SYSCON 2021 TERMS AND CONDITIONS

To assist in your evaluation of our offer please note the following terms and conditions upon which this offer is based:

1. Order Acknowledgement: Final confirmation of quotations will be made after receiving the approved certified electrical design, utility associated documentation, and/or its subsequent amendments.

2. Validity: Standard proposals remain valid for a period of thirty (30) days after which time it is subject to revision or confirmation.

3. GST: All pricing is exclusive of GST.

4. Working Hours: All works have been allowed to be completed during normal working hours, Monday to Friday, 0630hrs -1500hrs.

5. Access to Site: The Client will ensure clear and unrestricted heavy vehicle access to the specific work areas in order to deliver and install the works. The Client indemnifies Syscon against the cost of retrieving or recovering vehicles that become bogged or stranded due to inadequate access.

6. Latent Conditions: Where excavation is included within our scope of works, Syscon have allowed to conduct mechanical excavation with a 5.5T Excavator in cohesive ground only. Spoil is assumed as ENM/VENM. Any section of excavation within what is classed as non-cohesive ground, including rock, will warrant a variation to contract value, charged at Schedule of Rates.

  • Note – Non-cohesive ground to include unstable ground conditions, contaminated grounds, grounds congested by third party services not correctly detailed on the DBYD site plans, water charged ground or unidentified structures buried within our excavation path.

7. Client Supplied Product: Syscon will not be made responsible for any parts or products supplied by the Client. The Client warrants any product or part supplied by the Client for the required liability duration, indemnifying Syscon against any loss or damage caused by the product.

8. Variations:

    1. Variations are defined as work required or requested to be done outside the scope of works, not on the certified design, not allowed for in our quotation and/or arising as a result of any direction or requirement by the Client and/or Statutory Authority.
    2. A fixed sum variation will be submitted for any requested change in scope of works for approval by the Client.
    3. Should the work be undefined or minor works (<$5k) then Schedule of Rates will apply.
    • Note - All variations for materials or subcontractors will be charged at 15% Gross Profit.

9. Site Specific: Inductions specific to the site have been allowed for up to a maximum of two hours per person. Inductions that exceed two hours will be charged per the Schedule of Rates. No allowance has been made for a Building & Construction Industry Levy, any site-specific allowances or awards. All pricing is based on Syscon’s current Workplace Agreement.

10. Associated Fees & Charges: Syscon does not include for any Third-Party fees and charges. These include but are not limited to Power Utilities and Local Councils. The Client is wholly responsible for the permanent reinstatement costs invoiced by Local Councils.

11. Delays: Our offer excludes any direct or indirect costs associated with delays outside of Syscon’s control e.g. delays caused by Authorities, the Client, Principal or Others.

12. Warranty: Syscon maintains a Perpetual Warranty Bond with the Power Utility and warrants our works with them for the warranty period of 3 years. Syscon will build the Network Augmentation on behalf of Ausgrid under this contract and will deal directly with them should any non-conformances from the Network Standards be determined. As such, Syscon will not agree to any retention for any period for the contract.

13. Liquidated Damages: Are capped at $1.00 AUD unless otherwise agreed.

14. Force Majeure: The Client indemnifies Syscon for expenses, damages or penalties in the event of a force majeure event that would otherwise disrupt the delivery of the project within the agreed or contractual timeframe.

    • Note - This could include but not limited to; rain, flood, electrical storm, industrial action, supplier shortage, war, terrorism, or cancellation of works by the Power Utility.

15. Liability:

    1. For claims in respect of or arising out of death or personal injury – Unlimited
    2. For loss of rent, income (other than arising out of death or personal injury) and the opportunity to earn profits and indirect or consequential loss – $1.00.
    3. For all other claims whatsoever – 5% Contract Sum.
    • Note - The respective limits apply to the sum of the respective claims and not to each other.

16. Standard Payment Terms:

    1. A commencement deposit no less than 20% of the contract value to be paid within 14 days of offer acceptance
    2. Following mobilisation, monthly progress claims to be paid based on ordered materials and a percentage of completion of works.
    3. Payment for progress invoices provided by Syscon is due and payable within 30 days from end of month.
    4. Final payment (including all outstanding invoices) must be made on ‘Practical Completion’ (as directed by Network Authority, 2 weeks prior to final commissioning outage). Final payment must be received prior to outage works being performed.
    5. In the event that final payment of all monies owed to Syscon is not made before the final commissioning outage then Syscon may, at its discretion, delay or cancel the outage unless suitable arrangements as to payment are in place.
    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.
    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.