SYSCON TERMS & CONDITIONS FY 2025 – 2026

1. Quotation and Design Confirmation
1.1 Final confirmation of quotations will be made only after receipt of the approved certified electrical design, utility documentation, and/or subsequent amendments.
1.2 Quotations remain valid for thirty (30) days unless otherwise confirmed in writing.
1.3 All pricing is exclusive of GST unless noted otherwise.
1.4 Pricing allows for works to be completed during normal working hours, Monday to Friday, 0700hrs–1600hrs.

2. Site Access and Mobilisation
2.1 The Client must provide clear and unrestricted heavy vehicle access to work areas for delivery and installation.
2.2 The Client indemnifies Syscon against the cost of retrieving or recovering vehicles that become bogged or stranded due to inadequate access.
2.3 Syscon has allowed to mobilise and purchase materials within thirty (30) days of offer acceptance.
2.4 Where project delays occur through no fault of Syscon, the Client shall reimburse all additional costs plus margin by way of Variation under Clause 9.
2.5 The Client indemnifies Syscon for all direct and indirect costs associated with delays beyond Syscon’s control, including but not limited to delays by Authorities, the Client, the Principal, or others.

3. Latent Conditions
3.1 The lump sum price is based on the following assumptions:
a) Excavation in cohesive ground only, using a 5.5T excavator.
b) Spoil is ENM/VENM and suitable for standard removal/disposal.
c) The site is free of hazardous materials or substances, including but not limited to asbestos (in soil, switchboards, conduits or other structures), PCBs, or contaminated fill.
d) Services and utilities are as shown on DBYD plans, with no unidentified buried structures within the excavation path.
3.2 Any physical condition that differs materially from these assumptions shall be deemed a Latent Condition.
3.3 Latent Conditions include (but are not limited to):
a) Rock, non-cohesive or unstable soils
b) Contaminated or water-charged ground
c) Unidentified buried structures
d) Inaccurate or incomplete service information
e) Hazardous materials not disclosed at tender
3.4 The discovery of a Latent Condition entitles Syscon to:
a) A Variation under Clause 5 to adjust the contract value (calculated at the Schedule of Rates or otherwise agreed)
b) An extension of time to the construction program to the extent the Latent Condition causes delay
3.5 Syscon shall not be responsible for the identification, removal, or disposal of hazardous materials unless expressly included in the scope of works.
3.6 Syscon shall not be liable for any consequential or indirect loss, cost, or damages arising from Latent Conditions or inaccurate third-party information.

4. Client-Supplied Product
4.1 Syscon will not be made responsible for any parts or products supplied by the Client.
4.2 The Client warrants any product or part supplied by the Client for the required liability duration.
4.3 The Client indemnifies Syscon against any loss or damage caused by the product.

5. Variations
5.1 Variations are defined as work required or requested:
a) Outside the scope of works
b) Not on the certified design
c) Not allowed for in the quotation
d) Arising from any direction or requirement by the Client, DNSP, or a Statutory Authority
5.2 Latent Conditions under Clause 3 are deemed Variations.
5.3 A fixed sum Variation will be submitted for approval by the Client where the scope change can be clearly defined.
5.4 Where the Variation is undefined or involves minor works (less than $10,000), the Schedule of Rates will apply.
5.5 Variations for materials or subcontractors will be charged at invoice cost plus a 15% margin.

6. Site Specific Conditions
6.1 Inductions have been allowed for up to a maximum of two (2) hours per person.
6.2 Inductions exceeding this allowance will be charged at the Schedule of Rates.
6.3 No allowance has been made for:
a) Building & Construction Industry Levy
b) Site-specific allowances or awards
6.4 Pricing is based on Syscon’s current Workplace Agreement.

7. Associated Fees & Charges
7.1 Syscon’s price does not include third-party fees and charges, including but not limited to Utilities, TfNSW, and Local Councils.
7.2 The Client is wholly responsible for permanent reinstatement costs invoiced by Local Councils, unless otherwise confirmed in writing.

8. Warranty
8.1 Syscon maintains a Perpetual Warranty Bond with the DNSP.
8.2 Syscon warrants its works with the DNSP for up to three (3) years (as per DNSP Agreement).
8.3 Syscon will construct the Network Augmentation on behalf of the DNSP and will deal directly with them in relation to any non-conformances.
8.4 Syscon will not agree to any retention for any period under the contract.

9. Liquidated Damages
9.1 Liquidated damages are capped at $1.00 AUD unless otherwise agreed in writing.

10. Force Majeure
10.1 The Client indemnifies Syscon against expenses, damages, or penalties arising from a force majeure event.
10.2 Force majeure includes but is not limited to:
a) Rain, flood, storm
b) Industrial action
c) Supplier shortages
d) War, terrorism
e) Cancellation of works by the DNSP

11. Liability
11.1 For claims arising out of death or personal injury – Unlimited.
11.2 For loss of rent, income (other than arising out of death or personal injury), opportunity to earn profits, and indirect or consequential loss – limited to $1.00.
11.3 For all other claims – limited to 5% of the Contract Sum.
11.4 These limits apply to the aggregate of claims and not to each category separately.

12. Payment Terms
12.1 A commencement deposit equal to 20% of the contract value is payable within fourteen (14) days of offer acceptance.
12.2 Following mobilisation, monthly progress claims are payable based on ordered materials and percentage completion of works.
12.3 Progress invoices are payable within thirty (30) days from end of month.
12.4 Final payment (including all outstanding invoices) is due at Practical Completion (as directed by the Network Authority, two weeks prior to final commissioning outage) and must be received before outage works are performed.
12.5 If final payment is not received, Syscon may delay or cancel the outage unless suitable payment arrangements are agreed.
12.6 In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
12.7 Overdue accounts will be subject to interest at the rate of 13% p.a., calculated for the period the account is due until the date it is paid.

13. Schedule of Rates
13.1 Schedule of Rates (SOR) are available upon request.
13.2 Overtime rates do not apply on Public Holidays.
13.3 Work performed on Public Holidays will be charged at Public Holiday rates, which are available upon request.
13.4 Where Public Holiday work is required, Syscon reserves the right to apply adjusted rates to reflect additional costs.