Works: The work which is to be carried out is defined in the Electrification Plan (Scope of Works, SOW).
Goods: Any goods which are to be supplied under this agreement are defined in the Electrification Plan (SOW).Agency: The Client acknowledges and agrees that Goodbye Gas will act as agent for the Client (as principal) to engage Contractors on the Client's behalf to provide the goods and services necessary to complete the Works. Goodbye Gas' powers as an agent for the Client are exclusively confined to the terms of this Agreement (including the supply of the Works and Goods) and are terminated upon completion of the Works and/or supply of the Goods (as applicable) or by mutual agreement between the Client and Goodbye Gas in writing. Goodbye Gas will in all respects act as directed by the Client in respect of those rights and obligations under this Agreement where it acts on behalf of the Client.
Project Management: Goodbye Gas will oversee the project and coordinate with Contractors in its capacity as agent for the Client, using reasonable skill and care in doing so, to help ensure timely completion of the Works.
Supply: Goodbye Gas will engage qualified Australian tradespeople as the agent for the Client to perform the electrification, plumbing, air conditioning, solar, battery, and EV charging services as outlined in the SOW.
Access: The Client will provide necessary access to the property and any required permits.
Information: The Client will provide accurate information regarding the property's electrical system, plumbing system, HVAC system, solar system, battery system, and EV charging requirements.
Payment: The Client will make payments as outlined in the contract.
Qualifications: Goodbye Gas will select Contractors based on their qualifications, experience, and compliance with relevant Australian standards, including:
Electrical: AS/NZS 3000
Plumbing: AS/NZS 3500
Air Conditioning: AS/NZS 3000 and AS/NZS 5149
Solar: AS/NZS 5033
Battery: AS/NZS 5139
EV Charging: AS/NZS 61851
Insurance: All trades engaged by Goodbye Gas must maintain adequate general liability, workers' compensation, and public liability insurance.
Timeline: Goodbye Gas will provide an estimated project timeline, subject to unforeseen circumstances and compliance with Australian building regulations.
Delays: Goodbye Gas will make reasonable efforts to address any delays caused by factors within its control.
Rescheduling: Goodbye Gas will reschedule the provision of Works or delivery of Goods at no extra charge provided that the Client provides at least 2 weeks' notice.
Payment Schedule: Goodbye Gas will provide a payment schedule outlining milestones and corresponding payments.
Currency: Unless stated otherwise, all prices quoted are in Australian dollars and payments are to be made in Australian currency free of exchange.
Payment method: Payment for Works supplied shall be made in full by the Client to Goodbye Gas, acting as agent for the purpose of collecting and holding money in escrow to pay the relevant Contractor(s), by a method of payment approved by Goodbye Gas without deduction or set off. Goodbye Gas will remit payment to the relevant Contractor(s) following completion of the Works.
Late Payments: If the Client fails to make full payment within the required time:
(a) the entire amount of the Client's outstanding debt will become immediately due and payable to Goodbye Gas without any need for Goodbye Gas to make written demand for such payment; and
(b) Goodbye Gas may do any one or more of the following:
(i) suspend any further Works and supplies;
(ii) require the Client to deliver Goods back to the relevant Contractor at the Client's cost; and
(iii) recover all reasonable collection and legal costs.
5.1 Price Variation
Variation by Contractor: If a Contractor issues a tax invoice for an amount which differs from the quotation they originally provided then, to the extent that the difference between the quoted amount and the invoiced amount is referable to the part of the Works undertaken by that Contractor and is no greater than 5% of the quoted price, Goodbye Gas reserves the right to vary the price payable by the Client but only to the extent of the difference (whether as an addition to or reduction of the price, as the case may be). If the difference between the quoted price and the price invoiced by the Contractor exceeds 5%, Goodbye Gas reserves the right to negotiate the price with the Contractor on the Client’s behalf, subject to the Market Conditions clause below.
Market Conditions: If the cost of a Good or a service required for the performance of the Works varies by more than 5% between the date of this agreement and the undertaking of the Works due to changes in market conditions, the Client and Goodbye Gas agree to adjust the price in accordance with the change in market conditions.
5.2 Payment Milestones
As defined on the Invoice or:
50% Deposit
50% Due on installation
5.3 Title and Risk
For the purposes of this clause 5.3, Goodbye Gas acts as agent for the relevant Contractor in obtaining the Client's agreement to the following terms, which take effect directly between the Client and the Contractor.
Risk: Risk in the Goods will pass to the Client once delivered to the point of delivery as defined in Item 7 of the SOW.
Title: Title in the Goods remains with the relevant Contractor (or its supplier) until the Client has made payment in full for the Goods under a specific SOW, at which point title passes directly from the Contractor to the Client. Goodbye Gas does not hold or claim title in the Goods at any time.
Bailment: Until payment in full of all monies owing under a specific SOW has been made, the Client will hold the Goods in a fiduciary capacity and as bailee for the relevant Contractor.
Return of Goods: The relevant Contractor may, whilst it retains title to the Goods, at its absolute discretion and without prejudice to any other of its rights, demand the return of the Goods after providing the Client with written notice, at a reasonable time prior, of its intent to repossess the Goods, and the Client grants the Contractor (or its nominee) an irrevocable licence to repossess the Goods without any liability for any loss or damage suffered as a consequence of such entry or re-taking of possession.
Costs of Repossession: The Client will be responsible for the Contractor's costs and expenses in exercising its rights to repossess Goods in accordance with this agreement. Where the Contractor exercises any power to enter the Client's premises, that entry will not give rise to any action of trespass or similar action on the part of the Client against Goodbye Gas, the Contractor, or their respective employees or agents.
Manufacturer Warranties: Goodbye Gas will pass along any manufacturer warranties for equipment and materials used.
Workmanship Warranty: Goodbye Gas will procure that Contractors will provide a warranty for their workmanship for a specified period, in accordance with Australian consumer law.
Corporate Warranties: If the Client is a body corporate, it is duly incorporated and validly exists under the law of its place of incorporation and has full power and capacity to enter into this agreement.
Trustee Warranties: If the Client is a trustee,
a) the trust has been validly created and is in existence and is solely constituted by the trust deed applicable to the trust,
b) the trust deed is not void, voidable or otherwise unenforceable,
c) the trust deed has not vested or come to an end,
d) it has been validly appointed as trustee of the trust and is the sole trustee of the trust,
e) it is not in breach of its obligations under the Trust's deed and no allegation has been made that it has breached those obligations, and
f) it has full power and capacity and has obtained all necessary authorisations and consents to enter into and perform its obligations under this agreement.
Partnership Warranties: If the Client is a partner in a partnership, it has full legal power, authority and capacity to enter into this Agreement under the terms of any applicable partnership agreement or arrangement.
Agency: To the extent that the Works are undertaken by Contractors procured on behalf of the Client, Goodbye Gas disclaims all liability for any defect, negligence or breach of contract committed by a Contractor. Goodbye Gas makes no warranties or representations in respect of its Contractors other than those explicitly expressed in writing, such as those made in Sections 3 and 8 of this Agreement.
Liability: Goodbye Gas' liability for damages arising from its negligence or breach of contract in its capacity as agent (including project coordination) will be limited to the amount of any fee retained by Goodbye Gas in connection with the Works. Goodbye Gas disclaims all liability for damages resulting from inaccurate or incomplete information provided by the Client in respect of the property's electrical system, plumbing system, HVAC system, solar system, battery system, or EV charging requirements. Consequential Damages: Goodbye Gas will not be liable for consequential or incidental damages, except as required by Australian consumer law.
Indemnity: the Client (as principal) agrees to indemnify and keep indemnified Goodbye Gas against all liabilities which Goodbye Gas may incur by having entered into any subsequent contracts with Contractors on behalf of the Client.
Australian Standards: Goodbye Gas will procure that all work conducted by Contractors is performed in compliance with relevant Australian standards, including those mentioned in Section 3.
Certificates: Goodbye Gas will provide the Client with any required certificates or documentation to demonstrate compliance with standards.
Non-litigation: A party to this Agreement must not start court proceedings (excluding those seeking interlocutory relief) in respect of any disputes arising out of this Agreement (Dispute) unless it has complied with this section 9.
Notice: A party claiming that a Dispute has arisen must give written notice to the other party specifying the nature of the dispute (Dispute Notice). A Dispute Notice must a) identify the alleged breach of this agreement giving rise to the dispute, b) set out in detail the facts upon which the dispute is based; c) have annexed to it copies of all correspondence and background information relevant to the alleged breach; and d) contain particulars of the quantification of any claim of loss consequent on the alleged breach.
Resolution: During the 28 day period after a Dispute Notice is given (or a longer period agreed in writing by the parties to the Dispute) (Initial Period) each party must use its best efforts to resolve the Dispute.
Referral: If the parties are unable to resolve the Dispute within the Initial Period, the parties may agree to mediation or arbitration.
Mediation: If the parties proceed to mediation, a mediator must be agreed to by the parties or, if the parties cannot agree on a mediator within five business days after the end of the Initial Period, by a person nominated by the Resolution Institute who accepts appointment as a mediator.
Arbitration: If the parties proceed to arbitration, an arbitrator must be agreed to by the parties or, if the parties cannot agree on an arbitrator within five business days after the end of the Initial Period, by a person nominated by the Resolution Institute who accepts appointment as an arbitrator.
Costs: Each party must bear its own costs of complying with this section 10 and the parties must bear equally the costs of any mediator or arbitrator engaged.
Litigation: Once a mediation is terminated, either party will be entitled to issue court proceedings in relation to the matters in dispute.
Non-compliance: If, in relation to a Dispute, a party breaches any provision of this section, the other party need not comply with this section in relation to that Dispute.
Jurisdiction: The contract will be governed by the laws of Victoria, Australia. Goodbye Gas and the Client agree to submit to the non-exclusive jurisdiction of the courts of Victoria and any relevant federal courts and courts competent to hear appeals from those courts.
Events: Goodbye Gas will not be liable for delays or non-performance caused by events beyond its reasonable control, such as natural disasters, national emergencies, imposition of martial law, warfare, labour strikes, epidemics, pandemics, quarantines, economic crises, acts of government agencies or acts of God (Force Majeure Event). If a Force Majeure Event occurs, Goodbye Gas may notify the Client in writing of its intent to terminate this Agreement within 30 days of the notice. If the Force Majeure Event is ongoing and the notice has not been withdrawn by Goodbye Gas after the 30 days have elapsed, Goodbye Gas may terminate this Agreement immediately. The service of such a notice is without prejudice to any rights or obligations which have accrued prior to termination.
Modifications: Any modifications to the contract must be made in writing and signed by both parties.
Termination at quote acceptance: Either party may terminate the contract within the cooling off period of 5 business days from quote acceptance for cause or convenience.
Termination from deposit payment: Either party may terminate the contract within 72 hours of deposit payment for cause or convenience with a full deposit refund. After 72 hours a cancellation fee of 20% of total invoice cost will be required to cover cost of purchased products.
The trade will attempt to install the cooktop without cutting the benchtop. If cutting is necessary, additional costs of $800 +gst will be added to the final invoice.
A courtesy induction cooktop may be provided if the full-size cooktop cannot be installed immediately. Goodbye Gas will attempt to arrange a stone mason on site within 5 business days.
The TPR (temperature and pressure relief) valve and condensation drain will be connected to the nearest legal discharge point unless otherwise specified by the Client.
Any changes to the discharge point will be reflected in the quotation.
Our trades will minimise wall/ceiling plaster cutting during installation. If necessary, we'll notify the Client and arrange patching. Additional costs may apply for patching and make good. Painting generally not included.
Offer is not acceptance: Quotations made by Goodbye Gas will not be construed as an offer or obligation to supply in accordance with the quotation. Goodbye Gas reserves the right to accept or reject, at its discretion, any order or other offer received by it.
Acceptance: Placement of an order or other offer for Works, either verbally or in writing, will constitute acceptance of these Terms and Conditions.
Contract: Placement of an order or other offer for Works constitutes (a) the Client's acceptance of these Terms and Conditions as between the Client and Goodbye Gas, governing Goodbye Gas' role as the Client's agent; and (b) the Client's authorisation for Goodbye Gas, as its agent, to enter into a contract for the Works and supply of Goods directly between the Client and the relevant Contractor(s).
This agreement along with any connected Scope of Works constitute the entire agreement between the parties relating in any way to its subject matter. All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this agreement are of no further effect. No oral explanation or information provided by a party to another affects the meaning or interpretation of this agreement or constitutes any collateral agreement, warranty or understanding.