Kiama Electrical Services disclaimer.  -   Terms and Conditions

1. This agreement governs the provision of cable and other underground locating services (the services) by J Quinn Pty Ltd to the person, business or organization named on the quote or invoice of this report. You acknowledge that the services are intended to assist in locating underground services shown on plans provided by Dial Before You Dig or other relevant Councils or organizations. The procedures and equipment used in providing the services are not designed for the purpose of detecting unknown cables or other underground services not brought to our attention and cannot be relied on for that purpose. You must therefore confirm the position and depth of all cables and other underground services using an appropriate methodology such as careful digging with insulated hand tools or the use of hydro excavation in the case of critical infrastructure prior to any penetration method or machine excavation.

2. J Quinn Pty Ltd is in no circumstances liable for any damage to or disturbance of cables or services, or for any injury, or loss or other consequences of such damage or disturbance, including (without limitation) for loss of use, data, production, profit, revenue, business, contract or anticipated saving, damage to goodwill, reputation or price loss of customer or customer losses , loss by reason of full or partial shutdown or non-operation, or for any delay, financing costs or increase in operating costs or any economic loss or for any special, indirect or consequential loss or damage which may be suffered by you, or by any other person or organization including (without limitation) any operator, owner, customer, service company, or subscriber. You will always identify Kiama Electrical Services against any liability for any such injury, loss or damage and for all consequences thereof.

3. Without prejudice to the above provision, if J Quinn Pty Ltd should in any circumstances have any liability to you in tort, contract or otherwise in connection with the services, its liability shall be confined to damages in a maximum sum not exceeding the moneys actually paid to J Quinn Pty Ltd by you for the services. The above protections and indemnities also apply for the benefit of all employees, officers, agents and contractors of J Quinn Pty Ltd. 

4. You acknowledge that this document contains the entire agreement between you and J Quinn Pty Ltd, and that no representation, warranty or other stipulation inconsistent with this document is expressed or implied on the part of J Quinn Pty Ltd

5.Escalation clause for specified electrical materials. The quoted price for this residential has been calculated based on the current prices for the component electrical materials. However the market for the electrical that are hereafter specified is considered to be volatile and sudden price increases  beyond our control could occur. We agree to use the best of our efforts to obtain the best prices of these specified materials that are purchased after execution of contract for use in this residential construction project, the principal agrees to pay that cost increase to the builder. Any claim by us, the sub contractor, for payment of a cost increase, as provided above, shall be in the form of email by the sub contractor to the builder/owner stating the increased cost. Works will not proceed till such variation costs have been signed off by the builder/owner and a binding agreement for such payments will then be legally binding on completion of such works.

6. It is hereby understood and agreed to that this quote/contract shall not apply to and does not cover any actual or alleged liability whatever for any additional works and costs in respect to asbestos, contaminated and hazardous materials that you the client have not notified to us in written form. Any claims in respect to loss directly or indirectly arising from or in consequence of asbestos, contaminated or hazardous materials in whatever form or quantity will not be the responsibility of J Quinn Pty Ltd.

7.  Underground Location and excavations of Services

12.1 Prior to J Quinn Pty Ltd  commencing the Works the client

must advise J Quinn Pty Ltd  of the precise location of all

underground services, in written form, on the worksite and clearly mark the same.

The underground mains and services the client must identify and visibly expose such

services which include but are not limited to, electrical services, gas services, sewer

services, pumping services, sewer connections, sewer sludge mains, water mains,

irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any

other services that may be on the Worksite.

Whilst J Quinn Pty Ltd will take all care to avoid damage to any

underground services the Client agrees to indemnify J Quinn Pty Ltd in respect of all and any liability claims, loss, damage, costs, and fines as a result

of damage to services not precisely located and notified as per clause 12.1.

Last update 11/03/2022