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Service Terms and Conditions
These terms and conditions together with any Quote as defined in clause 3.1 set out this agreement under which Nexus Electrical Co. (ABN 91 636 458 501) provides goods and services to you or the company you represent the Customer.
1. How to read this Agreement
Capitalised words and phrases used in these Terms have the meaning given:
1. by the words immediately preceding any bolded and bracketed word or phrase, or
2. in the definitions in clause 23.1 of this Agreement
2. Application of this Agreement
2.1 These Terms apply to all dealings with Nexus Electrical Co., including being incorporated in all agreements, quotations or orders under which Nexus Electrical Co. provides services to the Customer each a Quote.
2.2 The Customer will be taken to have accepted these Terms if the Customer signs these Terms or otherwise indicates assent in writing or verbally, or if the Customer orders, accepts or pays for any services after receiving or becoming aware of these Terms.
2.3 This Agreement commences once these Terms have been accepted under clause 2.2 and expires in accordance with the Quote and this Agreement.
2.4 If there is any inconsistency between these Terms and a Quote, these Terms prevail to the extent of the inconsistency, except that any Special Conditions described as such in a Quote will prevail over these Terms to the extent of any inconsistency.
2.5 The Customer is responsible for confirming that the Quote accurately specifies if applicable the quantity and specifications of the goods and services required and the agreed fees.
3. Supply of goods and services
3.1 In consideration for payment of the fees set out in the Quote Fees, Nexus Electrical Co. will provide the services set out in the Quote Services and or goods set out in the Quote Goods in accordance with these Terms.
3.2 Where the context permits the terms Goods and Services are interchangeable.
3.3 A Quote is valid for the validity period set out in the Quote or if none for 30 days. A Quote is an invitation to treat and is not binding on Nexus Electrical Co. until accepted. Quotes are subject to price changes including parts price fluctuations and other unforeseeable costs.
3.4 A Quote becomes binding on Nexus Electrical Co. upon written acceptance by Nexus Electrical Co. or when supply commences, whichever occurs first. Nexus Electrical Co. may accept or reject any Quote in whole or part.
3.5 Once a Quote is accepted, the Customer is committed to purchase the Goods and or Services and cannot cancel except as expressly permitted by this Agreement.
3.6 Nexus Electrical Co. will commence work from the date set out in the Quote, or agreed with the Customer, or when the Customer pays the Fees or part thereof.
3.7 Supply remains subject to availability. If Nexus Electrical Co. is unable to proceed, it may cancel the order and refund amounts paid for the Quote. This is the Customer’s only remedy in these circumstances.
4. Fees and payment
4.1 Fees Nexus Electrical Co. will provide tax invoices for all amounts payable at the times specified in the Quote. The Customer must pay the Fees at the times specified in the tax invoice.
4.2 Time for payment Unless otherwise agreed, the Customer must pay any deposit prior to commencement and the balance on completion of the Goods and or Services.
4.3 Payment method The Customer must pay in accordance with the payment method specified in the Quote.
4.4 Fee variations Nexus Electrical Co. may vary pricing where a standard rate increases, the nature of the work changes, or supplier costs vary. Any amended price applies immediately and Nexus Electrical Co. will invoice the difference which must be paid under the stated terms.
4.5 No refunds To the maximum extent permitted under the Competition and Consumer Act 2010 Cth any Fees paid under this Agreement including deposits are non refundable.
4.6 GST Unless indicated, amounts stated in a Quote exclude GST. The Customer must pay GST on any taxable supply subject to receipt of a valid tax invoice.
4.7 Late payments If an amount is unpaid when due, the Customer must pay interest at 10 percent per annum accruing daily until paid in full. Nexus Electrical Co. may suspend Services, refer the amount to debt collection, and the Customer must reimburse all recovery costs including legal costs on a solicitor and own client basis.
4.8 Card surcharges Nexus Electrical Co. may charge credit or debit card surcharges.
4.9 Materials Where Nexus Electrical Co. orders materials on behalf of the Customer, the Customer is liable for those costs. Refunds are only provided if agreed in writing. If additional materials are required the Customer will be liable for those costs except where caused by the negligent act or omission of Nexus Electrical Co.
4.10 Promotional offers All promotional pricing and special offers may change or be withdrawn at any time without notice. Final pricing is contingent on standard installation requirements unless otherwise stated. Offers cannot be used with any other promotion or discount unless explicitly noted. Nexus Electrical Co. may verify eligibility and refuse any offer that appears to be misused.
5. Provision of Services and Goods
5.1 Provision will take place under any delivery schedule in the Quote or as otherwise agreed.
5.2 Delivery or completion dates are estimates only. Nexus Electrical Co. will endeavour to meet estimates but will not be liable for delay.
5.3 The Customer must pay delivery costs if applicable and take receipt when tendered for delivery.
5.4 If Goods are left on site and are stolen or damaged before handover, the Customer must still pay for the Goods and for any replacements.
5.5 The Services may occasion minor damage to the premises. Nexus Electrical Co. will use best endeavours to repair minor damage but is not liable for minor damage or for damage arising from pre existing conditions.
5.6 Where the Customer incurs repair costs during the Services, Nexus Electrical Co. is not liable unless it has agreed in writing to remedy such damage in advance.
6. Amendments to scope
6.1 The scope is as specified in the Quote.
6.2 Customer requested amendments may be accepted or rejected at Nexus Electrical Co.’s discretion. If accepted, Nexus Electrical Co. will issue a variation quote and invoice for any additional fees.
6.3 If additional Goods or Services are required, Nexus Electrical Co. will make reasonable attempts to contact the Customer and may pause work until instructions are provided.
6.4 The Customer is liable for payment of any additional Goods or Services outside the original scope.
7. Customer obligations
7.1 Provide information
The Customer must provide all documentation, information and assistance reasonably required, including identifying services above and below ground at the premises such as water, sewerage, drainage, power and communications, and providing dial before you dig or similar reports where applicable.
7.2 Premises
The Customer grants an irrevocable licence to Nexus Electrical Co. and its personnel to occupy and pass through the premises as required to perform the Services. The Customer must ensure clear access, compliance with Work Health and Safety laws, and obtain any required authorisations including strata approvals. The Customer warrants that all information provided is current and accurate.
8. Customer supplied goods
If the Services require use of materials or goods supplied by the Customer, the Customer accepts the risk of defects in those items. Nexus Electrical Co. is not required to investigate suitability or fitness for purpose and may charge additional fees to correct defects in Customer supplied items
9. Installation services
Nexus Electrical Co. will take reasonable precautions but is not liable for the structural integrity of the premises, the ability of the premises to carry the weight of installed goods, any effect installation has on the premises, or any damage to walls, floors, ceilings, appliances or other items that is not directly due to negligence or breach.
10. Third party goods and services
Where the Services require Nexus Electrical Co. to acquire goods or services from a third party on behalf of the Customer, the Customer agrees to any applicable third party terms including no refund policies.
11. Subcontracting
Where the Services require Nexus Electrical Co. to acquire goods or services from a third party on behalf of the Customer, the Customer agrees to any applicable third party terms including no refund policies.
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