Positive Vibes Electrical Terms of Trade

Terms of Service

These Terms of Service apply to all transactions between the Customer and Positive Vibes Electrical (the "Company") related to the provision of electrical services ("Services"), including all quotations, contracts, and variations. These Terms supersede any other terms contained in the Customer's documents or elsewhere. Amendments to these Terms are only effective if agreed upon in writing by both parties.

Quotes and Estimates

The Company may provide the Customer with a quote, which is valid for 30 days from the date of issue. Quotes are subject to an automated fee, which may be waived at the Company's discretion if the Customer accepts the quote. Quotes are based on the cost of materials available at the time of preparation and assume timely supply of necessary materials and instructions by the Customer. The Company reserves the right to make changes to the materials specified in the quote, provided they do not affect the purpose of the product or service. The Company is not obligated to commence work until the Customer accepts the quote.

Variations

The Customer may request variations to the quote verbally or in writing. If the Customer requests variations after quote preparation or order placement, the Company may revise the quote to include additional charges for extra costs or work. A revised quote supersedes the original quote. The Company is automatically granted an extension of time for providing the Services equal to the delay caused by the variation. Diagnostic fees apply for additional work requested by the Customer. Call-out fees do not apply when the Company is already on-site but may vary for locations outside of Sydney.

Invoicing and Payment

The Company may issue invoices to the Customer prior to commencing Services, at the end of each week before order completion, or for a portion or the entire quote amount. Invoices are payable within 14 days of issue. The Company may withhold further work until overdue amounts are paid in full. The Customer is not entitled to retain any money owed to the Company due to alleged defects or delays in the Services. The Customer is responsible for all costs associated with collecting overdue amounts. For contracts exceeding $20,000, the Customer has a 5-business-day cooling-off period to cancel the contract. If the Customer cancels after work has commenced, they must pay for the work carried out, including materials and labor. Call-out and diagnostic fees apply even if the Customer decides not to proceed with the Services. Credit card security deposits are required for after-hours service work.

Deposit

The Company may request a deposit from the Customer for work amounting to $1,000 or more or when non-standard materials need to be purchased. Deposit payment is required prior to the commencement of work.

Quality of Work

All work carried out by the Company will comply with relevant laws and development consents or certificates. The Customer must provide the Company with a copy of any relevant development consent or certificate conditions before work commences. The Company ensures that materials used are as provided by the manufacturer and carry a warranty, but does not cover damage or loss resulting from defective parts.

Access and Clean Up

The Customer must provide reasonable access to the site for the Company to carry out the work and remove any items from the work area upon request. Additional charges may apply if access is unavailable when the Company arrives on-site. The Company will remove all rubbish and materials related to the work upon completion, and any leftover materials remain the property of the Company unless otherwise agreed.

Damage to Property

The Company will make good any loss or damage to the Customer's property caused by the Company's negligence while carrying out the work according to the agreed-upon specifications. The Company is not responsible for loss or damage caused by the Customer's negligence or failure to minimize risk.

Warranty

The Company provides a 1-year warranty on any defective work provided by the Company. Product warranties are provided by the manufacturer according to their terms. The Company will bear labor costs for electrical issues on products supplied by the Company. Light globes and tubes carry a 6-month warranty period only. Warranty applies only once the invoice is paid in full.

Title and Repossession

Products supplied to the Customer remain the property of the Company until all money owed to the Company by the Customer is fully paid. The Company may repossess products if payment is not made within 14 days of supply or an agreed-upon extended payment period. The Customer grants the Company the right to enter the Customer's premises to recover unpaid products. If the contract is terminated after work has commenced, products used on the job remain the property of the Company until the invoice is paid.

Termination

Either party may terminate the agreement by giving 30 days' written notice. If the Customer terminates the agreement, they must pay for all work performed by the Company up to that point. The Company may terminate the work and agreement at any time.

Disputes

In the event of a dispute, both parties agree to negotiate in good faith to resolve the issue before making complaints to the Department of Fair Trading or taking legal action.

Limitation of Liability

To the fullest extent permitted by law, the Company's liability for breach of any implied term is excluded. Minor deviations or variations in the Products or Services that do not substantially affect the Customer's use will not entitle the Customer to reject the Products or Services or make any claim. The Company is not liable for any loss suffered as a result of the Customer's reliance on advice, recommendations, information, assistance, or services provided by the Company. The Company is not liable for any delay in the commencement of works.

Indemnity

The Customer indemnifies the Company against any third-party claim for indirect or consequential loss or damage caused by the Customer's negligence. The Customer indemnifies the Company against any liability for loss or damage caused or contributed to by the Customer.

Certificates

The Company will issue a compliance certificate to the Customer upon request, only after full payment for the work has been received.

Insurance

The Company must have public liability insurance cover of at least $5,000,000 for third-party deaths, personal injuries, or property damage. The Company must have workers' compensation insurance in accordance with Australian laws.

License

The Company and its employees must carry valid electrical licenses, with the exception of apprentices, trades assistants, or work experience students. The Customer may request to view the Company's license at any time.

Force Majeure

If circumstances beyond the Company's control prevent or hinder the provision of Services, the Company is released from its obligations while those circumstances persist. The Company may elect to terminate the agreement or keep it in force until the circumstances have ceased. Circumstances beyond the Company's control include, but are not limited to, unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, government decrees, proclamations or orders, transport difficulties, and failures or malfunctions of computers or other information technology systems.

Entire Agreement

These Terms of Service, along with any quotes and written variations agreed to by the Company, represent the entire agreement between the parties relating to the subject matter of these terms.

Governing Law

The provision of all Services shall be governed and construed in accordance with the laws of New South Wales and the Commonwealth of Australia.