JS ELECTRICIANS
TERMS AND CONDITIONS OF TRADE
Bass Coast Electrical Contracting Pty Ltd T/A JS Electricians
These Terms and Conditions apply to electrical services provided by Bass Coast Electrical Contracting Pty Ltd trading as JS Electricians ("the Company", "we", "us" or "our") to the person or entity engaging the Company ("the Client", "you" or "your").
By accepting a quotation, work order, proposal or otherwise instructing the Company to commence work, the Client agrees to these Terms and Conditions together with the applicable quotation, proposal, scope of works and agreed variations.
If there is an inconsistency between these Terms and Conditions and a specific written quotation or contract, the specific written quotation or contract prevails to the extent of the inconsistency, subject to applicable law.
1. Licensing and Compliance
The Company will ensure electrical work is carried out by appropriately licensed and qualified electrical workers in accordance with applicable Victorian legislation, regulations, codes and Australian Standards.
The Company operates in accordance with requirements applicable to Registered Electrical Contractors and Licensed Electrical Workers in Victoria.
Where required by law, the Company will arrange the relevant Certificate of Electrical Safety (COES) and required electrical inspection.
2. Quotations
Quotations are valid for 14 days unless otherwise stated.
Quotations are based on the scope, information provided and site conditions reasonably apparent when prepared.
Quoted prices include GST unless expressly stated otherwise.
Quotations are subject to material, equipment and labour availability.
Where allowances, estimates or assumptions are identified, the final price may change in accordance with the applicable allowance, variation or actual cost.
The Company may correct genuine clerical, typographical or calculation errors.
3. Formation of Contract
A quotation may be accepted in writing, electronically, by email, text message, signed acceptance, payment of a requested deposit, or by instructing the Company to commence work.
Once accepted, the Client acknowledges that the Company may have committed labour, ordered materials, scheduled trades or declined other work in reliance on the quotation.
The contract consists of these Terms, the accepted quotation and agreed written variations.
4. Cancellation and Postponement
If the Client cancels or postpones a scheduled appointment with less than 24 hours' notice, the Company may charge a reasonable cancellation or postponement fee reflecting reasonable costs and losses directly incurred.
Where an accepted quotation is subsequently cancelled, the Company may charge, to the extent permitted by law, for work completed, materials or equipment purchased or ordered specifically for the works, reasonable preparation costs and other reasonable and demonstrable costs directly resulting from cancellation.
Any deposit may be applied against amounts properly owing, subject to applicable law.
The Company will not charge a cancellation amount that is unlawful or intended to operate as a penalty.
5. Pricing and Variations
The quoted price applies only to the scope expressly described in the quotation.
A variation may arise where the Client requests additional or different work; concealed or unforeseen conditions are discovered; existing electrical work is defective, unsafe or non-compliant; additional work is required for legal or safety compliance; site conditions differ materially from those represented; another contractor causes additional work; or specified materials become unavailable.
Where reasonably practicable, the Company will advise the Client of a material variation and expected price or time adjustment before carrying out the additional work.
Variations may be approved by signed document, email, text message or other electronic communication.
Where urgent work is reasonably required to make an installation safe, prevent damage or comply with legal requirements, the Company may carry out reasonably necessary work without prior written approval where it is not reasonably practicable to obtain it.
6. Payment Terms
Unless otherwise stated in the quotation or written agreement, invoices are payable within 7 days of the invoice date.
Progress invoices and deposits are payable in accordance with the quotation, agreed payment schedule and applicable law.
Payment must be made by the due date stated on the invoice.
Nothing in these Terms requires the Client to pay an amount that is not lawfully payable.
7. Deposits and Progress Payments
The Company may require a deposit, progress payment or payment for materials before commencing or continuing work where permitted by law.
Any required deposit or progress payment will be stated in the quotation, proposal or invoice.
For domestic building work to which Victorian domestic building payment requirements apply, the Company will comply with applicable statutory limits and payment requirements.
The Company will not require a deposit or progress payment greater than the amount permitted by applicable law.
Failure to pay an amount when due may, subject to applicable law, result in the Company suspending or rescheduling affected works.
8. Overdue Accounts
If an invoice remains unpaid after its due date, the Company may, to the extent permitted by law, charge reasonable interest on the overdue amount at the rate stated on the invoice or otherwise agreed in writing.
The Company may suspend further work, require outstanding amounts to be paid before recommencing, or require future work to be paid in advance, subject to applicable law.
The Company may recover reasonable costs incurred in recovering an overdue amount, including reasonable debt collection and legal costs, where recoverable by law.
9. Debt Collection
If an amount remains unpaid, the Company may refer the debt to a debt collection agency or commence legal proceedings.
Recovery costs charged to the Client will be limited to reasonable costs recoverable under applicable law.
10. Title to Materials
To the extent permitted by law, title to materials supplied by the Company remains with the Company until relevant amounts owing for those materials have been paid in full.
The Client must not knowingly sell, dispose of or otherwise deal with unpaid materials inconsistently with the Company's ownership rights.
Where materials have been incorporated into a building or property, the Company will only seek to recover them where it has a lawful right to do so and they can be safely and lawfully removed.
Nothing in these Terms authorises unlawful entry or unsafe removal of materials.
11. Access to the Property
The Client must provide the Company and authorised employees, contractors and subcontractors with reasonable access during agreed working hours.
The Client is responsible for securing animals, protecting valuable or fragile items, moving vehicles or other obstructions where reasonably required, and ensuring the work area is reasonably safe and accessible.
If reasonable access cannot be provided, additional charges and/or delays may apply.
12. Site Conditions and Existing Installations
The quotation is based on the condition of the site and existing electrical installation reasonably visible or disclosed when prepared.
The Company is not responsible for pre-existing defects, concealed defects, unsafe or non-compliant electrical work, or work previously performed by others.
If unsafe, defective or non-compliant work is discovered, the Company may stop work, make the installation safe, advise the Client, recommend additional work and/or provide a variation.
Older installations may contain conditions that cannot reasonably be identified until work has commenced.
13. Underground and Concealed Services
Before underground work, the Company may obtain information through Before You Dig Australia (BYDA) or other available sources.
The Client must disclose known underground or concealed services, including private electrical cables, water pipes, gas services, irrigation, drainage, telecommunications, septic systems and other infrastructure.
Underground service plans and location information may be incomplete, inaccurate or indicative only.
The Company is not responsible for damage to underground or concealed services that were not reasonably identifiable, disclosed, located or accurately marked, except to the extent caused by the Company's negligence or failure to exercise reasonable care.
Where reasonably required, the Company may require additional service locating or site investigation before excavation.
14. Site Access, Cleaning and Preparation
The Client is responsible for ensuring the work area is reasonably clean, clear and accessible before the Company attends.
The Client must remove or relocate furniture, vehicles, equipment, stored goods, tools, rubbish, personal belongings and other objects that obstruct or restrict access.
If the Company must move, relocate, remove or work around objects, clean excessive debris, prepare the work area, or undertake additional labour to gain reasonable access, additional charges may apply.
Charges may include labour, cleaning, disposal, equipment, waiting time or other reasonable costs incurred. Where reasonably practicable, the Company will advise the Client before undertaking the additional work.
If the Client was reasonably expected to complete preparation before the Company's arrival, the Company may charge for time spent undertaking that preparation or waiting for it.
Additional charges will be calculated using the Company's applicable labour/service rates and/or the reasonable cost of materials, equipment or services required.
If the work area is not reasonably accessible or safe, the Company may decline to commence or continue until adequately prepared. Reasonable call-out, waiting, rescheduling and additional labour costs may apply.
15. Tools, Materials and Equipment Left on Site
Where tools, equipment or materials are left on site at the Client's or site contractor's request or with permission, the Client or site contractor must take reasonable care to protect them from theft, loss or damage.
The Company is not responsible for loss or damage caused by the actions or omissions of the Client, site contractor or other persons attending the site.
16. Subcontractors and Other Contractors
The Company may engage suitably qualified and licensed subcontractors.
The Company remains responsible for managing work performed by its subcontractors.
The Client must not instruct Company subcontractors to undertake additional work outside the agreed scope without Company approval.
The Company is not responsible for delays, damage or defects caused by other contractors engaged by the Client or another party.
17. Delays
The Company will make reasonable efforts to meet agreed commencement and completion dates.
The Company is not responsible for delays beyond its reasonable control, including weather, supplier/material delays, unavailable materials, utility providers, inspections or authorities, other trades, restricted access, unforeseen conditions, Client-requested variations, illness, injury, staff shortages, industrial disputes or similar events.
Where a material delay occurs, the Company will make reasonable efforts to notify the Client and provide an updated timeframe.
18. Safety
The Company may stop work where it reasonably considers the site unsafe, the electrical installation dangerous, asbestos or another hazardous substance is suspected, workers face unacceptable risks, other contractors create an unsafe environment, or continuing would breach law or safety requirements.
Reasonable additional costs resulting from unsafe or hazardous site conditions may be charged where permitted by law.
19. Certificate of Electrical Safety
The Company will issue and provide the appropriate COES where required under Victorian electrical safety legislation.
Where prescribed electrical installation work is undertaken, the required independent inspection will be arranged in accordance with applicable requirements.
The Company will not withhold a required COES because of a payment dispute.
20. Warranty
Subject to the Australian Consumer Law and rights that cannot lawfully be excluded, the Company provides a 10-year workmanship warranty from completion of the relevant works.
Materials, products and equipment supplied by the Company are subject to applicable manufacturer or supplier warranties.
The workmanship warranty does not cover defects, damage or failure caused by misuse or neglect, accidental damage, normal wear and tear, unauthorised alteration/modification, later work by others, client-supplied products/materials, pre-existing defects, damage caused by other contractors, abnormal environmental conditions or circumstances outside reasonable control.
Where a manufacturer's warranty applies, the Company may assist with a warranty claim but is not responsible for providing a greater warranty than the manufacturer, unless expressly agreed in writing.
The Client must notify the Company of an alleged warranty issue within a reasonable time and allow a reasonable opportunity to inspect and, where appropriate, rectify it.
Nothing in this section excludes or limits rights or remedies available under the Australian Consumer Law.
21. Client-Supplied Materials and Equipment
Where the Client supplies materials, fixtures, appliances or equipment, the Client is responsible for ensuring they are suitable and available when required.
The Company does not provide a product warranty for client-supplied items and is not responsible for defects in those items.
Additional labour or costs resulting from defective, incompatible, missing or unsuitable client-supplied items may be charged.
The Company may refuse to install an item it reasonably considers unsafe, unsuitable or non-compliant.
22. Final Inspection and Completion
Upon completion, the Company may inspect and test the electrical work.
The Client must notify the Company of concerns or alleged defects within a reasonable time and allow a reasonable opportunity for inspection and rectification where the Company is responsible.
Minor defects or incomplete items that do not materially affect safe use or intended function do not, to the extent permitted by law, entitle the Client to withhold the entire amount otherwise properly owing.
23. Payment Disputes
If the Client genuinely disputes an invoice, the Client should notify the Company promptly and identify the disputed amount and reasons.
The parties should attempt to resolve the dispute in good faith.
Nothing in these Terms prevents the Client from exercising any right available under applicable law.
24. Termination and Suspension
Either party may terminate where the other commits a material breach and fails to remedy it within a reasonable period after written notice, where capable of remedy.
The Company may suspend or terminate affected works where an amount remains unpaid, the Client engages in threatening, abusive or unsafe conduct, the site is unsafe, the Company cannot lawfully perform, reasonable access is prevented, or continuing creates an unacceptable safety or legal risk.
Upon termination, the Client remains responsible for amounts lawfully payable for work completed, materials supplied or ordered and other obligations accrued up to termination.
Any suspension or termination right is subject to the Client's rights under applicable law.
25. Dispute Resolution
If a dispute arises, the parties will first attempt good-faith discussions.
The Client should notify the Company of the dispute and provide reasonable details.
Where appropriate, the parties may agree to mediation or another dispute-resolution process.
Nothing prevents either party exercising a legal right, making a complaint to a relevant regulator or seeking urgent legal relief.
26. Client Responsibilities
The Client agrees to provide accurate property/work information, provide reasonable access, disclose known hazards and concealed services, obtain approvals that are the Client's responsibility, ensure safe access, make payments when due, and not instruct Company employees or subcontractors to perform work outside the agreed scope without authorisation.
27. Liability
To the maximum extent permitted by law, the Company is not liable for loss or damage caused by pre-existing defects, concealed conditions that could not reasonably have been identified, work by others, client-supplied materials/equipment, the Client's failure to disclose relevant information, or circumstances beyond reasonable control.
Nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee or remedy that cannot lawfully be excluded, restricted or modified.
28. Indemnity
To the extent permitted by law, the Client indemnifies the Company against losses, claims, damages, liabilities and reasonable costs arising directly from the Client's negligence, breach of these Terms, inaccurate/incomplete information, or acts/omissions of persons engaged by the Client.
The Client is not required to indemnify the Company to the extent the relevant loss was caused by the Company's negligence, breach of contract or unlawful conduct.
29. Photographs and Records
The Company may take photographs, videos and other records of the work area, existing installation and completed works for quoting, documenting conditions, quality control, compliance, warranty records, dispute resolution, insurance and business records.
The Company will not use identifiable photographs of the Client's private property for public advertising or promotional purposes without the Client's consent.
30. Australian Consumer Law
Nothing in these Terms is intended to exclude, restrict or modify rights, guarantees, warranties or remedies available under the Australian Consumer Law or other legislation where those rights cannot lawfully be excluded, restricted or modified.
Where the Australian Consumer Law applies, the Company's goods and services come with guarantees that cannot be excluded by these Terms.
31. Governing Law
These Terms and any agreement between the Company and the Client are governed by the laws in force in Victoria, Australia.
The parties submit to the courts and tribunals having jurisdiction in Victoria.
32. Entire Agreement
These Terms, together with the applicable quotation, proposal, work order, scope of works and agreed variations, constitute the agreement regarding the works.
They supersede previous discussions, representations or understandings relating to the same works, except where expressly agreed otherwise in writing.
Nothing in this clause excludes rights or obligations that cannot lawfully be excluded.
33. Amendments
Any amendment to these Terms or the agreed scope must be agreed in writing.
Written approval may be provided by signed document, email, text message or other electronic communication capable of recording the agreement.
Company Details
Legal entity Bass Coast Electrical Contracting Pty Ltd
Trading as JS Electricians
ABN 18 651 640 381
Registered Electrical Contractor (REC) number 31576
Phone 0412 950 720
Email joel@jselectricians.com.au
Website www.jselectricians.com.au