JS Electricians - Terms and Conditions

These terms and conditions outline the agreement between JS Electricians, hereafter referred to as "the Company," and the client for electrical services as described in the accompanying proposal or work order.

1. License and Accreditation:

  • The Company and its employees engaged in electrical work shall possess and maintain all necessary licenses and accreditations required by the regulatory authorities in Victoria, Australia. The Client reserves the right to request proof of these credentials at any time during the project.

2. Quotations and Pricing:

  • All quotations provided by the Company are valid for a period of 14 days unless otherwise stated.

  • Prices quoted are inclusive of Goods and Services Tax (GST) unless explicitly specified.

  • In the event that the Client cancels a scheduled job without providing at least 24 hours' notice prior to the agreed-upon start time, the Client shall be liable to pay a cancellation fee to the Company.

  • The cancellation fee will be determined based on the nature and scope of the canceled work, and it shall not exceed a reasonable and proportionate amount reflecting the costs incurred and potential losses suffered by the Company due to the cancellation.

  • The Company reserves the right to invoice the cancellation fee, and payment shall be due within 7 from the date of the invoice.

  • The imposition of a cancellation fee is without prejudice to any other rights or remedies available to the Company under this agreement or applicable law.

  • Once a quote has been accepted by the Client, any subsequent rejection of the accepted quote may result in a quote rejection fee payable by the Client to the Company.

  • The quote rejection fee will be determined based on the nature and scope of the accepted quote, and it shall not exceed a reasonable and proportionate amount reflecting the costs incurred, time invested, and potential opportunities foregone by the Company due to the quote rejection.

  • The Client acknowledges that the quote rejection fee is intended to compensate the Company for the resources expended in preparing and reserving resources for the accepted quote.

  • The Company reserves the right to invoice the quote rejection fee, and payment shall be due within 7 from the date of the invoice.

  • The imposition of a quote rejection fee is without prejudice to any other rights or remedies available to the Company under this agreement or applicable law.

3. Payment:

  • Payment terms are, unless otherwise agreed, to be paid on completion of the project

  • Late payments may incur interest charges at a rate in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (Cth).

  • The Company reserves the right to suspend work or terminate the agreement for non-payment.

  • In the event of non-payment, the Company reserves the right to engage a debt collection agency to recover outstanding amounts. The client shall be responsible for all costs and fees associated with the engagement of the debt collection agency, including legal fees, court costs, and any other expenses incurred in the process.

  • The Client agrees to make progress payments to the Company in accordance with the agreed-upon schedule tied to specific project milestones. The payment schedule will be outlined in the project proposal or work order and is contingent upon the completion of defined stages of the electrical work. Failure to make timely progress payments may result in a suspension of work until payments are brought up to date.

4. Ownership of Materials and Right to Reclaim:

  • Until full payment has been received by JS Electricians for all services rendered and materials supplied, all materials, parts, equipment, and fixtures provided by JS Electricians shall remain the property of JS Electricians.

  • In the event of non-payment or default by the Client, JS Electricians reserves the right to enter the Client's premises to reclaim and repossess any materials, parts, equipment, or fixtures that are owned by JS Electricians and remain unpaid for.

  • The Client grants permission and access to JS Electricians to enter the premises during reasonable hours for the purpose of reclaiming the said materials, parts, equipment, or fixtures in accordance with this provision.

  • JS Electricians shall make reasonable efforts to notify the Client in advance of any such repossession actions, providing an opportunity for the Client to remedy the non-payment and avoid the need for repossession.

  • The Client acknowledges and agrees that JS Electricians shall not be liable for any damages, losses, or disruptions caused during the repossession process, provided that reasonable care and diligence are exercised.

5. Deposits for Jobs Above $500:

  • For jobs with a total estimated cost exceeding $500, the Client agrees to provide a deposit equivalent to 30% of the total project cost. The deposit amount will be specified in the project proposal or work order and is intended to secure the Company's commitment to commence and reserve resources for the scheduled work.

  • The deposit is due and payable within 7 from the date of the invoice issued by the Company. Failure to remit the deposit within the specified timeframe may result in the rescheduling or postponement of the job until the deposit is received.

  • The deposit amount will be deducted from the final invoice upon completion of the project, and the remaining balance shall be invoiced according to the agreed-upon payment terms.

  • In the event of cancellation by the Client after the deposit has been paid, the deposit is non-refundable, and the cancellation fee, as outlined in Section 31 (Cancellation Fee), may also apply.

  • The Company reserves the right to withhold the commencement of work until the deposit is received, and the project timeline may be adjusted accordingly.

6. Schedule and Delays:

  • The Company will make reasonable efforts to adhere to the agreed-upon schedule.

  • Delays caused by unforeseen circumstances (e.g., weather, regulatory issues) may extend the completion date.

  • Neither party shall be held liable for any failure or delay in the performance of their obligations under this agreement due to circumstances beyond their reasonable control, including but not limited to acts of nature, war, government regulations, terrorism, or other unforeseen events. In such cases, the affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact.

7. Changes to Scope:

  • Any changes to the scope of work must be documented in writing and may result in adjustments to the project timeline and cost.

8. Warranties:

  • The Company provides a 10-year warranty on both workmanship and parts, in accordance with the manufacturer's warranty. This warranty period commences from the date of completion.

  • The warranty covers any defects or issues arising from faulty workmanship or defective parts. However, it does not cover damage caused by misuse, negligence, unauthorized modifications, or normal wear and tear.

  • Parts supplied by the Company are covered under this warranty, subject to the terms and conditions of the manufacturer's warranty. The Company will facilitate the resolution of any warranty claims for such parts in accordance with the manufacturer's guidelines.

  • Parts not supplied by the Company are not covered under this warranty. The client is responsible for addressing any warranty concerns directly with the respective manufacturers or suppliers of those parts.

  • To avail of the warranty services, the client must notify the Company promptly of any issues, providing details of the concern and allowing the Company a reasonable opportunity to inspect and remedy the matter.

  • The Company reserves the right to determine the appropriate method of rectification, whether through repair, replacement, or refund, based on the nature of the issue.

  • Any warranty claims must be made within the specified warranty period. After the expiration of the warranty period, the Company shall not be held liable for any defects or issues.

  • The warranty is non-transferable and applies only to the original client who contracted the services.

  • This warranty does not affect the client's statutory rights under the Australian Consumer Law.

9. Underground Works:

  • For any underground works, all information obtained through Dial Before You Dig (DBYD) shall be utilized. The Company takes no responsibility for damage to assets not identified or inaccurately marked through DBYD.

10. Site Conditions:

  • The client is responsible for providing clear access to the areas of work. Any obstructions, debris, or objects hindering the work area must be removed by the client before the commencement of work.

  • Additional fees may apply if the Company is required to clean the work area or move objects to gain access. The client will be notified in advance of any such fees.

  • Any materials or tools left on the site with the explicit permission of the client or site contractor shall be the responsibility of the client or site contractor. The Company shall not be held liable for the loss, theft, or damage of materials or tools left on the site under such circumstances.

  • The Client agrees to grant the Company and its authorized personnel unrestricted access to the premises during the agreed-upon working hours for the purpose of performing the electrical work. The Client shall take reasonable measures to ensure that access is provided promptly and without unnecessary hindrance.

  • In the event that access is restricted or delayed due to circumstances beyond the control of the Client, the Company reserves the right to adjust the project timeline accordingly. The Client will be promptly notified of any such adjustments.

11. Subcontractors:

  • The Company reserves the right to engage subcontractors to perform specific aspects of the electrical work outlined in the project. The use of subcontractors shall not relieve the Company of its obligations under this agreement.

  • The Company will ensure that any subcontractors engaged are appropriately licensed and qualified for the tasks assigned. The Client will be notified in advance of the involvement of subcontractors, and their details will be made available upon request.

  • The Company shall remain fully responsible for the coordination, supervision, and quality of work performed by subcontractors. Any issues or concerns related to the performance of subcontractors should be communicated to the Company, and the Company will take appropriate actions to address and remedy such concerns.

  • The Client agrees not to engage directly with subcontractors hired by the Company for the duration of the project. All communications and requests should be directed to the Company's designated representative.

  • In the event that a subcontractor is unable to fulfill their obligations, the Company will make reasonable efforts to replace them with a qualified and suitable alternative. The Client will be promptly informed of any such changes.

  • The terms and conditions of this agreement shall extend to subcontractors engaged by the Company. Subcontractors are bound by the same confidentiality and non-disclosure obligations as outlined in this agreement.

  • The Company shall be responsible for compensating subcontractors for their services, and the Client shall not be held liable for payment to subcontractors engaged by the Company.

12. Final Inspection and Acceptance:

  • Upon completion of the electrical work, the Company will conduct a final inspection to ensure that the project meets the agreed-upon specifications and standards. The Client or their designated representative shall be afforded the opportunity to participate in this inspection.

  • If any deficiencies or non-compliance with the agreed-upon specifications are identified during the final inspection, the Company will promptly address and rectify such issues. A follow-up inspection will be conducted to verify the satisfactory resolution of identified concerns.

13. Termination:

  • Either party may terminate the agreement with written notice if the other party breaches the terms and conditions.

14. Confidentiality:

  • Both parties agree to keep all information obtained during the course of the project confidential. This includes, but is not limited to, proprietary business information, trade secrets, and project-related details. The confidentiality obligation continues beyond the termination of this agreement.

15. Dispute Resolution:

  • Any disputes arising from this agreement will be resolved through negotiation, mediation, or arbitration, in accordance with the laws of Victoria.

16. Indemnity Clause:

  • The Client agrees to indemnify and hold the Company harmless from any claims, damages, or liabilities arising out of the Client's actions, negligence, or failure to comply with the terms of this agreement. This indemnity shall extend to legal costs and expenses incurred by the Company in defending against such claims.

17. Governing Law:

  • This agreement is governed by the laws of the state of Victoria.

18. Entire Agreement:

  • These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings.

19. Amendments:

  • Any amendments to this agreement must be in writing and agreed upon by both parties.