Terms & Conditions
Acceptance of Terms and Conditions
These terms and conditions apply to all tenders and quotations submitted by, all orders placed with, and all contracts entered into with The Company where materials and/or services are supplied by or on behalf of The Company. It is deemed that the customer has entered into a contract with The Company upon verbal or written advice received from the customer and / or commencement of works by The Company.
The Company reserves all rights of the contract and reserves the right to modify these Terms and Conditions at any time.
Payment
All payments should be received by the DUE DATE stated on the front of the invoice. All Jobs over the final sum of $1000 (One Thousand dollars) require a 30% payment up front prior to scheduling the work in. The Company implements the right to separately invoice an extra $5.50 (inclusive of GST) per day original invoice is overdue. In the event of an account becoming overdue, The Company implements the right to charge in addition to any daily fees a $275.00 administration fee per invoice (inclusive of GST) to recover debt owed to The Company in addition to any other legal costs. Dishonored cheques will incur an administration fee of $40.00.
Once work has commenced and the customer changes their mind, the work that has been carried out by The Company and or the contractor of The Company thus far, requires the customer to pay. The payment includes the materials and products used and all associated labour charges.
The customer agrees to pay the additional amount to the price, which is the goods and services tax (GST) as required by the government.
Title
The Company holds the title of all installed materials until amount of the invoice is paid in full.
Security of Materials
The customer (or customer’s representative) is responsible for the security of all materials installed or left on site. The customer (or customer’s representative) is responsible for bearing the cost of replacing any stolen materials and bearing all extra labour costs incurred for installing replacement materials to replace materials stolen from the installation.
Ground works
Where The Company undertakes excavation work, the owner (or customer) is responsible for the location and identification of all underground services (e.g. phone lines, water pipes, storm water pipes, electricity cables, gas pipes, sewerage lines etc). The owner (or customer) is responsible for repairing any underground services whose route is not clearly and accurately identified in writing in the form of a site plan to The Company. The customer may incur extra charges where a contract includes trenching, but solid rock is encountered during excavations.
Remedial Action
Should a situation arise where work performed by The Company requires to be remedied under warranty or by way of defect, The Company will not be responsible for costs incurred by third party contractors to complete the work, when The Company has not been notified and given the first opportunity to arrange remedial work in a period of 7 days.
Proof of Capacity
At any time during the course of works being completed or during the course of a contract being in effect, The Company will hold the right to request proof of the customer’s capacity to pay the amount of the agreed price of the contract or the estimated value of the work being completed. If the customer is unable to provide proof of capacity to pay the amount within 5 days of the request in the form of a bank statement, or letter from bank manager then any work in progress will cease and an invoice will be issued by The Company for the work already completed and this invoice will be payable immediately. If proof of payment capacity is not proven, then any contract becomes void after payment is received for work already completed and goods supplied.
General
The Company will not be held responsible in any way for any incurred costs to the customer or any other third party from any source as a result of delays incurred by The Company from weather, staffing, supply of materials, or any other delays that may arise. In the unusual event of a delay, The Company will notify the customer in a bid to arrive at a solution.
Liability to Damages
The Company will not be held liable in anyway for damages or the costs associated to those damages caused to any part or appliance of the customers belongings or premises or produce or to the customer themselves, through failure of a part supplied by The Company, negligence or in any other form or action. The Company will not be held liable for damages caused by any act or omission and resulting consequential losses.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Entire Agreement
The above Terms and Conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Company. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of The Company.
Property Inspection Reports
Both residential and commercial Inspection reports.
The property reports provided to the customer from The Company are designed to help highlight issues within the premises that are reasonable to believe may exist. The customer will not hold The Company accountable for any missed issues or safety hazards that are in unreachable places such as corners of roof spaces and inside cavity walls or joints that may be located in side and plastered over wall boxes. The Company will take all due care and consider all reasonable issues that may exist and will action these while carrying out the inspection. These reports are not to be used, viewed or considered as installation safety certificates, as they do not contain the high level of testing required to for fill those test certificates. The Property Inspection reports are designed to highlight safety concerns that the homeowner can resolve and may not have been aware of. If the Home owner requires an installation safety certificate they must request one and a different form and series of tests will be conducted to establish if the physical wiring installation and its electrical properties are to current regulatory requirements as of this year – this type of testing will be charged out at a different price to Property Inspection Reports.
Definitions:
The Company:
Lumos Electrical Pty Ltd