In these Terms of Trade:
Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out.
Customer means the person identified on a Quote or as the person engaging in this service.
Application
These Terms of Trade apply to all transactions between the Customer and the Company relating to the provision of goods and services, including all quotations, contracts and variations. These Terms of Trade take precedence over Terms of Trade contained in any document of the Customer or elsewhere.
The variation or waiver of a provision of these terms or a party’s consent to a departure from a provision by another party is ineffective unless in writing signed by both parties.
The Company may amend any details in a quote by notice in writing to the Customer.
Quotes
The Company may provide the Customer with a quote. Any quote issued by the Company is valid for 30 days from the date of issue.
Unless otherwise expressly agreed in writing, each quote carries an automated fee.
Quote fees may be waived by the Company at its discretion in circumstances where the Customer accepts the quote.
Quotes are based upon the cost of materials available at the time of preparation of the quote and assume the timely supply by the Customer of necessary material and instructions to the Company.
The specifications and descriptions contained in the quote merely represent a general idea of the product or service and the Company reserves the right to make any changes to these materials that do not affect the purpose of the product.
Following provision of a quote to the Customer, the Company is not obliged to commence work until the quote has been accepted by the Customer.
The Company reserves the right to amend any quote before the order has been completed to take into account any rise or fall in the cost of completing the order. The Company will notify the Customer of any amendment as soon as practicable, at which point the amended quote will be the estimate.
Variations
The Customer may request that the quote be varied by providing a request to the Company either verbally or in writing.
If the Customer wishes to vary its requirements after a quote has been prepared or after the placement of an order, the Company reserves the right to vary the quote to include any Additional Charge in respect of any extra costs incurred or additional work carried out due to the variation, in accordance with its then current charge rates. A revised Quote issued by the Company in respect of the requested variation supersedes the original Quote.
The Supplier has an automatic extension of time for the provision of the Goods or Services equal to the delay caused by the variation.
Diagnostic fees apply for any additional work requested by the Customer.
Call-out fees do not apply when Company is on site.
Call out fees may vary depending on the location of the customer (out of Sydney areas).
Invoicing and Payment
The Company may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:
prior to commencing the provision of the goods or services, for an amount equal to the quote and additional charges where the Company has not previously carried out work for the Customer;
at the end of each week before the order is completed, the Company may issue one or more invoices for a proportion or the whole of the amount of the quote;
The amount payable in an invoice is as per the quote and any additional charges.
The Customer must pay an invoice issued by the Supplier to the Supplier within 14 days of a valid tax invoice being issued to the Customer.
If any invoice is due but unpaid, the Company may withhold of any further work until overdue amounts are paid in full.
The Customer is not entitled to retain any money owing to the Company notwithstanding any default or alleged default by the Company of these Terms of Trade, including (but not limited to) the supply of allegedly faulty or defective goods, provision of services to an inadequate standard or a delay in the provision of goods or services. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.
All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of the Company, are to be paid by the Customer as a debt due and payable under the Terms of Trade.
If the contract price is more than $20,000.00, the customer has cooling off rights. This means that the customer has the right to cancel the contract if they change your mind. If this is so, they must do this within 5 business days.
Once work has commenced and the customer changes their mind in relation to clause 5.1, the work that has been carried out by the contractor thus far, requires the customer to pay. The payment includes the materials and products used and the labour charges.
If the Company is on site and completed the assessment and the Customer does not go ahead with the service, the call out fee and diagnostic rate still applies.
Any service work after working hours requires a credit card security deposit. The Customer will not be charged until the job is completed, however if the Company has commenced their journey to the site, and the Customer decides to cancel the job, then their credit card will be charged the service/call-out fee.
Deposit
A deposit can be requested from a customer if the work is amounted to $1,000 or more, in the event where non-standard materials need to be purchased in order to carry out the work requested.
A deposit payment is required prior to the work commencing as per the invoice date.
Quality of Work
All work carried out by the contractor will comply with the New South Wales and Australian law to the extent required.
All work carried out by the Urban Connect Electrical will comply with the conditions of any relevant development consent or development certificate to the extent required.
It is the customer’s duty to provide the Urban Connect Electrical with a copy of the conditions of any relevant development consent or development certificates before commencement of works.
Urban Connect Electrical ensures that the materials used are as provided by the manufacturer and carry a warranty. The duration of warranty depends on the material.
Urban Connect Electrical does not cover any damage or loss incurred as a result of a defective part.
Access
The Customer must provide reasonable access to the site in order for Urban Connect Electrical to carry out the work.
If Urban Connect Electrical arrived at the site and access is unavailable, additional charges may apply.
The Customer must remove any items from the vicinity of where the work is to be undertaken at Urban Connect Electrical’s request.
Clean Up
Once work has been finalised, the Company must remove all rubbish and material relating to the work.
All leftover material is the property of the Company, unless otherwise agreed upon between the Company and the Customer.
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.
Warranty
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.
Title
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.
Termination
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.
Disputes
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.
Indemnity
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.
Certificates
At the Customers request, the Company will issue a compliance certificate to the Customer only once full payment of the work has been received.
Insurance
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.
License
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.
Survival
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.
Governing Law
All services being provided shall be governed and construed in accordance with the Law of NSW and the Commonwealth of Australia.
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