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Terms - Luxeworks

QUOTE ACCEPTANCE

Price and Payment At Luxeworks sole discretion, the Price shall be either: as indicated on invoices provided by Luxeworks to the Client in respect of Works performed or Materials supplied; or Luxeworks quoted Pricewhich shall be binding upon Luxeworks providing that the Client shall accept the quotation in writing within thirty (30) days. Unless otherwise stated, quotations shall not have an allowance for: unforeseen scenarios such as concrete sub-based or drainage systems; or additional excavation and disposal costs.

 Luxeworks reserves the right to change the Price: If a variation to the Materials which are to be supplied is requested; or if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested;

The written quote is for the quoted works Luxeworks will complete and understood from the customers requirements. If expected works are not written in the quote; no cost has been included within quote resulting in works not being completed. It is the customers sole responsibility to ensure the scope of works of their project they are expecting is fully understood and written in the quote.

 or

 where additional Works are required due to the discovery of hidden or unidentifiable difficulties which are beyond the Contractor’s ability to accurately assess (including, but not limited to, poor weather conditions, limitations to accessing the site, sub-surface soil conditions (such as hard rock barriers such as limestone below the surface, tree stumps or iron reinforcing rods in concrete), obscured site defects, hidden services, additional site works requiring shoring, piling, piering, propping, under-pinning, remobilising or work site, soil stabilisation (if not included in the contract), or additional engineering required to acquire building license and/or imposed by site conditions or council requirements,) remobilisation of the work site, removal of excess soils or rubble etc) which are only discovered on commencement of the Works; or in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor’s control.

 Variations will be charged for on the basis of the Contractor’s quotation, and will be detailed in writing, and shown as variations on the Contractor’s invoice. The Client shall be required to respond to any variation submitted by the Contractor within ten (10) working days. Failure to do so will entitle the Contractor to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

 At the Contractor’s sole discretion, a non-refundable deposit may be required to secure a booking with the commencement date to be confirmed and that any such deposit paid will be decucted from the final invoice.

 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by the Contractor, which may be: on completion of the Works; or

before the delivery of the Work; or

 by way of progress payments in accordance with the Contractor’s specified progress payment schedule and such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the site but not yet installed. Generally the payment plan is based on:

 a deposit.

 A payment to cover all the materials costs to be paid on commencement of the Works;

an interim payment of fifty percent (50%) of the remaining balance due halfway during construction where such building works are planned for more than five (5) days;

Balance of outstanding amount due on completion.

 Failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Luxeworks.

 Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and Luxeworks.

 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.

 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other agreement for the sale of the Materials.

 The Client must pay GST, without deduction or set off any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 Materials Luxeworks endeavours to provide the best quality and competitive pricing on materials where possible.

 Material costs are a vulnerable commodity in current market, costs and availability of selected materials are only for valid 7 days of the date of the written quote, accept in where a quote has been accepted and acceptance fee has been paid in full.

 Quotes are valid for 30 days not including costs of Materials.

Delivery of the Works Its Luxeworks responsibility to ensure that the Works start as soon as it is reasonably possible.

The Works’ commencement date will be put back and/or the completion date extended by whatever time is reasonable if Luxeworks claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Luxeworks control, including but not limited to any failure by the Client to:

Make a selection; or

Have the site ready for the Works; or

Notify Luxeworks that the site is ready.

At Luxeworks sole discretion, the cost of delivery is either included in the Price.

Luxeworks may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

 Any time specified by Luxeworks for delivery of the Works is an estimate only and the Luxeworks will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Works to be supplied at the time and place as was arranged between both parties.

In the event that Luxeworks is unable to supply the Works as agreed solely due to any action or inaction of the Client, then Luxeworks shall be entitled to charge a reasonable fee for re-supplying the Works at a later time and date, and/or for storage of the Materials.

Where the Client requires the Works to be rescheduled or cancelled, the Client is required to provide the Contractor with at least forty-eight (48) hours’ notice prior to the scheduled commencement time.

Luxeworks recommends that where additional work is to be performed by third parties after the completion of completed works by Luxeworks, that such scheduling allows for any delays that may affect the Contractor satisfactorily completing the Works in the proposed timeframe (including, but not limited to, events out of Luxeworks control, weather, etc.).

Summary Important acceptance terms

I / We acknowledge that once materials have been ordered if I / We cancel the job refunds are based on return policies of the suppliers, which is some instances have a no return policy.

I / We acknowledge any booked projects that will be charged a minimum of 3 hours labour, accounting and billing costs for project preparation at $95.00 per hour.

I / We acknowledge 7 days’ notice is required in writing to matt@luxeworks.com to change the scheduled commencement of works date.

I / We acknowledge rescheduling within 24 hours of work commencement date, can result in a full day’s labour charge if there is any financial loss incurred to Mattsio.

Completion Payment: Payment must be made on the day of completion or works, failure to do so may result in Luxeworks removing the works to recover costs.

Building works and materials remain the property of Luxeworks until FULL payment is made.

Acceptance fee is payable no later than 7 business days prior to the scheduled commencement of works date.

Electronic Transactions Act 2003 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2003 or any other applicable provisions of that Act or any Regulations referred to in that Act. Accepting your quote online you are electronically signing that you accept the terms and conditions of Luxeworks.