IP Technologies (TJ & JR McKee Pty Ltd) seeks to provide quality equipment, installation and ongoing service, however liability for failure, loss or damage cannot be accepted. This quote is only valid until the date shown above. IP Technologies cannot be held responsible for any of the existing cabling and equipment in a building or home. Equipment remains the property of IP Technologies until ALL payments have been received.   Note: Any wireless transmissions cannot always be guaranteed on a wireless network. By signing this document you are agreeing to our terms and conditions at IP Technologies.

Payment Terms

• Payment terms are 7 days from invoice.
• In the event a delinquent account is placed in the hands of a solicitor

or debt collector for settlement the CLIENT shall be responsible for all solicitor’s fees plus all other reasonable costs of collection, including court costs.

• Finance leasing terms and conditions are enforced by the financier of the lease.

Unforeseen Circumstances

• In addition to the sums referred to in this agreement or subsequent

“Variation Requests”, the CLIENT shall pay to the CONTRACTOR any amounts reasonably charged for the following –

(a) FALSE CALLOUT – When the client or his representative arranges site attendance and work is unable to proceed.

(b) AFTER HOURS – Work required to be done outside the hours of 7am to 6pm Monday to Friday, except where the CONTRACTOR voluntarily elects to work past 6pm or on weekends with the CLIENTS prior approval & except where a current service contract exists.

(c) EXCESSIVE DELAYS – Unscheduled delays on the part of the CLIENT or by any reason or combination of circumstance outside the control of the CONTRACTOR, such as strikes, lockouts, obstructions at the site or any other matter or cause beyond the control of the CONTRACTOR.

(d) PRODUCT PRICING & AVAILABILITY – Increases in equipment pricing or costs incurred in substitution of alternative equipment when equipment becomes unavailable. The CONTRACTOR will advise the CLIENT of potential price increases or availability concerns wherever possible. 

Standard of work

• The CONTRACTOR agrees to complete all work detailed in the quotation in a professional and workmanlike manner in accordance with all the terms and conditions of this agreement.

• The CONTRACTOR shall ensure that all work that is carried out is done at a time and in a manner to minimise inconvenience to the CLIENT.

• The CONTRACTOR shall provide to the CLIENT such advice as is reasonable to ensure the smooth operation of the installation process, including advice about the provision of power and antenna outlets and other works such as cabinetry layout and design that are likely to impact on the CONTRACTORS scope of work.

Exclusions

• Unless specified in this proposal, the following items are excluded from the scope of work agreed to.

(a) Building works including but not limited to patching, painting and repairs.

(b) Core hole drilling.

(c) Cabinet modifications

(d) Light fittings, solar panels, 240 volt works.

(e) Trenching for cable unless specified.

Insurance

• The CONTRACTOR will ensure that all of its employees are covered under the Workers Compensation Act or appropriate legislation in the state of territory where the work is being carried out.

• The CONTRACTOR will ensure that adequate Public Liability Insurance is maintained.
• The CLIENT is responsible for adequate Insurance Cover on all goods delivered on site.

Damage

• The CONTRACTOR shall not be responsible for any damage to the work of other trades except where such damage is caused by negligence on the part of the CONTRACTOR.

• Apart from damage caused by negligence on the part of the CONTRACTOR, any damage to the work of other trade however arising shall be repaired at the expense of the CLIENT by the relevant trade.

Contractors Warranty

• For equipment, the period of the warranty commences on the date of invoice. For all other works the warranty commences on the date of completion of the works.

• During this warranty period the CONTRACTOR will attend on site and repair or replace, free of charge, any defective or malfunctioning equipment supplied by them and will correct free of charge, any defects in their installation.

• All warranty and service calls will be carried out between the hours of 7am and 6pm Monday to Friday.

Access

• The CLIENT shall ensure access to the premises in which the equipment is to be installed and commissioned is available to the CONTRACTOR at any time between the hours of 7am and 6pm Monday to Friday.

• Should the CLIENT wish to specify alternative access terms this should be done in writing.

• The CLIENT shall provide access to applicable electrical breakers and other remotely located controls related to the installation.

• The CLIENT shall ensure access to all areas where wiring applicable to the system exists or will need to be installed.

• The CLIENT will provide access to sanitary facilities and drinking water on site.

• The CLIENT is responsible for ensuring adequate site power is provided to enable the CONTRACTOR to carry out their work.

• The CLIENT is responsible for ensuring adequate power and antenna points are installed for use with the equipment provided by the CONTRACTOR unless otherwise specified in the quotation.

Safety

• The CLIENT will ensure a safe environment exists in accordance with all state, federal and local laws and regulations including compliance with local Work Cover or Work Safety Legislation dictating the requirements of a safe working environment.

Notification

• The CLIENT will notify the CONTRACTOR of an estimated date when the installation site will be ready for the proposed installation, the CONTRACTOR will then provide estimated start and completion dates for the relevant stage of the installation.

• The CLIENT will contact the CONTRACTOR two weeks prior to the scheduled dates (taking note of the plastering and rendering of walls) to confirm the agreed dates and again 24 hours prior to the scheduled start date.

• The CLIENT will notify the CONTRACTOR of plastering, pouring of concrete, finishing of walls installation of cabinetry or any other activities that could affect the CONTRACTORS scope of work.

Documentation

• The CLIENT will notify and provide to the CONTRACTOR the latest copy of the site’s plans and schedules including the latest changes and alterations.

• The CLIENT will provide the CONTRACTOR with plans of proposed cabinetry to ensure the required space for equipment is allowed for, that suitable ventilation is available and cabling space is adequate.

• The CLIENT will provide minutes from all site meetings that affect the scope of the CONTRACTORS  undertakings.

Varying the Agreement

• Requests to vary the agreement of the scope of works of the CONTRACTOR shall be submitted in writing to the CONTRACTOR.

• The CONTRACTOR shall confirm the variations in writing.
• Before any variations are undertaken both parties to this agreement shall sign the completed variation form.

Circumstances allowing termination

• The CONTRACTOR has the option to cancel the agreement if the following occurs.

(a) The CLIENT requests it

(b) The CLIENT fails to pay any monies due under this agreement

(c) The CLIENT does not comply with any terms of this agreement

(d) The CLIENT enters bankruptcy

(e) The CLIENT executes a Deed of Assignment, Deed of Arrangement or other arrangement with his creditors.

(f) Or if the CLIENT being a company enters liquidation.

Effects of termination

• The CONTRACTOR may upon giving notice in writing, cancel this agreement for any of the reasons set out above.

• On termination, the respective rights and liabilities of the CONTRACTOR and CLIENT shall be as follows-

(a) The CONTRACTOR may remove all equipment, parts and materials and the CLIENT shall not hinder such removal as title of goods do not pass onto the client until full payment is made.

(b) The CONTRACTOR retains all intellectual property rights associated with the system design, system drawings, wiring plans or any other design drawings provided by the CONTRACTOR to the CLIENT or his representatives under this agreement.

(c) The CLIENT shall pay to the CONTRACTOR the value of work commenced by the CONTRACTOR for which no remuneration has been received, including preparation of drawings, specifications, supply of equipment and special materials purchased by the CONTRACTOR on behalf of the CLIENT.

(d) The CLIENT shall pay to the CONTRACTOR the sum equal to fifteen percent (15%) of the price payable as liquidated damages and the CLIENT acknowledges that such sum is a fair estimate of the CONTRACTORS loss and damage suffered as a result of the early termination of this agreement.