Acceptance of Aser Contracts Quotation by the Client constitutes the contract for Aser Contracts to carry out the Works in accordance with these Terms & Conditions.

3.1 Aser Contracts represents and warrants that Aser Contracts has all the necessary skills, knowledge, experience and expertise to perform the services and will perform the service in a proper and competent manner.

3.2 Aser Contracts holds all necessary licences and permits required in order to allow Aser Contracts to perform the services.  Where there are any applicable industry standards and codes, they will at all times be complied with by Aser Contracts. Aser Contracts and all Aser Contracts employees and permitted sub-contractors are properly qualified, experienced, licensed (where applicable) and competent to properly perform and will perform the service to the required standards and codes.

3.3 Aser Contracts will provide all equipment and all materials as may be necessary to properly and efficiently perform the service.  Unless otherwise agreed in writing all materials including products supplied will be new and of high quality fit for their purpose.  All Aser Contracts equipment will be safe for use, be properly maintained and capable of being used to carry out the service.

3.4 Aser Contracts may use sub-contractors to provide any of the service.  In such circumstances, Aser Contracts will ensure that:

(a) the sub-contractors so engaged are suitably qualified, hold all necessary licences and are otherwise able to perform the service in a proper and workman-like manner;

(b) the sub-contractors so engaged do not by act or omission do or not do anything that would if done or not done by Aser Contracts be a breach any of these terms;

(c) the sub-contractors so engaged have current or necessary insurances.

3.5 Aser Contracts is solely responsible for all fees payable to sub-contractors.

3.6 The Client is responsible for obtaining any planning permission required for the Works, unless otherwise agreed.

4.1 If the Client wishes to omit or vary any of the Works (or any design or materials) they must inform Aser Contracts in writing.  Aser Contracts will then supply to the Client an estimate of the cost of the variation and the likely effect on the Contract period and Completion Date.

4.2 Unless the Client withdraws their request for a variation when they receive Aser Contracts estimate, the Contract Price will be adjusted in accordance with Aser Contracts estimate (or as otherwise agreed between the Client and Aser Contracts) and an appropriate extension of time for completion of the Works shall be agreed.

4.3 If a variation is agreed verbally, either Aser Contracts or the Client will confirm it in writing within 3 working days.

4.4 Aser Contracts will notify the Client if they encounter any difficulties which could not have reasonably foreseen when submitting the Quotation and, in those circumstances, a fair and reasonable adjustment to the Contract Price and Completion Date will be made.

6.1 Aser Contracts will at all times have current Public Liability Insurance, relevant to the contracted requirements, in addition to, Workers Compensation insurance.

6.2 Aser Contracts will provide the Client with details of the insurances upon request.

6.3 Where the Works are to be carried out in an existing building, the Client will be responsible for insurance of the Works with Aser Contracts named as co-insured and the Client will provide details of the insurance to Aser Contracts upon request.

7.1 The proposed Commencement Date and Completion Date shall be mutually agreed with Aser Contracts in writing.

7.2 Aser Contracts will notify the Client within 5 working days of becoming aware of any event beyond their control which may prevent or delay completion of the Works by the Completion Date.

7.3 Aser Contracts will give the Client notice of their intention to hand over the Works on completion and will give the Client the opportunity to inspect the Works before handover.

7.4 Aser Contracts will be responsible for remedying defects in the Works as agreed by both parties. Defects in design or materials supplied by the Client and defects attributable to fair wear and tear or to misuse or failure by the Client to comply with any operating or maintenance manuals will not be the responsibility of Aser Contracts.

7.5 Where equipment or materials used in the Works have the benefit of a manufacturer’s warranty, Aser Contracts will take steps to procure that the Client has the benefit of that warranty.

8.1 Aser Contracts may give notice to terminate the Contract if the Client fails to make any payment to Aser Contracts within 30 days of the payment date or commits any other material breach of the Contract.

8.2 The Client may give notice to terminate the Contract if Aser Contracts commits a material breach of the Contract and, in the case of a breach capable of remedy, fails to take steps to remedy the breach within 28 days of being requested to do so in writing.

8.3 Termination will not affect the accrued rights and liabilities of the parties at the termination date.

9.1 The parties will endeavour to settle any dispute or difference amicably by direct negotiation.

9.2 It is agreed by the Parties that these Terms and Conditions will be construed in accordance with the Law of Western Australia and each Party covenants that it submits to the jurisdiction of the Courts of Western Australia for the resolution of any dispute under the Agreement.

10.1 Neither Aser Contracts nor the Client shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.