Our terms are fair and equitable. When you go with us, we keep the customer’s interest in mind.
- PREAMBLE
1.1 Ultra Power Electrical 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 Business 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 Supplier.
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 Supplier.
1.5 By using Ultra Power Electrical 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 Supplier.
2. DEFINITIONS
2.1 “Customer” means the individual or company or person signing on behalf of an individual or company who has requested the services from the Supplier in accordance with any proposal, quotation, order, invoice, or any other document acknowledged by the Supplier. If there is more than one Customer, they act jointly and only one Customer authority/signature is required. The customer warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.
2.2 “Defective” work means a product or installation that shows no sign of malicious damage and is genuinely not fit for purpose.
2.3 “Goods” means any material or parts owned by the Supplier until the Customer has paid for them. Goods may also be referred to more specifically in the quote or invoice or any other document provided by the Supplier.
2.4 “Service” means all the work performed by the Supplier to the Customer at the Customers request.
2.5 “Site” means the Customers nominated address where the Service is to be provided.
2.6 “Supplier” means Ultra Power Electrical (95 301 768 737) T/A ULTRA POWER ELECTRICAL (Lic No. 278505c) and all its representatives, sub-Suppliers and employees.
2.7 “Deposit” means the customer of services supplied by the supplier as detailed in the authorisation.
3. ACCEPTANCE
3.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, subject to these terms and conditions once any order is placed for the product/s or services, approves/signs any quote by writing, pays a deposit and continues to provide instructions and or accepts the product/s or Works, including the terms of any other document owned by the Supplier once the Customer engages the Supplier for any works.
3.2 These terms will apply to the supply of services despite any conflicting terms proposed by the customer unless waived in writing by the Supplier.
4. GOVERNING LAW
4.1 All services being provided shall be governed and construed in accordance with the Law of New South Wales and the Commonwealth of Australia.
5. PRICE
5.1 The Supplier provides quotes and invoices to the Customer detailing the type of Service and product the Customer has requested.
5.2 Each quote/invoice carries an automated fee.
5.3 The specifications and descriptions contained in the quote merely represent a general idea of the Service and the Supplier 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 Services, they are bound by the price and payment terms of the quote/invoice.
5.5 Any materials for the Service will not be ordered until either a part payment or deposit is made when applicable.
5.6 Any Services performed after working hours would be subject to higher rates.
5.7 Subject to any further changes to the Service the Customer has requested, the initial quote/invoice price will change, making the initial quote/invoice invalid.
5.8 Any changes the Customer requests to the work may carry a variation fee.
5.9 Cancellation of orders for products made to the Customers specifications, or for non-stockist items, will not be accepted once work has commenced or an order has been placed.
5.10 The Supplier reserves the right to change the price to the quote or invoice with notice.
5.11The Customer does not have the right to withhold any payment or set off against any invoice owed or claimed to be owed to the Customer by the Supplier.
5.12 The Customer will not be charged until the job is completed unless a payment plan is applicable, however, if the Supplier has commenced their journey to the site and the Customer cancels the job, then they may be charged a cancellation fee subject to the Suppliers discretion.
5.13 The quotation set out to the Customer is automatically revoked 30 days after it is issued or earlier if it is expressly stated.
6. INVOICE
6.1 Unless otherwise agreed between the Customer and Supplier, a minimum of 10% deposit is required in order for the Supplier to order the material and confirm the installation. The deposit is non-refundable once the cooling-off period has expired (if the cooling-off period applies).
6.2 In the event that the Customer does not pay, the Supplier reserves the right to retrieve all materials and products that have been used to carry out the work.
6.3 In the event that the Customer does not comply with clauses 6.1, 6.2 and 6.7 the Supplier reserves the right to commence legal/debt recovery action and the Customer will pay all reasonable collection expenses, legal costs and any other reasonable expenses incurred by the Supplier in connection with the non-payment.
6.4 The Customer agrees to pay an additional amount to the price, where a card/wireless payment is used facilitated by the Suppliers machine.
6.5 A deposit may be requested from the Customer at any time for any job.
6.6 A deposit payment is required prior to work commencing.
6.7 When a Customer requests the Service, the invoice is cash on delivery and the Customer is required to pay the Supplier prior to them leaving the site unless otherwise agreed by the Supplier that payment can be made within a timeframe made explicit in the invoice, generally under ‘due date’ section.
6.8 Part payments are specified as per the quote.
6.9 If the Customer owes the Supplier any money, the Customer shall indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in recovering the debt (including but not limited to administration fees, bank fees, collection agency costs and legal costs).
6.10 Without prejudice to any other remedies the Supplier may have if at any time the Customer is in breach of any obligation under these terms and conditions the Supplier may suspend or terminate the supply of works to the Customer.
6.11Discount coupons may apply at the Suppliers discretion.
6.12 A maximum of one discount per Customer per invoice is permitted unless otherwise accepted and approved by the Supplier that more than one is permitted.
6.13 The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
6.14 The Supplier will charge the customer monthly interest on the portion of the Customer’s overdue payments from time to time at the annual percentage rate of 5% per annum from the date on which the default arose and or charge an administrative fee equal to an amount or up to or equivalent to 5% of the amount of credit provided by the Supplier to the Customer.
7. QUALITY OF WORK
7.1 All work carried out by the Supplier will comply with the Building Code of Australia to the extent required.
7.2 All work carried out by the Supplier 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 Supplier will comply with the conditions of any relevant development consent or development certificate to the extent required.
7.4 It is the Customers duty to provide the Supplier with a copy of the conditions of any relevant development consent or development certificates before the commencement of works.
7.5 The Supplier will carry out the works as agreed upon between the Supplier and Customer.
7.6 The Supplier 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 Supplier ensures that the materials used are as provided by the manufacturer and carry a warranty. The duration of the warranty depends on the material and may only be a manufacturer warranty.
7.8 The Supplier does not cover any damage or loss incurred as a result of a defective part.
7.9 The Supplier and Customer must take all reasonable steps to minimise any delay in work.
8. DELIVERY OF GOODS
8.1 Delivery of Goods is taken to occur at the time the Customer takes possession of the Goods at the site.
8.2 The time given for the delivery of goods is given by a third party and is an estimate only and the Supplier is not liable for any consequences as a result of the delay.
8.3 The cost of delivery is an additional price and the Customer wears the cost unless otherwise agreed with the Customer and Supplier.
9. LOCATION OF GOODS
9.1 The customer will advise the Supplier where they would like the Goods to be located.
9.2 If the location nominated by the customer is deemed unsuitable by the Supplier, the Supplier will endeavour to place the Goods in the most suitable place as requested by the customer and as applicable to any relevant legislation.
9.3 The Customer will sign a document confirming they agree to the location of the Goods prior to the instalment or agree orally or accept the location by way of implication.
9.4 If the Customer is not happy with the location of the Goods and requests for the Supplier to change the location, the Customer will incur additional costs.
10. RISK
10.1 Where the Customer has supplied materials for the Supplier to complete the work, the Customer acknowledges that they accept responsibility for the suitability of purpose, quality and any fault inherent in the materials.
10.2 Where a supplied part has been installed and is considered dead on arrival or defective the Customer is to pay the invoice in full and the faulty part will be replaced as soon as reasonably possible in accordance with the warranty period.
10.3 The Supplier shall not be responsible for any defects in the works or any loss or damage to the materials whatsoever arising from the use of materials supplied by the Customer.
11. SITE CONDITIONS
11.1 If the Supplier encounters additional work that is required, the Supplier will notify the Customer of the works with the additional price.
11.2 The customer needs to confirm if they agree to the additional Service which may be suggested by the Supplier.
11.3 The price that comes with the additional Service suggested will be provided either on the spot by the Supplier or in a quote or invoice within a reasonable amount of time.
11.4 The Customer should notify the Supplier at the earliest convenience whether they want the additional work to go ahead.
11.5 Should the Customer choose to go ahead with the Service, they accept the price quoted and are required to pay in accordance with the Payment Terms of the quote or as directed by the Supplier.
11.6 If the Supplier is unable to attend the site on the scheduled day, the Supplier will with best endeavours attempt to reschedule the appointment for the next available date.
12. ACCESS
12.1 The Customer must provide access to the site in order for the Supplier to carry out the work.
12.2 If the Supplier arrives at the site and access is unavailable, additional charges may apply.
12.3 If it is likely to impede on the work to be undertaken or as requested by the Supplier, the Customer must remove any unfixed property from the vicinity of where the work is to be undertaken.
13. CLEAN UP
13.1 Once work has been finalised, the Supplier will remove all rubbish and material relating to the work.
13.2 Any parts supplied by the Customer; the associated rubbish will not be removed by the Supplier. This is to be removed by the Customer.
13.3 Any leftover or displace material is the property of the Supplier.
14. DAMAGE TO PROPERTY
14.1 In any case where the Customers property is damaged by the Supplier, as a result of negligence by the Supplier, due to the work being undertaken according to the specifics outlined in the quote or invoice, the Supplier must make good of the loss or damage.
14.2 The Supplier is not required to make good of any loss or damage where the loss or damage is caused by the Customers negligence, where partial damage already exists and the site is further damaged due to the Supplier working or where the Customer has failed to take reasonable steps to minimise the risk or damage.
15. OWNERSHIP OF PROPERTY
15.1 Ownership of all materials and products will not pass onto the Customer until the Supplier has received payment in full together with any other charges or additional work charges the Customer is required to pay.
15.2 Receipt by the Supplier 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.
15.3 In a situation where work has commenced by the Supplier and the contract has been terminated, the material and products used thus far shall remain the property of the Supplier.
15.4 It is the Customers responsibility to take reasonable care of the products and materials until the Supplier has retrieved the products and materials from the site.
15.5 The Supplier reserves the ownership of all its physical and intellectual property.
16. WARRANTY
16.1 The Supplier provides a 3-month labour warranty in relation to any defective work that has been carried out and invoiced.
16.2 Warranty applies only once the invoice is paid and or the labour warranty is made explicit.
16.3 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.
16.4 If a Customer has supplied the product the Supplier maintains no legal liability and the responsibility will remain with the Customer and the manufacturer and its associated warranty.
16.5 Any request by the Customer for rectification of materials supplied by the Customer will incur charges for labour and associated costs.
16.6 In accordance with the Australian Consumer Law, in the event of major failures with the service, the Customer is entitled to cancel the contract and to be refunded for the unused portion or to compensation for its reduced value.
16.7 If the failure does not amount to a major failure, the Customer is entitled to have the Service rectified in a reasonable time or to cancel the contract and obtain a refund for the unused portion of the contract.
16.8 Warranty will not apply if the defect or damage is caused by the Customer if the product is used in a different way than intended or as instructed by the Supplier, if the Customer allows someone other than a licensed professional to deal with the product or the Customer themselves and if the product fails due to fair wear and tear or an accident or act of God.
16.9 The Supplier does not exclude or limit the application of any provision of any statute (including the Competition and Consumer Act 2010(Cth)) where to do so would contravene that statute or cause any part of these Terms to be void.
16.10 Subject to any statutory provisions to the contrary, if after completion of the Services the Customer considers that the Services are not in accordance with the Authorisation or defective in any way, the Customer must give the Supplier written notice together with reasons within seven days of completion of the Services, and unless such notice is given, the Services shall be deemed to comply with the Invoice in all respects.
16.11 Upon receipt of a notice in accordance with clause 16.10 and subject to the Supplier being satisfied (acting reasonably) that the Services do not comply with the Invoice or are defective, the Supplier in its absolute discretion may elect to either: re-supply the non-conforming or defective Services or; provide the Customer with a refund or credit in respect of the non-conforming or defective Services.
17. CERTIFICATES
17.1 Where required, the Supplier will issue a compliance certificate to the Customer, only once full payment of the work has been received.
17.2 The Supplier will not issue compliance certificates for Services not performed by the Supplier.
18. DISPUTE
18.1 In a case where the Supplier 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.
19. TERMINATION OF CONTRACT
19.1 In the event that a Customer decides to terminate the contract, the Customer is required to pay for all Services the Supplier has provided thus far.
19.2 The Customer is required to give notice to the Supplier as early as possible of the termination of the contract in writing.
19.3 In the event that the Supplier 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 Supplier to respond within 10 days.
19.4 The Supplier may terminate the contract at any given time if the Customer has not complied with these Terms and Conditions, including the Payment Terms or if they have not acted fairly or reasonably.
20. INSURANCE
20.1 The Supplier 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
21. LICENSE
21.1 The Supplier must carry a valid electrical license unless the Suppliers employees are an apprentice, trades assistant or work experience students.
21.2 The Customer can request to view the Suppliers license at any time.
22. PRIVACY
22.1 When a Customer enters a contract with the Supplier, the Supplier collects the personal information in order to carry out the work requested and collect payment.
22.2 The Supplier may share the personal information to its employees and/or sub-Suppliers that assist in the work being carried out.
22.3 The Supplier ensures it acts accordingly to the Privacy Act 1988 (Cth).
22.4 The Customer undertakes the duty not to disclose personal, confidential and sensitive information of the Supplier to any person without the written consent of the Supplier.
22.5 The Customer agrees for the Supplier to obtain from a credit-reporting agency a credit report containing personal credit information about the Customer in relation to credit provided by the Supplier.
22.6 The Customer agrees that the Supplier 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:
22.6.1 to assess an application by the Customer; and/or
22.6.2 to notify other credit providers of a default by the Customer; and/or
22.6.3 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
22.6.4 to assess the creditworthiness of the Customer.
22.7 The information given to the credit reporting agency may include:
22.7.1 personal particulars (the Customers name, sex, address, previous addresses, date of birth, name of employer and driver’s license number);
22.7.2 details concerning the Customers application for credit or commercial credit and the amount requested;
22.7.3 advice that the Supplier is a current credit provider to the Customer;
22.7.4 advice of any overdue accounts, loan repayments, and/or any outstanding monies owing that are overdue by more than sixty (60) days, and for which debt collection action has been started;
22.7.5 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;
22.7.6 information that, in the opinion of the Supplier, the Customer has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Customers credit obligations);
22.7.7 advice that cheques drawn by the Customer for one hundred dollars ($100) or more have been dishonoured more than once;
22.8 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.
23. INDEMNITY
23.1 The Customer indemnifies the Supplier against any third-party claim for indirect or consequential loss or damage, however caused, including through a negligent act or omission of the Supplier. This can include loss of data, loss of revenue, loss of profit or any other indirect costs.
23.2 The Customer indemnifies the Supplier against any liability to any person for loss or damage whether direct or indirect, caused or contributed to by the Customer.
24. LIMITATIONS OF LIABILITY
24.1 The Suppliers total liability is limited under this contract for breach of conditions or warranties, to resupply of the work or paying for its resupply.
24.2 The Suppliers 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 24.1.
24.3 The contract may limit the liability of the Supplier for failure to comply with clauses 7.1, 7.2 and 7.3 if the failure relates to a design or specification prepared by the Customer, or a design or specification required by the Customer if the Supplier has advised the Customer that the design or specification contravenes clause 7.1, 7.2 and 7.3.
24.4 In the case where clause 24.3 applies, the Suppliers liability is limited to $1.00.
24.5 The Supplier is not liable for any delay of works commencing.
25. GENERAL
25.1 Ultra Power Electrical will not be liable for failure to perform if events beyond the control of the Supplier arise. These events include, but are not limited not, acts of God, Government action, war, fire, flood, epidemics, crime, terrorism, or another event beyond reasonable control of the Supplier.
25.2 Our workmanship guarantee only includes work carried out by our technicians and does not include products or parts supplied. Product warranties apply as per information provided by the manufacturer/supplier
25.2.1 Our workmanship guarantee does not include faults beyond our control, including but not limited to faults caused by client misuse or negligence or pre-existing conditions or work not included/completed in original services done/invoiced by the company
25.2.2 The workmanship warranty will be honoured upon presentation of the tax invoice/receipt or any other reasonable proof of purchase or supply by us.
25.2.3 If a client has a claim of any kind, they will need to contact the Supplier as soon as they become aware of it.
