Terms and Conditions

General

1. Quotations are valid for a period of 60 calendar days from the date of issue, after which time prices may vary in the absolute discretion of the Company.
2. All orders, purchase orders or similar as placed with the Company are subject to these Terms and Conditions and the Company may, at any time and from time to time, vary or alter these Terms and Conditions. The Company will provide the Customer with 30 days notice of any changes to the Terms and Conditions in writing, and the new Terms and Conditions will apply to all orders placed after the expiry of that 30 day period.
3. Any order, purchase order, or similar must be in writing and accepted by the Company before they apply. Any notice must be in writing.
4. The Customer is aware of and has received a Rates Schedule and acknowledges that services will be provided and fees charged in accordance with the Rates Schedule. Services will be provided during the Normal Working Hours unless otherwise agreed.  Either the Customer or the Company may indicate that a variation to the goods and services is required together with any extension of time or variation to the price.  No variation will proceed without notice of acceptance from both the Customer and the Company.
5. Any representation, warranty, condition or undertaking that would be implied into these Terms and Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty, right or remedy conferred on a party by the Competition and Consumer Act 2010 or any other applicable Australian law that cannot be excluded, restricted or modified by agreement.
6. If there is any inconsistency between these Terms and Conditions and the Quote then the Quote will apply to the extent of that inconsistency.
7. Where the Customer has more than one proprietor, the liability of those Customers or proprietors under these Terms and Conditions will be joint and several.

Pricing

1. If there is any error or omission in a quotation, the Company reserves the right to amend the quotation price. This clause applies even if the quotation has been accepted by the Customer.
2. If the Customer cancels an order it must do so by notice to the Company and the Customer must pay a cancelation fee. If the Customer delays the commencement date it must do so by notice to the Company and if that notice is not less than 7 days before the proposed commencement date the Company reserves the right to charge the Customer a delay fee.  The cancellation fee or the delay fee will be the cost to the Company including the cost of the products, materials or services acquired for the order the cost of the labour (including the cost of such employees until they are able to be used on other sites), the cost of transport (including for plant and equipment), accommodation costs for labour (as incurred), subcontractors fees, and tooling expended to the date of such cancellation or delay.
3. All quotations are provided on the basis of the information provided by the Customer. If this information varies or is incorrect in any way, the company reserves the right to vary the quotation as to the services to be provided, the time frame for completion and the total cost.
4. The Company reserves the right to charge an Administration fee as indicated in the Rates Schedule. The Administration fee may be payable where an electrician is to provide an electrical compliance certification, and in addition to any cancellation fee or delay fee.
5. Unless otherwise stated, all prices quoted are GST exclusive. GST will be added in relation to delivery, supply and installation of all goods and services.

Terms of Payment

1. All payments due to the Company are to be made, within seven (7) calendar days from the date of the relevant tax invoice issued to the Customer by the Company. Payment will be considered to be made when the funds are cleared in the Company’s nominated bank account. Any variation to the default payment terms will need to be agreed prior to commencement of works performed.
2. In some instances, progress payments will be required. These will be agreed at the time of quoting.
3. If the Customer fails to make payment in accordance with the terms of "Terms of Payment," Clause 1, the Company will be entitled to:

   1. charge default interest at the rate of 12% per annum on all overdue amounts (including late payment charges and amounts other than the price) calculated daily on and from the due date for payment and the parties agree that any amount so calculated is not a penalty but rather an accurate pre-estimate of the damage to be incurred by the Company. Payments received from the Customer will be credited first against any default interest, then in payment of services and then against payment of any goods, and all such charges will be payable on demand;
   2. claim from the Customer, all costs relating to any action taken by the Company to recover money due from the Customer including any legal costs and disbursements on a solicitor-client basis;
   3. cease all work remaining to be performed by the Company under the quotation and terminate any agreement in relation to delivery of products that have not been delivered prior to the Customer’s default; and
   4. require the payment in advance for any further products.

Delivery & Inspection

1. Any date or time quoted by the Company is an estimate only and the Company will endeavour to meet that estimate, but failure to do so will not confer on the Customer any right of cancellation on the Customer’s part or render the Company liable for any loss or damages directly or indirectly sustained by the Customer as a result thereof.
2. If the Company is required to deliver any products or materials to the site, the Company’s obligation to deliver will be discharged on arrival of the products at the Customers nominated delivery destination, nominated transport company, nominated agent or the address appearing on the quotation.
3. The Customer will examine the products or materials immediately after delivery and the Company will not be liable for any mis-delivery, shortage, defect or damage unless the Company receives details in writing from the Customer within 3 calendar days of the date of delivery of the products.

Property and Risk

1. Subject to "Property and Risk," Clause 3, notwithstanding delivery of products, title in any products supplied and/or installed will remain with the Company until the Customer has paid and discharged any and all indebtedness to the Company on any account whatsoever including all applicable sales taxes and other taxes, levies and duties. Any payment made by or on behalf of a Customer that is later avoided by the application of any Statutory Provision will be deemed not to discharge the Customer’s indebtedness and in such an event the parties are to be restored to rights each respectively would have had if the payment had not been made.
2. The risk in any products supplied and/or installed will pass to the Customer upon delivery (actual or constructive) to the Customer.
3. The Customer acknowledges that if he is in possession of any products supplied and/or installed, he holds such, solely as a fiduciary bailee for the Company until payment has been made in full to the Company.
4. To the extent permitted at law, the Company will not be liable to the Customer or any third party for liquidated damages in any form, any delay costs, consequential loss including (without limitation) any loss of profits, loss of revenue, loss of production, loss of business opportunity, loss of goodwill, loss of business reputation, economic loss or any indirect, remote and/or unforeseeable loss. The aggregate liability of the Company in damages (however arising) in respect of any act or omission of the Company’s in connection with its obligations under these Terms and Conditions will not exceed the amount of one hundred dollars (AUD$100), even if the Company has been advised by the Customer as to the possibility of such loss being incurred.
5. As security for payment, the Customer (and where applicable each Guarantor) grants the Company a Security Interest (as defined in the Personal Property Securities Act 2009 (Cth) (“PPSA”) in the outstanding payments and all after acquired property and an irrevocable right to register this interest against it or its property (as the case may be) on the Personal Property Securities Register established under Chapter 5 of the PPSA (“Register”) including (without limitation) where applicable, as a purchase money security interest. The Customer grants the Company an irrevocable right to search the Register from time to time in relation to it or its property. The Customer agrees for the purposes of the PPSA and to the extent permitted by law, Sections 95, 121(4) 128, 129, 130, 132(3)(d), 132(4), 135 and 143 of the PPSA have no application to these arrangements and the Company is not required to give notice under section 135 of the PPSA. If the Company receives any notice in relation to the Customer under section 64 of the PPSA, all outstanding payments will become immediately due and payable. The Customer agrees to pass such resolutions, execute and sign any documents or forms, as required from time to time to formalise, affirm or perfect the said Security Interest.

Consumer Law

1. The Company’s goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. The Customer is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The term “major failure” has a defined meaning under the Australian Consumer Law.
2. No additional express warranty for defects or otherwise are provided for the Company’s products or services. Customers may rely upon their statutory rights and remedies under the Australian Consumer Law.
3. The Customer must contact the Company in relation to claims as soon as practicable after they become apparent. Subject to "Consumer Law," Clause 1, no claims will be accepted where made more than 12 months after the goods and services were provided by the Company.
4. Any cost incurred in contacting us or delivering the product to us will be borne by the Customer.

Force Majeure

1. The Company will not be liable for any failure or delay in supply, delivery or installation or completion where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of the Company including, but not limited to: war, strikes, lockouts, industrial disputes or unrest, epidemic, government restrictions or intervention, transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storms or tempest, vandalism or riot, civil commotions or accidents of any kind (each an "Event of Force Majeure"). The Company's obligations will be suspended until the Event of Force Majeure ceases to cause the failure or delay (as the case may be). The Customer will not be relieved of any obligation to make payment to the Company regardless of any party being affected by an Event of Force Majeure.

Licence

1. The Company may identify and remove any of the products the property of the Company or in which the Company has a Security Interest, in accordance with these Terms and Conditions of Sale without in any way being liable to the Customer or any person claiming through the Customer.
2. The Company licences the Customer to install the products if appropriate. If the products are affixed to other materials the totality thereof will be the sole and exclusive property of the Company until payment, as defined in "Terms of Payment," Clause 1, has been made in full to the Company unless the other materials or part thereof are or is the property of a party or parties other than the Customer’s in which case the totality thereof will be deemed to be owned as tenants in common with such other party or parties in shares corresponding to the respective amounts paid or payable by the Customer in respect of such other party or parties.

Termination

1. If the Customer fails to comply with any of these Terms and Conditions being a natural person or persons commits any act of bankruptcy or being a corporation passes a resolution for winding up or liquidation (other than for the purpose of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver, manager, receiver manager or administrator is appointed for any property or assets of the Customer or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed, the Company may, in addition to exercising all or any of its rights against the Customer, suspend any further deliveries and immediately enter premises occupied by the Customer to recover possession of any products not paid for in accordance with these Terms and Conditions without in any way being liable to the Customer or any person claiming through the Customer.

Governing Law & Jurisdiction

1. The Customer agrees that these Terms and Conditions will be construed according to the Laws of the State of New South Wales and that any proceedings being instituted and heard will be by any appropriate Court sitting in the State of New South Wales applying the Laws of New South Wales.

Company Website

1. This website uses third-party applications. Use of applicable features in this website is subject to the terms and conditions stated:

   1. Google Maps: https://maps.google.com/help/terms_maps.html