1. PREAMBLE
| 1.1 | Diverse Electrics reserves all rights of the contract and reserves the right to modify these Terms and Conditions at any time without notice. |
| 1.2 | No amendment of these Terms and Conditions shall be of any force or effect unless in writing and signed by the Company Director. |
| 1.3 | These terms and conditions shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company. |
| 1.4 | Terms and Conditions of the customer that are additional to these Terms and Conditions are not legally binding, unless specifically accepted by the Company. |
| 1.5 | By using Diverse Electrics services, the Customer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions. |
| 1.6 | In the event of a person signing as a customer on behalf of another person, company or firm of any kind, then the person signing is legally bound as a party to this contract and is required to pay for the services provided by the Company. |
2. DEFINITIONS
| 2.1 | Company means Diverse Electrics Pty Ltd and all its representatives, sub-contractors and employees. |
| 2.2 | Customer means the individual or company or person signing on behalf of an individual or company who has requested Diverse Electrics Pty Ltd services. |
| 2.3 | Service means the work that Diverse Electrics Pty Ltd provides. |
| 2.4 | Work means electrical works that Diverse Electrics Pty Ltd performs under this contract as requested by the customer. |
| 2.5 | Defective work means product or instillation that shows no sign of malicious damage and is genuinely not fit for purpose. |
3. ACCEPTANCE
| 3.1 | The customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions once the customer engages the Company for any works. |
4. GOVERNING LAW
| 4.1 | All services being provided shall be governed and construed in accordance with the Law of NSW and the Commonwealth of Australia. |
5. PRICE
| 5.1 | The Company provides quotes to the customer detailing the type of service and product the customer has request. |
| 5.2 | Each quote carries an automated fee. |
| 5.3 | 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. |
| 5.4 | Once the customer agrees to take on the Company’s services, they are bound by the price and payment terms of the quote/invoice. |
| 5.5 | Any service work after working hours requires a credit card security deposit. A 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. |
| 5.6 | Subject to any further changes of the service the customer has requested, the initial quote price will change, making the old quite invalid. |
| 5.7 | Cancellation of orders for products made to the customer’s specifications, or for non-stocklist items, will not be accepted once work has commenced or an order has been placed. |
6. INVOICE
| 6.1 | If the contract price is more than $20,000.00, the customer has cooling off rights. The customer may cancel the contract within 5 business day. |
| 6.2 | Once work has commenced and the customer changes their mind in accordance with clause 6.1 the customer is required to pay. The payment includes the materials and products used and labour charges. |
| 6.3 | In the event where the customer does not pay, the Company reserves the right to retrieve all materials and products that have been used to carry out the work. |
| 6.4 | In the event where the customer does not comply with clause 6.1 and 6.2, the Company reserves the right to commence legal action. |
| 6.5 | The customer agrees to pay additional amount to the price, which is the goods and services tax (GST) as required by the government. |
| 6.6 | A deposit can be requested from a customer if the work is $1,000 or more. |
| 6.7 | A deposit payment is required prior to work commencing. |
| 6.8 | When a customer requests services or maintenance work, the invoice is cash on delivery and the customer is required to pay the Company prior to them leaving the site. |
| 6.9 | Part payments are specified as per the quote. |
| 6.10 | If the customer owes the Company any money, the customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to administration fees, bank fees, collection agency costs and legal costs). |
| 6.11 | Without prejudice to any other remedies the Company may have, if at any time the customer is in breach of any obligation under these terms and conditions the Company may suspend or terminate the supply of works to the client. The Company will not be liable to the customer for any loss or damage the customer suffers because the Company has exercised its rights under this clause. |
7. QUALITY OF WORK
| 7.1 | All work carried out by the contractor will comply with the Building Code of Australia to the extent required. |
| 7.2 | All work carried out by the contractor will comply with all other relevant codes, standards and specifications of any relevant law to the extent required. |
| 7.3 | All work carried out by the contractor will comply with the conditions of any relevant development consent or development certificate to the extent required. |
| 7.4 | It is the customer’s duty to provide the contractor with a copy of the conditions of any relevant development consent or development certificates before commencement of works. |
| 7.5 | The contractor will carry out the works as agreed upon between the contractor and customer. |
| 7.6 | The contractor ensures that all work carried out will be up to the standard as required by rules and regulations of the state of New South Wales. |
| 7.7 | The contractor ensures that the materials used are as provided by the manufacturer and carry a warranty. The duration of warranty depends on the material. |
| 7.8 | The contractor does not cover any damage or loss incurred as a result of a defective part. |
| 7.9 | The contractor and customer must take all reasonable steps to minimise any delay of work. |
8. RISK
| 8.1 | Where the customer has supplied materials for the Company to complete the work, the customer acknowledges that they accept responsibility for the suitability of purpose, quality and any fault inherent in the materials. The Company shall not be responsible for any defects in the works or any loss or damage to the materials howsoever arising from the use of materials supplied by the customer. |
9. SITE CONDITIONS
| 9.1 | If the contractor encounters additional work that is required, the company will notify the customer of the works with the additional price. |
| 9.2 | It is up to the customer whether they agree to the additional works suggested. |
| 9.3 | The price that comes with the additional work suggested will be provided either on the spot by the contractor or in an additional quote within a reasonable amount of time. |
| 9.4 | The customer should notify the contractor at the earliest convenience whether they want the additional work to go ahead. |
| 9.5 | Should the customer choose to go ahead with the work, they accept the price quoted and are required to pay in accordance with the Payment Terms of the quote. |
10. ACCESS
| 10.1 | Should the customer choose to go ahead with the work, they accept the price quoted and are required to pay in accordance with the Payment Terms of the quote. |
| 10.2 | If the contractor arrived at the site and access is unavailable, additional charges may apply. |
| 10.3 | If it is likely to impede on the work to be undertaken or as requested by the contractor, the customer must remove any unfixed property from the vicinity of where the work is to be undertaken. |
11. CLEAN UP
| 11.1 | Once work has been finalised, the contractor will remove all rubbish and material relating to the work. |
| 11.2 | All leftover material is the property of the contractor, unless otherwise agreed upon between the contractor and customer. |
12. DAMAGE TO PROPERTY
| 12.1 | In any case where the customer’s property is damaged by the contractor, as a result of negligence by the contractor, due to the work being undertaken according to the specifics outlined in the contract, the contractor must make good of the loss or damage. |
| 12.2 | The contractor 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. |
13. OWNERSHIP OF PROPERTY
| 13.1 | Ownership of all materials and products will not pass onto the customer until the contractor has received payment in full together with any other charges or additional work charges the customer is required to pay. |
| 13.2 | Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised. |
| 13.3 | In a situation where work has commenced by the contractor and the contract has been terminated, the material and products used thus far shall remain the property of the contractor. |
| 13.4 | It is the customer’s responsibility to take reasonable care of the products and materials until the contractor has retrieved the products and materials from the site in relation to 13.1 and 13.2 |
| 13.5 | It is the customer’s responsibility to take reasonable care of the products and materials until the contractor has retrieved the products and materials from the site in relation to 13.1 and 13.2 |
| 14.1 | The contractor provides a 1-year labour warranty in relation to any defective work that has been carried out and invoiced. |
| 14.2 | Warranty applies only once the invoice is paid. |
| 14.3 | A warranty period is valid from the written date of the initial invoice in relation to the particulars outlined in that invoice. If the customer delays the payment of that invoice, the duration of the delay is subtracted from the total warranty period. |
| 14.4 | A customer has a 1-year manufacturers warranty on all products, excluding light globes and tubes, which carry a 6-month warranty period. |
15. CERTIFICATES
| 15.1 | Where required, the contractor will issue a compliance certificate to the customer, only once full payment of the work has been received. |
16. DISPUTE
| 16.1 | In a case where the contractor and a customer consider that a dispute has arisen in relation to the contract, 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. |
17. TERMINATION OF CONTRACT
| 17.1 | In the event where a customer decides to terminate the contract, the customer is required to pay for all work the contractor has provided thus far. |
| 17.2 | The customer is required to give notice to the contractor as early as possible of the termination of contract in writing. |
| 17.3 | In the event where the contractor fails to complete work within a reasonable time for an unacceptable reason or fails to remedy any defective work, the customer may issue a notice to the contractor to respond within 10 days. |
| 17.4 | The contractor may terminate the contract at any given time, if the customer has not complied with these Terms and Conditions, including the Payment Terms. |
18. INSURANCE
| 18.1 | The contractor must have insurance cover for public liability to cover for third parties deaths or personal injuries or damage to property not less than $2,000,000.00 |
| 18.2 | The contractor must have insurance cover for workers compensation insurance in accordance with Australian laws. |
19. LICENSE
| 19.1 | The contractor must carry a valid electrical license, unless the contractors employees are considered to be an apprentice, trades assistant or work experience students. |
| 19.2 | The customer can request to view the contractor’s license at any given time. |
20. PRIVACY
| 20.1 | When a customer enters into a contract with the contractor, the contractor collects the personal information in order to carry out the work requested and collect payment. |
| 20.2 | The contractor may share the personal information to its employees and/or sub-contractors that assist in the work being carried out. |
| 20.3 | The contractor ensures it acts accordingly to the Privacy Act 1988 (Cth). |
| 20.4 | The customer undertakes the duty not to disclose personal, confidential and sensitive information of the contractor to any person without the written consent of the contractor. |
| 20.5 | The customer agrees for the Company to obtain from a credit reporting agency a credit report containing personal credit information about the customer in relation to credit provided by the Company. |
| 20.6 | The customer agrees that the Company may exchange information about the customer with those credit providers either named as trade referees by the customer or named in a consumer credit report issued by a credit reporting agency for the following purposes: |
| 20.6.1 | to assess an application by the customer; and/or |
| 20.6.2 | to notify other credit providers of a default by the customer; and/or |
| 20.6.3 | to exchange information with other credit providers as to the status of this credit account, where the customer is in default with other credit providers; and/or |
| 20.6.4 | to assess the creditworthiness of the customer.The customer understands that the information exchanged can include anything about the customer’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988. |
| 20.7 | The information given to the credit reporting agency may include: |
| 20.7.1 | personal particulars (the customer’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number); |
| 20.7.2 | details concerning the customer’s application for credit or commercial credit and the amount requested; |
| 20.7.3 | advice that the Company is a current credit provider to the customer; |
| 20.7.4 | advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; |
| 20.7.5 | that the customer’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed; |
| 20.7.6 | information that, in the opinion of the Company, the customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the customer’s credit obligations); |
| 20.7.7 | advice that cheques drawn by the customer for one hundred dollars ($100) or more, have been dishonoured more than once; |
21. INDEMNITY
| 21.1 | The customer indemnifies the contractor 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. |
| 21.2 | The customer indemnifies the contractor against any liability to any person for loss or damage whether direct or indirect, caused or contributed to by the customer. |
22. LIMITATIONS OF LIABILITY
| 22.1 | The Company’s total liability is limited under this contract for breach of conditions or warranties, to resupply of the work or paying for its resupply. |
| 22.2 | The Company’s liability is limited under this contract, in tort and including negligence, for breach of statutory duty or on any other basis not covered in clause 21.1. |
| 22.3 | The contract may limit the liability of the contractor for failure to comply with clause 7.1, 7.2 and 7.3 if the failure relates to a design or specification prepared by the owner, or a design or specification required by the owner if the contractor has advised the owner or customer that the design or specification contravenes clause 7.1, 7.2 and 7.3. |
| 22.4 | In the case where clause 22.3 applies, the contractor’s liability is limited to $1.00. |
| 22.5 | The contractor is not liable for any delay of works commencing. |
23. FORCE MAJEURE
| 23.1 | Diverse Electrics will not be liable for failure to perform if events beyond the control of the Company arise. These events include, but are not limited, acts of God, Government action, war, fire, flood, epidemics, crime, terrorism, or other event beyond reasonable control of the Company. |