1. Terms and Conditions These terms and conditions shall form part of the contract unless specifically excluded in writing by an authorised representative of Western Power.
2. Period of Acceptance This quotation is to remain in force for 90 DAYS from the date it bears. Acceptance of the quote shall be signified by the signing of the remittance by the customer or other person authorised by the customer and receipt thereof together with payment (and Bank Guarantee if applicable) by Western Power.
3. Credit Check Western Power retains the right to inquire as to the credit worthiness of a customer and retains the right to decline to perform or further perform the works whenever Western Power does not receive an acceptable credit reference, which shall be at the sole discretion of Western Power. The customer acknowledges and agrees that it shall have no claim or right or cause of action against Western Power by reason of Western Power declining to perform or further perform the works in the circumstances described in this clause.
4. Commencement and Completion of Works No work will commence until the price quoted has been received in full unless other arrangements are made in writing. Western Power does not guarantee the starting or completion dates specified in the quote.
5. Adverse Conditions Adverse conditions will incur additional charges as assessed by Western Power when those conditions are encountered. The cost of the job is based upon sandy soils and normal weather conditions. As such, Western Power reserves the right to charge for any additional costs incurred. Further, any delays incurred as a result of the customer’s actions will result in additional charges. You will be notified prior to the work continuing where the additional costs are greater than 20% of the quoted price.
6. Force Majeure Western Power shall not be liable to the customer for any loss, damage or expense caused by or attributable to force majeure. “Force Majeure” means any cause or event which is not reasonably within the control of the party affected and (without listing the generality of the foregoing) includes Acts of God; strikes; lockouts; stoppages or restraints of labour or other industrial disturbances; war, acts of public enemies, riot or civil commotion or sabotage; fire, explosion, earthquake, landslide, flood, washout, lightning, storm or tempest; breakdown or an accident to plant, machinery, equipment, lines or pipes howsoever caused; failure of suppliers to supply equipment or machinery; and restraints, embargoes or other actions of any government.
7. Consequential Loss Damages shall be limited to damages for direct and foreseeable loss attributable to breach or default under this Agreement. The rights of either party to damages for indirect or consequential loss are hereby excluded. Neither party shall be liable to the other for any loss of profit suffered by a party to this Agreement or any other person.
8. Modification A purported modification, variation or amendment of this Agreement including the scope of works or any waiver of any rights of any party or any approval or consent shall have no effect unless in writing and signed by the party to be charged, and may attract a subsequent design quote fee of $550.
9. Application of Acts and By-Law Nothing contained in these Terms and Conditions shall in any way limit the operation or effect of the Electricity Corporation Act 1994, Energy Corporations (Powers) Act 1994, Energy Corporations (Transitional and Consequential Provisions) Act 1994, or any Regulations, By-Laws or Orders made pursuant thereto.
10. Additional Charges Costs for reinstatement are not included unless specifically stated. Costs for works associated with other services are not included unless specifically stated. Cancellation or revision of works (see item 8 Modification, above) will result in an Administration fee as published in “Network Charges Schedule”, plus any incurred expenses being deducted from a refund cheque, or added to the revised quote, or payable in advance of the revision.
11. Responsibility for Boundaries. The Customer shall also be responsible for accurately pegging all necessary boundaries to enable accurate placement of cables in the allocated alignment.