Terms of Trade

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Definitions

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In these Terms of Trade:

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• Business Day means a day that is not a Saturday, Sunday or public holiday in the place where the Services are principally being carried out.

• Customer means the person identified on a Quote or as the person engaging in this service.

• Company means Neon Electrical and its employees and representatives.

• Goods means any goods supplied by the Company and suppliers.

• Services means the services to be provided by the Company to the Customer in accordance with a Quote and these Terms of Trade.

 

Application

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• These Terms of Trade apply to all transactions between the Customer and the Company relating to the provision of goods and services, including all quotations, contracts and variations. These Terms of Trade take precedence over Terms of Trade contained in any document of the Customer or elsewhere.

• The variation or waiver of a provision of these terms or a party’s consent to a departure from a provision by another party is ineffective unless in writing signed by both parties.

• The Company may amend any details in a quote by notice in writing to the Customer.

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Quotes

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• The Company may provide the Customer with a quote. Any quote issued by the Company is valid for 30 days from the date of issue.

• Quotes are based upon the cost of materials available at the time of preparation of the quote and assume the timely supply by the Customer of necessary material and instructions to the Company.

• The specifications and descriptions contained in the quote merely represent a general idea of the product or service and the Company reserves the right to make any changes to these materials that do not affect the purpose of the product.

• Following provision of a quote to the Customer, the Company is not obliged to commence work until the quote has been accepted by the Customer.

• Quotes are, unless otherwise stated subject to the existing electrical installation complying with AS3000:2018

• The Company reserves the right to amend any quote before the order has been completed to take into account any rise or fall in the cost of completing the order. The Company will notify the Customer of any amendment as soon as practicable, at which point the amended quote will be the estimate.

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Invoicing and Payment

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• The Company may in its absolute discretion, issue an invoice to the Customer in any one or more of the following ways:

• prior to commencing the provision of the goods or services, for an amount equal to the quote

• at the end of each week before the order is completed, the Company may issue one or more invoices for a proportion of the amount of the quote;

• The amount payable in an invoice is as per the quote and any additional charges.

• The Customer must pay an invoice issued by the Supplier to the Supplier upon completion of works, unless noted.

• If any invoice is due but unpaid, the Company may withhold of any further work until overdue amounts are paid in full.

• The Customer is not entitled to retain any money owing to the Company notwithstanding any default or alleged default by the Company of these Terms of Trade, including (but not limited to) the supply of allegedly faulty or defective goods, provision of services to an inadequate standard or a delay in the provision of goods or services. Nothing in this paragraph affects the Customer’s rights for any alleged failure of a guarantee under the Australian Consumer Law.

• All costs and expenses associated with collecting overdue amounts, including (but not limited to) legal fees and internal costs and expenses of the Company, are to be paid by the Customer as a debt due and payable under the Terms of Trade.

• If the contract price is more than $20,000.00, the customer has cooling off rights. This means that the customer has the right to cancel the contract if they change your mind. If this is so, they must do this within 5 business days.

• Once work has commenced and the customer changes their mind, the work that has been carried out by the contractor thus far, requires the customer to pay. The payment includes the materials and products used and the labour charges.

• Any service work after working hours requires a credit card security deposit. The Customer will not be charged until the job is completed, however if the Company has commenced their journey to the site, and the Customer decides to cancel the job, then their credit card will be charged the service/call-out fee.

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Deposit

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• A deposit can be requested from a customer if the work is amounted to $1,000 or more, in the event where non-standard materials need to be purchased in order to carry out the work requested.

• A deposit payment is required prior to the work commencing as per the invoice date.

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Access

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• The Customer must provide reasonable access to the site in order for the Company to carry out the work.

• If the Company arrived at the site and access is unavailable, a call out fee may apply.

• The Customer must remove any items from the vicinity of where the work is to be undertaken at the Company’s request.

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Warranty

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• The Company provides a 1 year warranty on any defect work that has been provided by the Company.

• The manufacturer provides warranty on products according to their terms.

• In the event that there is an electrical issue on the product that the Company has supplied, the Company will bear labour costs.

• In the event that there is an electrical issue on the product that the Customer has supplied, the Customer will bear labour costs.

• Warranty applies only once the invoice is paid in full.

 

 

Title

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• The products supplied to the Customer pursuant to these Terms of Trade do not pass to the Customer until all money (including money owing in respect of other transactions between the Company and the Customer) due and payable to the Company by the Customer have been fully paid.

• The Customer agrees the Company may repossess the products if payment is not made within 30 days of the supply of the products.

• The Company may agree to an extended payment period with the Customer.

• The Customer grants the Company to enter the Customers premises in order to recover the products which have not been paid for within required or agreed the time frame.

• The Customer indemnifies the Company in respect of any damage to property or personal injury which occurs as a result of the Company entering the Customers premises.

• If work has commenced by the Company and the contract is terminated, the products used on the job shall remain property of the Company until the Customer has paid the Invoice.

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Termination

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• In addition to the express rights of termination provided in these Terms of Trade, the Customer may terminate these Terms of Trade by giving 30 days written notice to the other party.

• If the Customer terminates the agreement, the Customer is required to pay all work the Company has performed thus far.

• The Company may terminate the work and agreement at any time.

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Certificates

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• At the Customers request, the Company will issue a compliance certificate to the Customer only once full payment of the work has been received.

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