Terms & Conditions

1. Definitions

In these Terms:

“Company” refers to Ashton Lloyd Pty Ltd ACN 651859602;
“Client” refers to the individual or organization engaging the Company to perform the Work;
“Indirect Loss” includes but is not limited to loss of revenue, business, profits, goodwill, reputation, or any other indirect or consequential damage;
“Agreement” refers to the contract between the Company and the Client, consisting of the Proposal, these Terms, and the Order;
“Contract Price” is the cost for completing the Work as detailed in the Proposal;
“Contract Duration” is the time frame for completing the Work as specified in the Proposal or as otherwise agreed in writing;
“Unforeseen Event” refers to events beyond the control of the Company, including but not limited to government actions, natural disasters, or other similar events that could not have been reasonably anticipated;
“Invoice” refers to a billing statement issued by the Company to the Client for payment;
“Loss” encompasses any claims, costs, damages, or liabilities (whether direct, indirect, or consequential);
“Work Site” refers to the location where the Work is to be carried out;
“Proposal” is the Company’s estimate for the Work;
“Work” refers to the tasks specified in the Proposal;
“Personnel” includes the Company’s directors, employees, agents, and subcontractors.

2. General

(a) The Company agrees to carry out the Work described in the Proposal for the Contract Price, which may be adjusted in accordance with these Terms. The Proposal must be accepted in writing within 30 days from the date of the Proposal, otherwise, the Company reserves the right to revise it.

(b) The Agreement: i. Replaces all prior discussions, representations, and arrangements related to the supply of the Work; ii. Takes precedence over any other terms or conditions exchanged between the parties.

(c) Commencement of the Work at the Work Site by the Company, as directed by the Client, or any payment by the Client will be considered acceptance of these Terms.

(d) The Company may subcontract part or all of the Work.

3. Payment Terms

(a) If a deposit is required as stated in the Proposal, the Client must pay the deposit before the commencement of the Work.

(b) The Company may: Submit progress claims if the Work value exceeds $20,000, Progress claims will be required at the following stages: Deposit on receipt of Purchase Order, Progress when works commence, Final when works complete on site or as per identified in quote or contract issued. The Client must pay the Invoice within set payment due date, displayed on invoice.

4. Access

The Client must provide access to the Work Site for the Company and its subcontractors during permitted working hours. The Client must also remove any obstacles that could impede the Work. The Client must get approval from builder to access area during works.

5. Materials, Details and Dimensions

The Client must provide all necessary dimensions and specifications in a timely manner to enable the Company to complete the Work as per the Agreement.

6. Existing Underground Services

Provided the Client informs the Company of any underground services within a reasonable time before the Work begins, the Company will repair any damage it may cause to such services at no cost to the Client.

7. Hazardous Materials

This Agreement assumes that the Work Site is free of hazardous materials like asbestos. If such materials are discovered, the Client is responsible for resolving the issue and covering any additional costs incurred by the Company.

8. Finished Surfaces

Unless otherwise agreed, the Client is responsible for restoring any finished surfaces, such as ceiling tiles or brickwork, that the Company may need to disturb during the Work.

9. Variations

(a) If the Client requests changes to the Work during the Contract Duration, the Company may adjust the Contract Price and extend the completion time accordingly. The Client will be responsible for any additional costs due to these changes.

(b) The Company will provide a revised quotation for the variations, which must be accepted in writing within 3 days. If not accepted within this period, the Company reserves the right to revise the quotation.

10. Delays

The Company is not liable for delays caused by factors beyond its control, including Client actions, Variations, or Unforeseen Events. The Contract Duration will be extended to account for such delays.

11. Ownership of Materials

The Work is at the Client’s risk. Ownership of materials provided by the Company will transfer only upon full payment

12. Warranties

(a) For Work involving electrical components, the Company guarantees that all materials and workmanship will comply with relevant regulations and standards in effect at the time of Work.

(b) The Company will address defects reported in writing within six months of the Work’s completion, provided the Client has not taken possession without the Company’s consent.

(d) If materials or workmanship are warranted by a third party, the Company will pass on this warranty to the Client, superseding any other warranties.

(e) The Company does not warrant materials provided by the Client.

13. Limitation of Liability

(a) The Company is not liable for any Indirect Loss arising from its performance or failure to perform under the Agreement.

(b) In no case shall the Company’s liability exceed 10% of the Contract Price.

14. Client Cancellation

(a) If the Client cancels the Agreement, they must pay for the Work completed and compensate the Company for any resulting Losses.

(b) Either party may terminate the Agreement if the other breaches it in a way that cannot be remedied or is not remedied within 7 days of notice.

(c) Termination under clause 14(b) does not affect rights or remedies accrued before termination, including the Company’s right to compensation for any Losses.

(d) The Company may terminate the Agreement at its discretion by giving the Client 14 days’ notice.

15. Unforeseen Events

(a) The Company is not liable for failing to perform any obligations due to an Unforeseen Event. The Company may suspend performance while the event continues without incurring liability.

(b) If the event continues for more than 30 days, the Company may terminate the Agreement without liability.

16. Implied Terms

No warranties or conditions other than those stated in these Terms are included in the Agreement unless required by law.

17. Unsafe Wiring or Equipment

If the Work involves electrical components, the Company must ensure that all wiring or equipment is safe and comply with relevant regulations. If additional work is required to ensure safety, the Client must allow the Company to perform it and cover the costs.

18. Non-Solicitation

(a) The Client agrees not to solicit, offer employment to, or hire any Personnel of the Company without the Company’s prior written consent.

(b) Any Personnel hired under a written agreement cannot start work with the Client until three months after leaving the Company unless otherwise approved.

(d) The obligations under this clause survive the termination of the Agreement.

19. Public Announcements

The Client must not make any public statements about the Agreement or the Company without prior written consent, except as required by law.