Standard Terms

Alexander C Electrical | ABN 46 772 823 354 | Electrical Licence No. 92749 | 655 Glenusk Rd, Blackall QLD 4472

1. About these terms

1.1 These Terms of Trade ("Terms") apply to all electrical work, services, materials and advice ("Services") that Alexander C Electrical (ABN 46 772 823 354), Electrical Licence No. 92749, of 655 Glenusk Rd, Blackall QLD 4472 ("we", "us", "our") supplies to you ("Customer", "you").

1.2 Contact details: service@alexandercelectrical.com.au | 0495 054 472.

1.3 These Terms form the agreement between you and us, together with our quote, any written variation, and any invoice. If there is an inconsistency, a written quote or variation signed or accepted by both parties prevails over these Terms.

1.4 You accept these Terms when you accept a quote in writing, verbally or by email or text message, ask us to start work, or allow us to start work, whichever occurs first.

1.5 Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded.

2. Quotes and estimates

2.1 Quotes are valid for 30 days from the date issued unless stated otherwise, and may be withdrawn or amended by us at any time before you accept.

2.2 A quote is based on the information you give us and what we can reasonably see at the time of quoting. Unless the quote says it is a fixed price, any figure given is an estimate only.

2.3 Unless stated otherwise, quotes include GST, cover only the work described, and do not include:

• repairs to existing wiring, switchboards or equipment found to be faulty, unsafe, non-compliant or unsuitable once work starts;
• patching, painting, tiling or other making good of walls, ceilings or finishes;
• building, plumbing, air-conditioning or other trades' work;
• network (electricity distributor) fees, application charges or connection costs; or
• permits, approvals or engineering reports, unless expressly stated.

2.4 Where a job requires us to travel to a site outside Blackall, we may charge for travel time and distance as set out in our quote or price list.

3. Price, variations and extra work

3.1 Where work is charged on a time-and-materials basis, you will pay our hourly or daily rates for labour, plus materials, travel, plant and any minimum call-out fee, as notified to you before the work starts. After-hours, weekend and public holiday work may be charged at higher rates.

3.2 Rates and material prices may change. If the cost of materials increases materially between quote and supply (for example, due to supplier price increases), we may adjust the price by notifying you in writing before the affected materials are ordered or supplied.

3.3 Any change to the agreed scope of work is a variation. A variation may include extra work you request, concealed or unforeseen site conditions, and work required to comply with electrical safety law or the Australian Standards. We will give you a price (or estimate) for a variation before carrying it out, wherever practicable. By agreeing (including by email, text message or verbally) or by allowing the varied work to continue, you accept the variation and its price.

3.4 Where urgent work is needed to make a situation safe, we may carry out that work without prior written approval and charge you for it at our usual rates.

4. Payment

4.1 Deposits. We may require a deposit before ordering materials or starting work, which will be set out in our quote. Deposits are applied to your final invoice.

4.2 Progress payments. For larger or longer jobs, we may issue progress invoices at agreed stages or intervals.

4.3 Payment terms. Unless stated otherwise in our quote or invoice, you must pay each invoice in full within 7 days of the invoice date, without set-off or deduction. Small jobs and call-outs are payable on completion.

4.4 Payment methods. We accept payment by bank transfer, and by other methods we notify you of. Card payments may incur a surcharge, which we will disclose before you pay.

4.5 Late payment. If you do not pay an invoice by its due date, we may:

• charge interest on the overdue amount at 10% per annum, calculated daily from the due date until payment (or at any other rate applicable under law);
• suspend work, withhold certificates and paperwork, or remove or refuse to supply materials until the overdue amount is paid; and
• recover from you the reasonable costs of collecting the debt, including debt collection agency fees and legal costs (on a solicitor and own client basis, to the extent the law permits).

4.6 Security of Payment. Where the Building Industry Fairness (Security of Payment) Act 2017 (Qld) applies to the work, nothing in these Terms limits your or our rights under that Act. Any payment claim we issue may be made under that Act.

4.7 Disputed invoices. If you dispute an invoice, you must tell us in writing within 7 days of receiving it, giving your reasons, and you must pay any undisputed part by the due date.

5. Your responsibilities

5.1 You must give us safe, clear and timely access to the site, including a clear working area, the switchboard and any areas where we need to work. If we are delayed or must return because access was not provided, we may charge for wasted time and additional visits.

5.2 You must tell us before work starts about anything that may affect the work or safety, including asbestos or other hazardous materials, pest or vermin activity, hidden services (pipes, cables, drains), structural issues, existing faults, and any known occupant health or safety issues.

5.3 You must obtain any approvals, body corporate or landlord consents, or owner authorisations needed for the work. If you are not the property owner, you confirm you have the owner's authority to engage us and agree to these Terms.

5.4 You are responsible for backing up data and resetting clocks, timers, computers and other equipment affected by a power outage, and for protecting valuables, furniture and fragile items in the work area.

5.5 You acknowledge that power may need to be switched off during the work. Where practicable we will tell you in advance, but you must make appropriate arrangements for sensitive equipment, medical devices, refrigeration, security and alarm systems.

6. Safety, compliance and site conditions

6.1 All work will be carried out by or under the supervision of a licensed electrical worker, in accordance with the Electrical Safety Act 2002 (Qld), the Electrical Safety Regulation 2013 (Qld), the Australian/New Zealand Wiring Rules (AS/NZS 3000) and other applicable standards and requirements of the local network operator.

6.2 If we find that existing electrical work or equipment is unsafe or does not comply with the law or applicable standards, we may stop work, advise you in writing, and recommend rectification. You will be responsible for the cost of rectification, and we are not liable for loss arising from your decision not to proceed with recommended safety work.

6.3 We may refuse to start or continue work if conditions are unsafe, including the presence of asbestos, unsafe access, unsafe working conditions, threatening behaviour or inadequate protection from other hazards. Reasonable costs incurred (including time spent on site) remain payable.

6.4 We will provide any test, compliance or safety certificates and notices required under electrical safety law once the relevant work is complete and, where requested, once payment has been received.

6.5 We are not responsible for delays or additional charges caused by network operators, inspectors, regulators or approval processes outside our control.

7. Materials and ownership

7.1 We may supply materials, equipment and fittings as part of the Services, and will take reasonable care in selecting them. Where you supply materials or specify a product, we are not responsible for their quality, suitability or compliance, and we may decline to install them. Any extra time spent dealing with Customer-supplied items may be charged.

7.2 Retention of title. Ownership of materials and goods we supply stays with us until you have paid for them in full. Until then, you must keep them safe and insured, and must not sell or encumber them. If you fail to pay, you authorise us to enter the premises, within reason, to recover them, subject to any rights you have under law.

7.3 PPSA. You agree that these Terms create a security interest in the goods we supply in our favour for the purposes of the Personal Property Securities Act 2009 (Cth), and that we may register that interest on the Personal Property Securities Register. You waive your rights to receive a verification statement to the extent permitted by law.

7.4 Risk in the goods passes to you on delivery or installation, whichever is earlier.

8. Warranty and Australian Consumer Law

8.1 Our Services come with guarantees under the Australian Consumer Law that cannot be excluded, including that Services will be provided with due care and skill, will be fit for any purpose you have made known to us, and will achieve any result you have specified, where reasonable.

8.2 In addition, we warrant our workmanship for 12 months from the date the work is completed. During that time, we will, at our option and at no cost to you, fix any defect in our workmanship, provided you notify us in writing within a reasonable time after discovering it and give us access to inspect and repair it.

8.3 This warranty does not apply to defects or faults caused by:

• fair wear and tear, misuse, neglect, accident or negligence;
• modifications, repairs or interference by anyone other than us;
• power surges, lightning, storms, floods, vermin or other events outside our control;
• products or materials supplied by you; or
• failure to follow our instructions, or to maintain equipment (for example, not testing safety switches regularly).

8.4 Manufacturer's warranties on goods we supply (such as lights, switchboard components or appliances) are given by the manufacturer. We will assist you with a warranty claim as reasonably requested. Those warranties are in addition to your rights under the Australian Consumer Law.

8.5 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

9. Limitation of liability

9.1 To the extent permitted by law, and subject to clause 1.5, we are not liable for any indirect or consequential loss, loss of profit, loss of data, loss of business or opportunity, or loss caused by power interruption.

9.2 To the extent permitted by law, where the Services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for a breach of a non-excludable guarantee is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied.

9.3 Subject to clause 9.1 and to any liability that cannot lawfully be limited, our total liability to you for any claim arising out of the Services is limited to the amount we have been paid for the relevant Services.

9.4 Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud.

9.5 We hold public liability insurance appropriate for our work. A certificate of currency is available on request.

10. Cancellation and delays

10.1 If you cancel or postpone a booked job without giving us at least 24 hours' notice, we may charge a reasonable cancellation fee to cover lost time and costs.

10.2 If you cancel after work has started or after materials have been ordered, you must pay for all work done to the date of cancellation, any materials ordered or supplied (including non-returnable and special-order items), and reasonable costs we incur because of the cancellation.

10.3 Estimated start and completion dates are estimates only. We are not liable for delays caused by weather, supplier or stock delays, illness, site access problems, other trades, network operator delays, or any event outside our reasonable control.

10.4 If you are a consumer with a right to cancel or a cooling-off period under the law (for example, certain contracts negotiated at your home or by phone), nothing in these Terms removes that right.

11. Termination

11.1 Either party may end the agreement by written notice if the other party commits a serious breach and does not fix it within 7 days of being notified in writing.

11.2 We may end the agreement immediately by written notice if you become insolvent or bankrupt, you do not pay an invoice when due, or the site is not safe for us to continue working.

11.3 If the agreement ends, you must pay for all Services provided and materials supplied up to the date of termination.

12. Force majeure

We are not in breach of these Terms and are not liable for any failure or delay in performing our obligations (other than an obligation to pay money) caused by events beyond our reasonable control, including natural disaster, flood, fire, severe weather, pandemic, industrial action, power network failure, or supply chain disruption.

13. Privacy

We collect and use your personal information in accordance with our Privacy Policy, available on our website at alexandercelectrical.com.au. By engaging us, you consent to us collecting, using and disclosing your information as set out in that policy, including passing necessary details to the network operator and regulators for compliance purposes.

14. Photographs and records

We may take photographs or records of the work for quality, safety, compliance, insurance and warranty purposes. We will not publish images that identify you or your property without your consent.

15. Complaints and dispute resolution

15.1 If you have a concern about our Services, please contact us in writing as soon as possible, giving details. We will acknowledge your complaint and try to resolve it promptly and fairly.

15.2 If we cannot resolve the dispute between us, the parties agree to attempt in good faith to resolve it by negotiation and, if necessary, mediation, before starting formal proceedings (except where urgent relief is required).

15.3 You may also contact the Electrical Safety Office Queensland about electrical safety concerns, the Queensland Office of Fair Trading about consumer issues, or seek advice from the Queensland Civil and Administrative Tribunal (QCAT) where applicable.

16. General

16.1 Entire agreement. These Terms, the quote and any written variations are the entire agreement between us for the Services and replace any earlier discussions or understandings.

16.2 Changes to these Terms. We may update these Terms from time to time. The version current at the date of your quote or booking applies to that job.

16.3 Severability. If any provision of these Terms is found to be unenforceable, it will be read down or severed to the extent necessary, and the rest of these Terms will continue to apply.

16.4 No waiver. A failure or delay by us to exercise a right is not a waiver of that right.

16.5 Assignment and subcontracting. You may not assign your rights under these Terms without our written consent. We may engage subcontractors or other licensed tradespeople to carry out parts of the work, and remain responsible for their work under these Terms.

16.6 Notices. Notices may be given in writing by email, text message, post or hand delivery to the contact details given by each party.

16.7 Electronic acceptance. Our quotes, invoices and these Terms may be accepted and signed electronically, and an email, text message or online acceptance is valid and binding.

16.8 Governing law. These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

17. Customer acceptance

By accepting our quote, instructing us to start work, or paying a deposit or invoice, you confirm that you have read, understood and agree to these Terms.

Customer name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Alexander C Electrical Owner: Alexander Flodine 655 Glenusk Rd, Blackall QLD 4472 Email: service@alexandercelectrical.com.au Phone: 0495 054 472 ABN 46 772 823 354 | Electrical Licence No. 92749