Floorheat Australia

Contract Conditions
2003

1.0 GENERAL

1.1 Acceptance period
The price quoted in this quotation is valid for 30 days of the date hereof or any further extension as Floorheat Australia (hereafter referred to as FHA) may allow in writing. If no prior extension has been granted, FHA reserves the right to revise this quotation.
1.2 Scale of Work
The Customer acknowledges that the quotation does not include any Electrical work, or any other work not specifically referred to in the Quotation Schedule or the attached specifications referred to in the quotation.

2.0 PRICE AND TERMS OF PAYMENT

2.1 The Price
The prices referred to under Quoted Price overleaf is for the extent of work set out in the Quotation Schedule only, and includes items that would reasonably be expected to complete the work detailed overleaf. It does not include any electrical work, unless specified.
2.2 Loading Adjustments
At the time of installation the Electrical Loadings installed may be increased or decreased from the amounts quoted due to minor changes to areas or zones to be heated. No price change will occur if these changes increase or decrease the loadings quoted by +/- 20%.
2.3 Variations to Work
The scope of work including any materials may only be varied by written agreement between FHA and the Customer or their representative. The agreement must set out the additional or omitted work and materials, and any change to the completion date. The variation agreement must be signed and dated by both parties. The price for any variations will be adjusted to show an increase or decrease in the Quoted Price. In addition to the price referred to in the Quoted Price, FHA is entitled to charge extra for:-

1. Attendance to the site for any stage of work at the Customer or representative's request, when the job was not ready to proceed.

2. Work requested to be done outside normal working hours (Monday to Friday - 7.30 am - 4.00 pm).

3. Increases in the cost of labour and materials, if for reasons beyond the control of FHA, work cannot be completed within 6 months of acceptance.

4. Re-design or changes to the heating installation as a consequence of building plan or government legislation amendments.

5. For in-slab cable installations, extra site attendances for the testing/monitoring of cables, where concreting involves a greater number of concrete pours than that detailed in the number of site visits allowed for overleaf.

6. Repair or replacement of materials damaged or stolen on site by any person or cause beyond the control of FHA.

7. If Section 4.0 is not adhered to.

2.4 Terms of Payment
The Customer must pay the contractor the Quoted Price in full, or as invoiced in stages by FHA in the manner shown in the Payment Terms overleaf. The prompt payment discount can only be deducted if FHA receives the full invoiced amount less the discount shown within 2 days of the installation or invoice date.
2.5 Default, Cancellation and Delays in Payment
Should an Invoice become overdue, it is subject to interest at the rate of 1.5% per month or part thereof, plus any expenses incurred in the recovery of the overdue account. In the event of cancellation the Customer shall pay to FHA the following:-

1. The value of work commenced by FHA for which no remuneration has been received, including preparation of drawings, specifications, manufacturer of equipment and special materials purchased by FHA on behalf of the Customer.

2. The sum equal to ten per cent (10%) of the price payable as and for liquidated damages.

2.6 Retention of Title
FHA may at its discretion remove all equipment, goods and materials that form part of any overdue account, the Customer shall not hinder such removal. Until payment in full for the work done or a section thereof is received by FHA, the Customer shall hold the works or the unpaid section thereof and any other works manufactured therefrom or incorporated therein as bailee for FHA, provided however that the Customer may sell any of the works in the ordinary course of its business on condition that should FHA so require the Customer will assign to FHA its rights in respect of the sale price thereof.

3.0 HEATING DESIGN AND PERFORMANCE

Heating Design Basis
The heating design and layout is based on information, plans or specifications supplied by the Customer (FHA will not be held responsible if heating cables are not installed in the correct locations due to the failure to supply current drawings & measurements), together with the assumption that thermal insulation to the equivalent of R2.5 is to be installed into the ceilings, except when Ceiling Heating is to be installed, in which case this level is to be increased to R3 or as specified.
Design temperatures are normally 160C in bedrooms, bathrooms, laundries, WC's plus any other areas designated as background heated and 190C for living areas.
In areas where the outside temperature frequently drops below 00C, any in-slab installation shall include installation by the Customer of a minimum of 25mm thick polystyrene or similar high quality insulating product around the perimeter of the slab, to a minimum depth of 600mm.
Where suspended slabs are heated and the underside is exposed, the underside shall be insulated by the Customer, with a minimum of 50mm thick polystyrene or similar high quality insulating product.
Where Off-Peak is used, double glazing is recommended or windows must be covered at night with heavy drapes with pelmets (open weave fabrics are unsuitable).
The electricity supply to the heating system must be capable of maintaining 240V +5% to the proposed heating circuits.
For quotations for heating under timber floors - devireg Floor/Air Thermostats 'floor temperature limiters' must be set no higher than 28ºC.                                               

4.0 CUSTOMER RESPONSIBILITY

It shall be the responsibility of the Customer to ensure that the following requirements, recommendations and conditions are observed and to accept full responsibility for the consequences of any lack of attention to these matters. FHA will not be responsible for the consequences of any disregard of these customer responsibilities:-

1. To ensure that an adequate electricity supply is available. (Electrical loading in kW's per zone is provided on the Quotation Schedule)

2. Arrange a time with FHA to attend the site to carry out installation of the heating cables/foils, providing at least 14 days notice.

3. To acknowledge the thermal insulation requirements stated under "Heating Design Basis".

4. To comply with the following specifications and to pass onto all trades the relevant specifications.

4.1 

1. In-Slab Heating - See Specification (SLS2002)

2. In Screed/Under Tile Heating in mortar beds - See Specification (SCS2002)

3. None of the above floor heating systems shall be operated for a period of 30 days from installation to allow the concrete/screed to cure at its normal rate. The heating shall not be operated with materials or structures placed on any heated area in such a way as to restrict adequate heat dissipation from the floor, this includes items such as bean bags, mattresses or furniture over 600mm wide resting flat on the floor with no openings beneath. Such items may generally be positioned close to the perimeter without this restriction.
   The customer must check the cable layout to ensure that no misunderstandings have occurred with respect to proposed wall and cupboard installations.
   If construction joints are to be included in the floor construction, or changes made in the building plan, these must be clearly indicated on a revised plan, which must be received by FHA prior to installation.

4.2 Ceiling Heating - See Specification (CHS2002)
Unless otherwise stated, the quotation is based upon standard 400mm or 600mm centres for ceiling battens, any variations to this may result in the need for non-standard elements, this could result in possible delays and pricing adjustments.

4.3 Under-Timber Floor Heating - See Specification (UTS2002)

4.4 Thermostats - See Specification (TS2002)

5.0 FHA RESPONSIBILITY; WARRANTY & INSURANCE

5.1 FHA will ensure that all its employees are covered under the Workers Compensation Act and that Public Liability Insurance cover is maintained to a value of not
less than $10,000,000.00.
5.2 Warranty
All installations carried out, and any controls or equipment manufactured by FHA are warranted against defects for a period of 7 years. FHA warrants that all materials shall be of high quality, and be installed in a workmanlike manner and in accordance with the specifications and instructions issued by the manufacturers of materials used. FHA further warrants that if defects are discovered in materials or equipment manufactured by others, then FHA will assign, transfer and subrogate to the Customer, all rights or benefits of respective manufacturer's warranties.
The liability of FHA is limited to the above warranty and does not included any other costs, claims or damages in relation to any of the defects or matters consequented upon such repairs, excepting that the Trade Practices Act and Fair Trading laws applying in Australia provide the customer with certain remedies in the event that a manufactured appliance fails due to defective materials or workmanship. This Warranty is given as an additional remedy by FHA and is not meant to exclude, limit or modify the manufacturers obligations under Federal or State Law.
FHA will not be liable for any damage caused by the customer or third parties.