Terms & Conditions of Trade – Premier Electrical Services (WA)
Any and all works carried out by Premier Electrical Services either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Premier Electrical Services.
1.1 “Premier Electrical” shall mean Premier Electrical Services (WA), or any agents, contractors and employees hereof.
1.2 “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Premier Electrical.
2.0 The client agrees to pay all money due at the completion of all works or progress payments where requested as per 2.1.
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works, and no later than 7 days after.
2.2 Any payments which fall overdue shall incur a non-negotiable late fee of 10% with interest accruing monthly at 15% pa until paid in full.
2.3 All quoted works are subject to variations as required & are at the discretion of Premier Electrical to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.
2.4 Premier Electrical fees are subject to change without notification to the client.
2.5 Additional fees & charges shall apply outside of normal business hours 0700 to 1700 Monday to Friday.
2.6 I accept that all invoices shall be provided in categories of service & GST only. Itemised accounts will not be issued.
3.1 All goods shall remain the property of Premier Electrical until such time payment is received in full.
4.0 Cancellation Policy
4.1 Premier Electrical may cancel these terms & conditions or cancel delivery of goods & services at any time. Premier Electrical shall not be liable for any loss or damage what-so-ever arising from such cancellation.
4.2 The client must provide Premier Electrical with at least 24hrs of any cancellation of works. Failure to do so will incur a minimum charge of $110 including GST.
4.3 Placing a deposit with Premier Electrical secures & confirms your job. Where a deposit has been paid to Premier Electrical, deposits are non-refundable.
5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on workmanship in the exact location & scope as carried out by Premier Electrical. Client must provide original invoice for proof of works.
5.2 Any additional site visits required for warranty calls will be charged out as $110 including GST if no faults are evident or found.
5.3 All valve and valve type parts as well as any specified items installed by Premier Electrical must be serviced annually by Premier Electrical. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.4 The client shall inspect the goods and works on completion and must report any defects to parts or installation works within 48 hours in writing to Premier Electrical of any alleged defects, damage or shortage in quantity. The client shall afford Premier Electrical an opportunity to inspect the alleged damage/defect within 7 working days from date of written notification and give Premier Electrical the opportunity to repair/make good to Australian & reasonable standards within 14 working days.
5.5 No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1
6.0 Intellectual Property
6.1 Where Premier Electrical have designed or drawn goods for the client, then the copyright in those drawings and designs shall remain vested in Premier Electrical, and shall only be used by the client at Premier Electricals discretion and consent (written) to do so.
7.0 Clients Disclaimer
7.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Premier Electrical and the client acknowledges that he/she buys services of Premier Electrical relying solely upon his/her own skill and judgement and that Premier Electrical shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the manufacturer which warranty shall be personal to the client and shall not be transferable to any subsequent client.
8.0 Underground Services
8.1 The client will indemnify Premier Electrical and keep Premier Electrical indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Premier Electrical will not be liable for any repair work and any and any repair work required will be paid at the clients expense. Such as liability, loss, claims or proceedings includes but not limited to a0 damage to the property, real or personal; b) death or personal injury; and c) consequential or economic loss of any kind.
9.0 Rock and Filled Ground
9.1 Unless specifically included in written quotes and or estimates, rock excavation, dewatering or supportive works such as pier and beams for filled or made-up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless stated in writing otherwise.
9.2 Existing soils shall be returned to excavate areas where possible and ground shall be left filled. Landscaping and concrete works are not included in quotation unless specified in writing. All concrete, paving and landscape works including shrub, plant and lawn replacement will be treated as a variation.
10.1 Premier Electrical will only make refunds at the direction of management. If any invoice has been paid partially or in its entirety, a refund if approved will be via the same means as which it was paid, within five working days. If agreed and at managements approval the refund can be credited against other unpaid works.
11.0 Dispute Resolution
11.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying and providing details of the dispute. Within seven days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve dispute.
11.2 At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be resolved either party may be further notice in writing delivered or sent by certified mail to the other party refer such dispute arbitration.
11.3 Any arbitration shall be:
11.3 (a) Referred to The Consumer Trader and Tenancy Tribunal (CTTT).
12.0 Compliance with the Laws
12.1 The client and the contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
12.2 The client shall obtain (at the expense of the client) all licenses and approvals that may be required for the works (councils and or other governing agents).
12.3 The client agrees that the site will comply with any occupational health and safety laws relating to the building and construction sites and any other relevant safety standards or legislations.
13.1 The client agrees to Premier Electrical using their personal information for marketing purposes and gives Premier Electrical permission to send out future advertising material.
13.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood drought, storm or other event beyond the reasonable control of either party.
13.3 Premier Electrical does not accept any responsibility for damage to property during works being carried out or by any subsequent electrical failure arising from the scope of works conducted by Premier Electrical.
13.4 Premier Electrical shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour, machinery or materials outside the direct control of Premier Electrical.
13.5 In the event of any breach of this contract by Premier Electrical the remedies of the client shall be limited to damages. Under no circumstances shall the liability of Premier Electrical exceed the price of the goods.
13.6 Premier Electrical reserves the right to review and make changes to these terms and conditions at any time.