01 These terms
These terms apply to all work carried out by Mayne Carpentry & Electrical (MCE) unless a separate signed agreement applies.
For work at or under $5,000 including GST, accepting a quote or allowing work to commence constitutes acceptance of these terms.
For residential building work over $5,000 including GST, NSW law requires a separate signed written contract. A quote is an offer only — no contract is formed until that contract is signed by both parties, and work does not commence and no payment is due before then. These terms do not replace that contract. Where the two differ, the signed contract prevails.
02 Quotes
Quotes are valid for 30 days and cover only the scope written on the quote. A quote is an offer, not a booking.
For work at or under $5,000, the job is booked once you accept in writing and MCE confirms a date. Above $5,000, acceptance of a quote is an indication of intent only — the job is booked once the written contract is signed by both parties.
Quotes are based on what could reasonably be seen and assumed at the time, and assume the existing work is compliant and the site is as presented.
03 Variations
Extra or changed work is a variation. Variations are priced, agreed in writing and signed by both parties before the work proceeds, as required by the Home Building Act 1989 (NSW) for contracts over $5,000.
Where a variation would take the contract price over $20,000, Home Building Compensation cover must first be arranged and the contract brought up to the requirements for contracts over $20,000. Work on the varied scope does not commence until that is done.
If a condition arises once work has commenced that could not reasonably have been identified at the time of quoting — hidden damage, non-compliant existing wiring or framing, asbestos, termite damage, or unexpected ground or wall conditions — work will be stopped, the issue reported, and the additional work priced as a variation. You are under no obligation to proceed. If you decline, the site will be made safe and an invoice issued for work completed to that point.
04 Deposits and payment
For residential building work, any deposit is capped at 10% of the contract price, as required by the Home Building Act 1989 (NSW).
Unless the contract states otherwise, the invoice is issued on completion and is due within 5 business days of written notice. On longer jobs, work may be invoiced progressively against the payment stages set out in the contract, for work actually completed.
Amounts unpaid after the due date may attract interest at 10% per annum, calculated daily from the due date until paid, together with the reasonable costs of recovering the debt. In practice, MCE will attempt to make contact before any interest or recovery costs are applied.
05 Materials
Title in materials supplied remains with MCE until the invoice covering them is paid in full. Risk in materials passes to you on delivery or installation, whichever occurs first.
Materials ordered specially or made to order cannot be cancelled once ordered and remain payable.
06 Access and site conditions
Please provide safe, clear access on the agreed days, along with power and water. Please move furniture and belongings out of the work area beforehand, and secure pets.
If MCE is delayed by access, by other trades, by decisions still pending, or by site conditions that were misdescribed, standing time may be charged at MCE's hourly rate and the work rescheduled to the next available slot.
Reasonable care will be taken of your property, and the work area will be cleaned on completion. MCE is not responsible for pre-existing defects, or for damage that is an unavoidable consequence of the work requested — for example, wall or ceiling penetrations required to run cable — unless otherwise agreed.
07 Hazardous materials
If suspected asbestos or other hazardous material is found, work in that area stops until it is assessed and cleared by a licensed party at your cost.
08 Licensing, compliance and insurance
Carpentry and electrical work are carried out under NSW Contractor Licence 306166C. Electrical work complies with AS/NZS 3000 and the relevant standards, and a Certificate of Compliance for Electrical Work (CCEW) is issued and lodged where required.
Public liability insurance is held, and a certificate of currency is available on request.
For residential building work over $20,000, Home Building Compensation cover is taken out before work commences, and a certificate of insurance is provided to you before any money is paid and before work starts.
MCE operates as a sole trader with no workers and is therefore exempt from NSW workers compensation insurance under the Workers Compensation Act 1987 (NSW).
09 Warranty and defects
Statutory warranties
Residential building work carries statutory warranties under the Home Building Act 1989 (NSW) — currently 6 years for major defects and 2 years for other defects, running from completion. These cannot be excluded or limited, and nothing in these terms attempts to.
Whether a particular job carries them depends on the type of work:
- Electrical work is classified as specialist work under the Act, and carries the statutory warranties at any value. There is no minimum — a single powerpoint is covered.
- Carpentry and other non-electrical work counts as residential building work only where the reasonable market cost of the labour and materials exceeds $5,000. Below that figure the statutory warranties do not apply. The test is the reasonable market cost of the work, not necessarily the price charged.
- Where a job involves both, the electrical portion carries the statutory warranties regardless of what the job is worth overall.
Australian Consumer Law
Separately, and on every job regardless of size or type, your rights under the Australian Consumer Law apply in full — including the guarantees that work is carried out with due care and skill and that the work and materials are fit for purpose. Nothing in these terms excludes, restricts or modifies those rights.
Materials
Materials carry the manufacturer's warranty, in addition to your rights against MCE under the Australian Consumer Law.
Reporting a defect
Please contact MCE in writing as soon as a defect is noticed, allowing a reasonable opportunity to inspect and respond.
MCE is not responsible for fair wear and tear, misuse, work altered by others, or damage arising from causes outside the contracted works carried out by MCE.
10 Cancellation
At least 48 hours notice is required to cancel or reschedule. Otherwise, costs already incurred and materials already ordered will be charged.
If MCE must cancel, as much notice as possible will be given, and any amount paid for work not carried out will be refunded.
For residential building work contracts over $20,000, the Home Building Act 1989 (NSW) gives you 5 clear business days from receiving a copy of the signed contract to rescind it. This cooling-off period does not apply to contracts of $20,000 or less.
11 Liability
Nothing in these terms limits any liability that cannot be limited by law, including under the Australian Consumer Law and the Home Building Act 1989 (NSW).
Beyond that, and to the extent permitted by law, MCE's liability for any claim is limited to re-supplying the work or paying the cost of having the work re-supplied. MCE is not liable for indirect or consequential loss.
12 Disputes
If an issue arises, please contact MCE in the first instance. Most matters are resolved by discussion and a return visit. If the matter cannot be resolved directly, either party may refer it to NSW Fair Trading before commencing legal proceedings.
13 Privacy
Your contact details and job information are collected only to prepare quotes, carry out work, invoice, and meet record-keeping obligations. This information is not sold or passed on, except to suppliers and subcontractors who require it to complete the work, or where required by law.