The Contract shall arise upon both parties accepting a quotation for the sale and purchase of the Supplier’s goods and services. In the case of the Client, acceptance of the quotation shall be completed upon the Client either verbally agreeing or signing the quotation, prior to commencement of work.
The Client acknowledges and agrees that in the event the Client requests a Call-Out to carry out Services then the Company reserves the right to charge a minimum Call-Out Fee of ninety-five dollars ($95.00) plus GST. The call-out fee is payable regardless of the issue identified, electrical or otherwise.
In the event the Company is required to provide the Services urgently, that may require staff to work outside normal business hours (including but not limited to working, through lunch breaks, weekends and/or Public Holidays) then the Company reserves the right to charge the Client additional labour costs (penalty rates will apply at time and a half normal rates), unless otherwise agreed between the Supplier and the Client.
Quotations issued by the Company are valid for thirty days from the date of issue.
The Company reserves the irrevocable right to withdraw a quotation where a genuine error has been made on the Company’s behalf.
Once the Supplier’s quotation has been accepted, no variation to the scope of work or to these terms and conditions shall be valid unless agreed in writing.
PRICES AND PAYMENT
Unless otherwise stated Goods and Service Tax is not included in our prices and will be added to any stated price.
Payment in full must be made within seven days following the date of invoice. The Client may not set off any payments owing to the Company against any payments owed by the Company to the customer or any claims that the customer may have against the Company.
Where work is undertaken over a period exceeding two weeks, a progress claim may be issued for work done and costs incurred up to the date of the payment claim. The Company will cease work on any site or job immediately on any payment from the customer becoming overdue. The company will not be responsible or liable for any delay whatsoever this may cause in accordance with the CONSTRUCTION CONTRACT ACT 2002.
The Company may charge interest to the Client at a rate of 10% per month on overdue amounts, until the overdue amounts are paid. The Client will also be liable to pay all the Company’s expenses (including collection and solicitors costs) incurred in attempting to obtain or obtaining a remedy for the Client’s failure to comply with these terms of trade.
Title, or ownership, of any goods supplied and/or installed by the Company remains with the Company until payment in full has been received by the Company, however risk and responsibility for the goods (including insurance responsibility) passes to the Client immediately on receipt / installation of the goods.
Should payment for any goods supplied and/or installed by the Company become overdue the Client hereby authorises the Company, without prejudice to any other rights of action the Company might have, to enter any premises where the goods are thought to be held, whether locked or unlocked to re-possess the goods. In the case of installed goods such as, but not limited to, alarm systems, the Company will remove the individual components making up the installed system. The Company will not be responsible for any damage caused in both entering the premises where the goods are thought to be held or in the removal of any installed goods, however the Company will attempt to keep any such damage to a minimum.
All goods and materials are held at the Client’s risk while on the Client’s premises or premises under the Client’s control. Any loss arising from theft, destruction or damage from any cause whatsoever shall be borne by the Client.
TIME TO COMPLETION
The Company will complete the work within a reasonable time and will endeavour to meet any target date the Client makes known to the Company. Should it be necessary to work outside ordinary working hours to meet the Client’s completion target or due to any other circumstances outside the Company’s control, the Client shall be liable for any extra costs incurred.
The Company warrants that it will remedy any defective workmanship and replace any faulty material that is reported to the Company in writing within 90 days of completion of the contract works. This performance warranty does not extend to any goods or materials supplied by the Client. In expect of work covered by the Consumer Guarantees Act 1993 this warranty is in addition to any rights the Client may have under that Act.
Warranties offered on all other goods or services, unless otherwise stated, are for a maximum duration of 12 months unless otherwise specified.
Warranties offered by the Company do not cover acts of God, and other circumstances beyond the reasonable control of the Company including (without limitation) any act (whether criminal or otherwise) by any third party.
Any warranty offered by the Company shall become null & void if payment for those goods or services, or future additions or service to them, becomes overdue. Notification of the cessation of warranty is not required to be given by the Company.
The Company will not be liable to the customer for any damage, loss or injury caused due to the misuse, malfunction, failure, inadequate coverage, poor installation techniques or poor system design of the goods supplied.
Any equipment that is covered under warranty by the Company may only be serviced altered or adjusted by the Company. If equipment supplied by the Company is in anyway tampered with, adjusted or serviced (other than in their normal day to day use) by any other person or company then any warranty offered will immediately become null and void.
ACCEPTANCE AND DURATION
By engaging the services of the Company, with either verbal or written consent, it must be assumed that the Client has read and accepts these terms of trade.
These terms of trade shall remain in place between the Client and the customer for as long as the customer is in usable possession of the goods or services