xxxx Electrical shall notify the Client immediately. The power, if isolated, will not be re- energised until such time as the existing condition has been rectified and made safe in accordance to the Electrical Safety Regulations. The Client accepts and agrees that any costs associated with the rectification Works including any Materials and labour shall be the responsibility of the Client and will be shown as a variation on the invoice.
11.6 Xxxx Electrical will not be liable to the Client for any loss or damage the Client suffers because Xxxx Electrical has exercised its rights under this clause.
11.7 Xxxx Electrical accepts no responsibility for any damage or performance related problems with any Materials where they have not been used and/or maintained in accordance with Xxxx Electrical’s and/or the manufacturers’ recommendations.
11.8 Where Xxxx Electrical requires that Materials, tools etc. required for the Works be stored at the Worksite, the Client shall supply Xxxx Electrical a safe area for storage and shall take all reasonable efforts to protect all items from destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
Appears in 1 contract
Samples: Contract
