General Terms and Conditions
“Customer” means the customer whose name is set out for the services being provided
“Premises” means the customer’s address set out for the work being provided
“Works” means the work which GAP Trade Services or it’s agents have been called by the customer to the premises to perform, or those works which it has become evident to GAP Trade Services or it’s agent are required to be performed.
1. The customer acknowledges that GAP Trade Services may engage an agent or sub contractor to perform the works.
2. The customer or occupant of the premises must be present while the works are completed, unless the premise are vacant and unfurnished or written authorisation is received from the occupant of the premises prior to the commencement of the works.
3. The customer must provide safe access to all the relevant areas within the premises (including garage etc.) to which access is required in order to carry out the works.
4. If a clear and present danger is discovered, and the rectification of this hazard is not part of the works, this further works must be authorised separately by the customer.
a) In the event of a gas hazard, a gas appliance or section of gas consumer piping may be disconnected or cut off for safety. where required, a report will be submitted to jemena pty ltd advising of the appliance/consumer piping disconnection.
5. To the extent permitted by law, GAP Trade Services, it’s agents and contractors are not liable for any consequential loss or damage nor for any loss of profits, business or anticipated savings however caused, including without limitation, through breach of contract, in tort (excluding negligence), in equity, or for breach of statute in relation to the works.
6. Due to the nature of some types of services provided, it may be necessary to cut openings for access in walls, floors, ceilings or disturb finished surfaces to allow for the installation of wiring or pipes. gap trade services will endeavour to inform you if this is necessary. the making good of any surfaces such as patching or painting is the responsibility of the person authorising the work, unless agreed to in writing by GAP Trade Services.
7. After completion of the work, gap trade services will issue an invoice to the customer for the work performed. the customer must pay to GAP Trade Services the charges and other costs for the works set out in the invoice plus get in full without deduction or set off upon receipt of the invoice or such other date agreed with by GAP Trade Services.
8. If the invoice is unpaid by the due date for payment agreed with by GAP Trade Services. GAP Trade Services may in its descretion (in addition to any other remedies available) charge interest of the unpaid amount from the due date for payment of the invoice up to and including the date the invoice is actually paid at a rate of 10% per day for residential works and 20% per day for commercial works. interest will accrue at a daily rate and will be payable on demand.
9. Any quotes for works to be performed or parts to be provided in the future are current for a period of 30 days from the date of the quote. all prices and charges are exclusive of gst unless otherwise stated. if works do not commence within 30 days of the date of the quote, GAP Trade Services or its agents may review and amend the quote and advise the customer accordingly. unless the customer raises a dispute with gap trade services or it’s agents within 3 days after receipt of an amendment to the cost of the works, the customer is deemed to have accepted the revised charge.
10. These terms and conditions are governed by the laws of the state of new south wales and each of the parties irrevocably submits to the jurisdiction of the courts of that state.
11. No alterations or amendments to the form of these terms and conditions are effective unless the prior written approval of GAP Trade Services is obtained.
12. This clause 12 applies where the customer requesting the works is not the owner of the premises:
The customer is taken to have read and agreed to these terms and conditions, including:
a) To warrant that the customer’s landlord/landlords agent has given the necessary authorisation required by law for the works to proceed and that the customer will indemnify GAP Trade Services against any and all less, damages, cost and expense suffered and incurred as a result of any failure to obtain such authorisation; and
b) To indemnify GAP Trade Services against any and all loss, damage and expenses suffered or incurred as a result of any failure by the customers landlord/landlords agent to pay in a due and punctual manner all or any part of the amount owing under the invoice.
