TERMS & CONDITIONS
Working with Western Suburbs Electrical Melbourne
DEFINITIONS
This Agreement is between Western Suburbs Electrical Melbourne ABN 81181269101 (referred to as “Western Suburbs Electrical”, “we”, “us”, “our”), and the customer described in the Quote referred to as “your name/company”, “you”, “your”, “Client”, and collectively the associated Parties for the work.
If you request the services set out in your Quote at the indicated Premises, you agree and accept that our Services are provided to you on these Terms and Conditions.
ACCEPTANCE OF QUOTE
You accept our Quote and Terms & Conditions by writing/verbally instructing us to proceed with the Quote Services, or by paying a deposit for the Services.
DEPOSIT TERMS & WITHHOLDING DEPOSIT CIRCUMSTANCES
Where you have engaged our services and have paid a deposit, you hereby acknowledge this deposit can become non-refundable. In order to help you avoid forgetting appointments or things going wrong regarding appointments, we attempt to double confirm appointments and times with you prior to traveling to you, however if we can’t make contact prior to traveling to site, we will likely cancel the appointment and attempt to reschedule without taking your deposit, depending on our discretion. If we can no longer make contact for a further week we reserve the right to cancel the job and withhold part/full deposit.
Once you have double confirmed the appointment on the day we reserve the right to withhold the complete/part of the deposit if one of the following circumstances happens thereafter:
-Appointment Cancellation Regardless of Reason.
-Failure to gain access during the appointment time frame given. For example, no one answers the door or responds to phone calls for 10 minutes.
-Late to appointment notifications: If you make contact to notify us of being late for an appointment's specified time frame, we reserve the right to cancel the appointment, although we will try to be lenient with this and fill in the time between if able.
-You have resolved an electrical issue yourself and/or our services are no longer required.
JOB TERMINATION
If the Client terminates the job prior to the completion of works, the Client must pay for all Services provided prior to termination, the amount of which will be decided by us.
FULL/PART PAYMENTS REQUIRED UPON JOB COMPLETION/PROGRESSION
FULL PAYMENT: For jobs other than through real estate, full payment is required immediately upon completion of works prior to us leaving site.
PART PAYMENT: Part payments may be required [Separate from deposit] upon part completion of a job prior to us leaving site, if this is so then the details will have been stated on the quote as to the amount required.
We will have stated this above statement in your quote clearly, so as to make sure you have one or multiple payment methods ready.
PAYMENT METHODS: We accept cash, PayID/bank account transfer [with screen shot proof] & 'in person' credit card methods of payment.
COURSE OF ACTION CONCERNING FAILURE TO PAY: In the event that you cannot pay the required full/part payment, we reserve the right to take back our materials and remove the works we have done, without re-installing any original items that may have been removed for replacement. However if you have either your wallet, phone or cash available, then this shouldn't be a possibility.
MATERIALS OWNERSHIP
In line with the section above, if we have purchased any items, stock, products or other necessary materials (Materials) to provide Services to you, title in these Materials will not pass to you until full payment of the Price and if applicable, any additional Invoices rendered to you. If payment is not made or is declined for any reason, we reserve the right to reclaim the Materials from your possession, custody or control even if the Materials have been delivered to or installed at the Quoted Premises. We reserve the right to keep or sell such materials.
DAMAGE
You acknowledge and agree that we are not responsible or liable for any damage to your Premises or property if the damage was:
-Unforeseeable;
-Beyond our control;
-Due to existing faults or damage; or
-Already warned about as a possibility
SAFETY REGARDING DANGEROUS SUBSTANCES OR CUSTOMERS
If at any time during the provision of the Services it is, in our discretion, unsafe to continue, we will suspend all Services until we are satisfied that the Services can be provided safely.
Aggressive Customers: In the event that our feelings of safety are compromised by threatening or aggressive clients we reserve the right to immediately leave the site. Additional personnel or the absence of the aggressive person will be required for continuing works.
Hazardous Substances: The Client acknowledges and agrees that, in the event asbestos or other toxic substances (Hazardous Substances) are discovered at the Premises, it is the responsibility of the Client to ensure safe removal of Hazardous Substances at its own cost. Under no circumstances will Western Suburbs Electrical Melbourne handle the removal of any Hazardous Substances.
In the event that within a week we are unable to continue providing our Services due to the Premises still being unsafe, the Client is required to pay for the works thus far completed.
5 YEAR WORKMANSHIP WARRANTY
We warrant that if any defects in the workmanship of our employees or contractors becomes apparent within five (5) years of the date the Services were provided, we will, at our discretion, replace or remedy the defect in accordance with the Australian Consumer Law (Warranty).
This Warranty will not cover any defects or damage that was caused or partly caused by:
-Failure by the Client to maintain any of the Materials;
-Failure by the Client to follow any instructions or guidelines provided by us or any of our employees or contractors;
-Any use of the Materials other than the application specified on the Quote;
-Continued use of Materials after any defect becomes apparent, or would have become apparent to a reasonably prudent person;
-Reasonable wear and tear; or
-Any accidents.
If any of the workmanship provided by us, our employees or contractors is repaired, altered or overhauled without our consent, this Warranty will cease and we will not accept any liability for any defects in workmanship.
When you make a warranty claim, we will inspect the alleged workmanship defects. You acknowledge and agree that if you make an incorrect or invalid claim against our Warranty, we will charge you a fee of $150+Gst which will be payable at the completion of the inspection. We will attempt to determine this through photos prior to site attendance.
MANUFACTURER'S WARRANTY
If an item becomes faulty due to a manufacturer's fault & is within the time period of the manufacturer's warranty we will replace the item with only a labour cost and no material cost involved. All of our materials used are brand new and should last many years, however we cannot afford to replace at free labour cost in addition to free material cost unless it relates to a workmanship warranty claim. If you also want free labour in addition to free material replacement when claiming the manufacturers warranty, you must request SAL products to be used which come at a higher cost, but are a company that offers to also cover labour with manufacturers claims.
REAL ESTATE AGENCIES TERMS & CONDITIONS
Note: All terms and conditions for general consumers in the above sections apply also to Real Estate Agencies except regarding the immediate payment upon completion of works where arrangement for payment taken from the tenants next rent pay is made.
-PAYMENT METHOD: If the payment must be paid directly by the property owner as opposed to being taken from the tenants next rent payment, then this must be made known to ourselves and our procedure including a deposit will need to be discussed before acceptance of the quote. If this has not been made known to us that it is a property owner direct payment job, then if we have not received payment from them within one week, then payment must be taken from the following rent pay from the tenant.
-POSSIBLE CHARGES TO TENANTS: If its not possible to remove a tenants bond money for the following reasons, the quote should not be accepted. We reserve the right to charge $150+Gst for the following occurrences:
1. Tennant rectifying issue themselves with short notice: -If a tenant had fixed an electrical issue whilst we are travelling to or after arrival on site and no services are anymore required, this results in lost time.
2. Tennant not answering the door or not being home during the appointment time frame given: -If a tenant doesn't answer the door after a door knock and phone call attempt goes unanswered, if there is no response within 10minutes waiting the appointment may be deemed cancelled and will result in a cancellation fee.
3. Tenant Late to appointment notifications with late notice: If a tenant makes contact to notify of being late for an appointments specified time frame, we reserve the right to cancel the appointment and charge a fee for failure to be present at the required time frame given, although we will try be lenient with this.
4. Tenant late notice appointment cancellation: Cancellations must be made at minimum the day prior to the appointment. If a tenant cancels an appointment on the day of the appointment, regardless of the reason we reserve the right to charge for lost time.