GENERAL TRADES TERMS OF TRADE

1. ACCEPTANCE OF TERMS

By accepting a quote, engaging our services, or paying an invoice, the Client ([Client Name]) agrees to be bound by these Terms of Trade. These terms form the entire agreement between the Client and ([Business Name]) (["The Tradesperson"]).

2. DEFINITIONS

• Client: The person or entity requesting the work.
• Goods: Materials and equipment supplied by the Tradesperson.
• Services: The labour and work performed by the Tradesperson.
• Site: The location where the work takes place.

3. QUOTES AND ESTIMATES

3.1. Unless stated otherwise, all quotes are valid for ([Number]) days. 3.2. A fixed price quote is an estimate of the total cost based on known factors. If hidden problems arise or the scope changes, the Tradesperson will provide a variation in writing. 3.3. Variations to the quote must be approved in writing or via email by the Client before the additional work is carried out.

4. PAYMENT TERMS

4.1. Payment is due within ([Number]) days of the date of the invoice. 4.2. The Tradesperson reserves the right to request a deposit of ([Amount or Percentage]) before work commences. 4.3. For large projects, progress payments may be required. These will be outlined in the specific quote. 4.4. Late payments will attract a fee of ([Amount or Percentage]) per month or part thereof on the outstanding amount. 4.5. The Client is not entitled to set off any claim against the Tradesperson unless that claim is determined by a court of competent jurisdiction.

5. PROVISION OF GOODS AND SERVICES

5.1. The Tradesperson will provide the Services in a professional and workmanlike manner in accordance with industry standards. 5.2. The Tradesperson will supply Goods that are new and of merchantable quality, unless otherwise agreed. 5.3. Timeframes for completion are estimates only. The Tradesperson is not liable for delays caused by weather, supplier shortages, or access issues.

6. CLIENT OBLIGATIONS

6.1. The Client must ensure the Site is safe and accessible for the Tradesperson and their equipment. 6.2. The Client must obtain any necessary permits, council approvals, or owner corporation permissions before work starts. 6.3. The Client must keep children, pets, and unauthorised persons clear of the work area while work is in progress. 6.4. The Client must clearly locate or mark any underground services (water, gas, electricity) before excavation begins.

7. RETENTION OF TITLE AND SECURITY INTEREST

7.1. Title and ownership in the Goods supplied by the Tradesperson remains with the Tradesperson until the Client has paid for the Goods in full. 7.2. Until payment is received, the Client holds the Goods as trustee for the Tradesperson. 7.3. The Client grants the Tradesperson a security interest in the Goods under the Personal Property Securities Act 2009 (Cth). 7.4. The Client agrees to do all things necessary to enable the Tradesperson to register a financing statement on the Personal Property Securities Register.

8. WARRANTY AND LIABILITY

8.1. The Tradesperson warrants that work will be done with due care and skill. 8.2. The statutory guarantees under the Australian Consumer Law apply to this agreement. 8.3. Unless required by law, the Tradesperson is not liable for any loss or damage caused by the Client's failure to provide clear instructions or access. 8.4. The Tradesperson is not liable for any loss or damage arising from circumstances beyond their reasonable control (force majeure).

9. INTELLECTUAL PROPERTY

9.1. The Tradesperson retains copyright in all plans, drawings, and designs created for the Client. 9.2. The Client receives a licence to use these plans solely for the purpose of the project at the Site.

10. SITE ACCESS AND SAFETY

10.1. The Tradesperson adheres to all relevant Work Health and Safety legislation. 10.2. The Client must inform the Tradesperson of any known site hazards prior to work commencing. 10.3. If the Site is deemed unsafe by the Tradesperson, work may cease until the hazard is rectified, and costs may be incurred for the downtime.

11. DISPUTE RESOLUTION

11.1. If a dispute arises, the parties must first attempt to resolve it through negotiation. 11.2. If negotiation fails, the parties agree to attend mediation before commencing legal proceedings. 11.3. This agreement is governed by the laws of ([State/Territory]).

12. CANCELLATION

12.1. The Client may cancel the agreement by providing written notice. If cancellation occurs after work has commenced or materials have been ordered, the Client must pay for all work done and costs incurred up to that date.

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ACCEPTED BY:

Client Name: __________________________

Signature: __________________________

Date: //______

For ([Business Name]):

Authorised Representative: __________________________

Signature: __________________________

Date: //______