Damage to Property
In any case where, the Customers property is damaged by the Company, as a result of negligence by the Company, due to the work being undertaken according to the specifics outlined in the agreement, the Company must make good of the loss or damage.
The Company is not required to make good of any loss or damage where the loss or damage is caused by the Customer’s negligence or where the Customer has failed to take reasonable steps to minimise the risk or damage.
The Company provides 1-year warranty on any defect work that has been provided by the Company.
The manufacturer provides warranty on products according to their terms.
In the event that there is an electrical issue on the product that the Company has supplied, the Company will bear labour costs.
Light globes and tubes carry a 6-month warrant period only.
Warranty applies only once the invoice is paid in full.
The products supplied to the Customer pursuant to these Terms of Trade do not pass to the Customer until all money (including money owing in respect of other transactions between the Company and the Customer) due and payable to the Company by the Customer have been fully paid.
The Customer agrees the Company may repossess the products if payment is not made within 14 days of the supply or the products.
The Company may agree to an extended payment period with the Customer.
The Customer grants the Company to enter the Customers premises in order to recover the products which have not been paid for within required or agreed the time frame.
The Customer indemnifies the Company in respect of any damage to property or personal injury which occurs as a result of the Company entering the Customers premises.
If work has commenced by the Company and the contract is terminated, the products used on the job shall remain property of the Company until the Customer has paid the Invoice.
In addition to the express rights of termination provided in these Terms of Trade, the Customer may terminate these Terms of Trade by giving 30 days written notice to the other party.
If the Customer terminates the agreement, the Customer is required to pay all work the Company has performed thus far.
The Company may terminate the work and agreement at any time.
Where the Company and Customer consider that a dispute has arisen in relation to the agreement, both parties agree to negotiate in good faith in an effort to resolve the issue before any complaints are made to the Department of Fair Trading or any legal action is taken.
Limitation of Liability
To the full extent allowed by law, the Company’s liability for breach of any term implied into these Terms of Trade by any law is excluded.
All information, specifications and samples provided by the Company in relation to the Goods or Services are approximations only and, subject to any guarantees under the Australian Consumer Law, small deviations or slight variations from them which do not substantially affect the Customer’s use of the Products or Services will not entitle the Customer to reject the Products or service, or to make any claim in respect of them.
Any advice, recommendation, information, assistance or service given by the Company in relation to Products and/or Services is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given, but is provided without any warranty or accuracy, appropriateness or reliability. The Company does not accept any liability or responsibility for any Loss suffered as a result of the Customer’s reliance on such advice, recommendation, information, assistance or service.
The contractor is not liable for any delay of works commencing.
The Customer indemnifies the Company against any third party claim for indirect or consequential loss or damage, however caused, including through a negligent act or omission of the contractor. This can include; loss of data, loss of revenue, loss of profit or any other indirect costs.
The Customer indemnifies the Company against any liability to any person for loss or damage whether direct or indirect, caused or contributed to by the Customer.
At the Customers request, the Company will issue a compliance certificate to the Customer only once full payment of the work has been received.
The Company must have insurance cover for public liability to cover for third parties deaths or personal injuries or damage to property not less than $5,000,000.00.
The Company must have insurance cover for workers compensation insurance in accordance with Australian laws.
The Company must carry a valid electrical license, with the exclusion of the Company’s apprentice, trades assistant or work experience students.
The customer can request to view the contractor’s license at any given time.
The obligations of this agreement shall continue for a period of the Company’s lifetime.
2If circumstances beyond the Company’s control prevent or hinder its provision of the Goods or Services, the Company is free from any obligation to provide the Goods or Services while those circumstances continue.
The Company may elect to terminate this agreement or keep the agreement on foot until such circumstances have ceased.
Circumstances beyond the Company’s control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
These Terms of Trade and any Quotes and written variations agreed to in writing by the Supplier represent the whole agreement between the parties relating to the subject matter of these terms.
All services being provided shall be governed and construed in accordance with the Law of NSW and the Commonwealth of Australia.