Service Terms and Conditions

1. How To Read This Agreement

Capitalised words and phrases used in these Terms have the meaning given:

• By the words immediately preceding any bolded and bracketed word or phrase; or
• In the definitions set out 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 all agreements, quotations or orders under which Nexus Electrical Co provides goods or services (each a Quote).

2.2 The Customer is taken to have accepted these Terms if the Customer signs these Terms, indicates assent verbally or in writing, or orders, accepts or pays for any goods or services after receiving or becoming aware of these Terms.

2.3 This Agreement commences once accepted under clause 2.2 and continues in accordance with the relevant Quote and these Terms.

2.4 If there is any inconsistency between these Terms and a Quote, these Terms prevail except where Special Conditions are expressly stated in the Quote.

2.5 The Customer is responsible for ensuring the Quote accurately specifies the quantity, scope and specifications of 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 supply the goods and or services specified in the Quote.

3.2 Where the context permits, references to Goods and Services are interchangeable.

3.3 A Quote is valid for the period specified in the Quote, or 30 days if no period is specified. A Quote is an invitation to treat and is not binding until accepted by Nexus Electrical Co.

3.4 A Quote becomes binding upon written acceptance by Nexus Electrical Co or when supply commences, whichever occurs first. Nexus Electrical Co may accept or reject any Quote.

3.5 Once a Quote is accepted, the Customer is committed to purchase the Goods and or Services and may not cancel except as permitted under this Agreement.

3.6 Nexus Electrical Co will commence work on the agreed date or once payment of any required deposit is received.

3.7 Supply remains subject to availability. If Nexus Electrical Co cannot proceed, it may cancel the order and refund amounts paid. This is the Customer’s sole remedy in such circumstances.

4. Fees And Payment

4.1 Nexus Electrical Co will issue tax invoices for all amounts payable. The Customer must pay in accordance with the payment terms stated.

4.2 Unless otherwise agreed, deposits must be paid prior to commencement and the balance upon completion.

4.3 Payment must be made using the method specified in the Quote or invoice.

4.4 Nexus Electrical Co may vary pricing where supplier costs increase, scope changes, or unforeseen conditions arise. Any variation will be invoiced and payable under the agreed terms.

4.5 To the maximum extent permitted under the Competition and Consumer Act 2010 (Cth), Fees including deposits are non refundable.

4.6 Unless otherwise stated, Fees exclude GST. GST will be charged where applicable.

4.7 Late payments incur interest at 10 percent per annum calculated daily until paid. Nexus Electrical Co may suspend services and recover debt collection and legal costs.

4.8 Credit or debit card surcharges may apply.

4.9 Where materials are ordered on behalf of the Customer, the Customer is liable for those costs. Additional materials required during works are payable by the Customer unless caused by the negligence of Nexus Electrical Co.

4.10 Promotional offers may be withdrawn or amended at any time. Final pricing depends on standard installation requirements unless stated otherwise.

5. Provision Of Services And Goods

5.1 Services will be provided in accordance with any delivery schedule in the Quote or as otherwise agreed.

5.2 Delivery or completion dates are estimates only. Nexus Electrical Co is not liable for delays.

5.3 The Customer must pay any delivery costs and accept delivery when tendered.

5.4 If Goods are left on site and are stolen or damaged prior to handover, the Customer remains liable for payment and replacement costs.

5.5 Services may occasion minor damage to premises. Nexus Electrical Co will use reasonable care but is not liable for minor damage or damage arising from pre existing conditions.

5.6 Nexus Electrical Co is not liable for repair costs incurred by the Customer unless agreed in writing in advance.

6. Amendments to Scope

6.1 Scope is limited to what is specified in the Quote.

6.2 Customer requested variations may be accepted at Nexus Electrical Co’s discretion. If accepted, a variation quote will be issued.

6.3 If additional Goods or Services are required, Nexus Electrical Co may pause works until instructions are received.

6.4 The Customer is liable for payment of any additional work outside the original scope.

7. Customer Obligations

7.1 Information

The Customer must provide all relevant documentation and information required to perform the Services, including identifying above and below ground services such as water, sewerage, drainage, power and communications. Dial before you dig or equivalent reports must be provided where required.

7.2 Premises

The Customer grants Nexus Electrical Co and its personnel access to the premises to perform the Services.

The Customer must:

• Ensure safe and clear access
• Comply with Work Health and Safety obligations
• Obtain necessary approvals including strata approval
• Ensure all information provided is accurate and current

8. Customer Supplied Goods

If the Services involve materials supplied by the Customer, the Customer accepts responsibility for defects in those materials. Nexus Electrical Co is not required to assess suitability and may charge additional fees to rectify issues caused by Customer supplied items.

9. Installation Services

Nexus Electrical Co takes reasonable care during installation but is not liable for:

• Structural integrity of the premises
• Load bearing capacity
• Effects of installation on premises
• Damage not directly caused by negligence

10. Third Party Goods and Services

Where goods or services are sourced from third parties on behalf of the Customer, the Customer agrees to any applicable third party terms including no refund policies.

11. Subcontracting

Nexus Electrical Co may subcontract part or all of the Services at its discretion while remaining responsible for delivery of the Services in accordance with this Agreement.