1. Payment Terms
Full payment on completion of works unless prior written consent has been obtained by Contractor.
*Progress Payment – a progress payment may be applied by the Contractor to this contract. Should the customer neglect or refuse to pay the amount of any progress payment by the due date, then the Contractor may, at its option, with or without notice to the customer, suspend performance of the Works until such payment has been received in full.
2. Variations
Any variation to the quote will be discussed with the Customer and if agreed to in writing will be performed at an agreed value or an agreed hourly rate.
3. Accessing Underground Locations
Whilst all due care will be taken the Customer will be responsible for identifying any underground services including electrical services, gas, sewer, water, telecommunications, storm water. The Customer will indemnify the Contractor against any loss or damage that may occur while accessing the underground locations.
4. Limitation of Liability and Disclaimers
The Contractor will not be liable for any damages beyond the Contractor’s control. These include but not limited to:
Damage by fire, explosion, earthquake, lightning, storm, flood, acts of God, industrial action, labour disputes, inclement weather, Customers negligence or misuse, unauthorised modifications or repairs, any damage caused by liquid or corrosion.
5. Formation of Agreement
Customer must accept or reject Quotation within 30 days of receipt. Contractor may withdraw or revise the Quotation without occurring any liability, at any time before the Customer communicates with the Contractor of its acceptance of the Quotation in writing. The parties will be deemed to have formed a Contract upon the Customer’s acceptance of the Quotation.
6. Risk and Ownership
The property of the Contractor in the materials remains with the Contractor until the Contractor has received payment in full. If the Customer fails to pay the price within the agreed period the Contractor may recover the materials at any site owned, possessed or controlled by the Customer. In the event of default of payment by the Customer, the Customer shall indemnify the Contractor of any costs associated with recovery of the outstanding amount, including but limited to Solicitor fees.
6. Risk and Ownership
The property of the Contractor in the materials remains with the Contractor until the Contractor has received payment in full. If the Customer fails to pay the price within the agreed period the Contractor may recover the materials at any site owned, possessed or controlled by the Customer. In the event of default of payment by the Customer, the Customer shall indemnify the Contractor of any costs associated with recovery of the outstanding amount, including but limited to Solicitor fees.
7. Small Scale Technology Certificates(STC’s)- Solar
Overall price is dependent on the STC’s. If the STC’s value decrease in the period of accepting the Quote and the installation, the Contractor reserves the right to adjust the price accordingly. After installation the Customer agrees to sign over the STC’s to the Contractor. If the Customer wish to retain the STC’s the Customer will then be required to pay full price of the system at the time of installation.
8. Insurance
Under section 51 of the Electrical Safety Regulations 2013, QLD electrical contractors are required to hold current broadform public and products liability insurance of at least $5,000,000 and Consumer Protection Liability of at least $50,000.
9. Warranty
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired and replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
We grant to you a 12 month warranty from the date of practical completion on all works and materials supplied by us in accordance with this warranty.
In the event of any of the works or materials supplied by us suffering an electrical or mechanical failure or fault within the warranty period we will at our choice either repair the fault, supply the services and materials again or pay for all parts, labour and service call out fees required for the works and materials to be repaired to normal working order subject to the following terms and conditions.
The benefits given to you by this warranty are in addition to any other rights and remedies you may have under any law in relation to the goods or services to which this warranty relates.
The maximum amount payable by us under this warranty is limited to the price paid by you for the works inclusive of GST.
This warranty does not extend to products used in the works which are not manufactured by us. Such products are covered only by the manufacturer’s warranty and any guarantee expressed or implied by mandatory provisions of law.
This warranty shall not apply unless the works have been paid for in full.
This warranty as far as may be permitted by law excludes liability for any consequential loss or claims for damage to persons or property resulting either directly or indirectly from any failure or fault of the works.
This warranty does not cover the following:
- Consumables including light globes, fluorescent tubes, batteries, fuses or filters
- Normal maintenance costs
- Product recalls
- Damage caused by:
- Negligent, accidental or deliberate misuse
- Unauthorised repairs or modifications
- Liquid penetration
- Electrical interferences, power surges, voltage fluctuations or lightning
- Vermin, pests or insects
- Rust or corrosion
- Abnormal or excessive usage
Making a claim
You must notify us in writing of any claim under this warranty within 12 months from the date of practical completion of the works.
Your notification must be forwarded to us at the address at the head of this warranty.
You must bear your own expenses incurred by you in making a claim under this warranty.
No claims under this warranty will be accepted after 12 months from the date of practical completion of the works.