Terms and Conditions of Trade
1. Definitions
Agreement:
An agreement between the Contractor and Customer for the provision of Goods and Services. An Agreement will come into existence on the date the Customer provides Acceptance in accordance with these Terms.
Acceptance:
Acceptance of an estimate or quote by the Customer in writing or electronically using a link and when an invoice is provided to a Customer as requested in writing. Acceptance shall also include receipt of a purchase order from the Customer, any written request by the Customer for Goods and Services without an estimate or quote, the payment of a deposit or the confirmation of a Service schedule.
Contractor:
Matthew Jacob Hudson ABN: 57825089846 t/a Sherlock Ohms Tech and Electrical.
Customer:
The person/s or entity requesting Goods or Services.
Goods:
All goods sold, leased, rented, consigned, or otherwise made available to the Customer by the Contractor.
Entertainment:
Shows, films, television, theatre or other performances or activities that entertain people, or a performance of this type.
Equipment:
All Equipment including any accessories supplied by the Contractor to the Customer. The Equipment shall be as described on the invoices, quotation, authority to hire, or any other authorisation form provide by the Contractor to the Customer.
Event:
A public or private assembly for purposes including but not limited to celebration, education, marketing or reunion
GST:
Goods and Services Tax
Service:
Services performed by the Contractor for the Customer as detailed in the estimate/quote or as communicated between both parties.
Site:
The place where the Contractor will carry out their Services.
2. General
a. These Terms and Conditions set forth terms under which the Contractor shall provide Goods and Services to the Customer.
b. These Terms together with the Acceptance constitute the entire Agreement.
c. The Customer must provide the Contractor with all necessary information in relation to the Goods and Services within a sufficient time to enable the Contractor to perform its obligations under these Terms.
3. Formation of Agreement
a. The Customer must accept or reject an estimate or quotation within thirty (30) days of its issue date unless otherwise specified in writing. The Contractor may at its option extend this period.
b. The Contractor may, at its absolute discretion, and without incurring any liability to the Customer whatsoever, revise or withdraw the quotation at any time before communication by the Customer to the Contractor of its Acceptance.
c. The parties will be deemed to have formed an Agreement upon the communication by the Customer to the Contractor of its Acceptance.
4. Pricing
a. When a price is given over the phone or an estimate is provided by the Contractor this is done in good faith and does not constitute the final amount payable. The described work is based on the Contractor’s representative’s inspection of the Site or based on the Customer’s information and instructions as the case may be. The actual extent of the work involved may not be evident before the work commences.
b. The Contractor reserves the right at any time before the delivery of the Goods and Services, by giving prior written notice to the Customer, to increase the Quotation Price to reflect any increase in the cost to the Contractor due to any factor beyond its control, (including without limitation changes in taxation laws, significant increase in the costs of labour, materials, or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and Services requested by the Customer, or any delay caused by the Customer’s failure to give the Contractor adequate information or instructions. If the Customer does not accept the change in Quotation Price, the Customer may terminate these Terms immediately by providing written notice to the Contractor.
c. All Quotes and Invoices include GST. All other pricing may be subject to GST.
5. Variations
a. All requests for variations to the quote or agreed upon scope by the Customer, must be made in writing and will incur an administration fee of $120 ex GST.
b. The Contractor reserves the right to increase the price or issue a new quote for all variations.
c. The Customer shall indemnify the Contractor from any additional cost incurred by the Contractor should the Customer increase the scope of the Goods and/or Services to be provided.
d. Any existing wiring or equipment may be subject to testing or assessment. Any faults will incur additional costs and be treated as a variation.
6. Minimum Charges
a. All residential work and non-quoted electrical work incur a call out fee of $110 (GST inclusive) which includes the first 15 minutes on site.
b. Technology or A/V installations, maintenance and repairs incur a service fee starting at $95 (GST inclusive) which includes an initial basic assessment.
c. Onsite IT or technology-based call outs incur a fee of $180 (GST inclusive) for the first 30 minutes on site.
d. For Services relating to Entertainment and Events there will be a minimum charge of 3 hours at an agreed rate unless otherwise specified in writing.
7. Payment
a. Unless agreed upon in writing, payment terms are strictly seven (7) days from the date of issue of the Contractors tax invoice.
b. Upon Acceptance from a Customer for an estimate or quote, the Contractor may require a deposit before the supply of any Goods and Services. This deposit is at the sole discretion of the Contractor.
c. At the Contractors sole discretion, a portion of or the full amount of the deposit may be non-refundable.
d. The Customer will be in default if payment is not made in accordance with these terms.
e. By accepting payment of any sum after its due date we do not waive our right either to require payments as they fall due or to suspend or end our arrangements.
8. Customer acknowledgments
a. Site access
i. The Customer must provide unrestricted access for the Contractor and any employee, subcontractor or agent of the Contractor as required. This includes the clearing and / or moving of furniture and other items blocking access to work areas.
ii. Any interruptions due to no Site access or work by other trades or the Customer causing down-time may be billed at the Contractor’s hourly rate.
b. Site conditions
i. In the event that the Contractor encounters any latent conditions brought about by the physical conditions on, under or adjacent to the Site including underground cables, pipes or conduits or other artificial objects not reasonably foreseen or not disclosed by the Customer which may require the Contractor to carry out additional work, then such additional work shall be treated as a Variation.
ii. When Goods and Services involve excavation or the installation, modification or repair to underground or hidden services, the Customer must clearly mark the exact location and identify all services above and below the ground that the Customer initiated at the Site, including but not limited to drains, pipes, sewers, mains and telephone and data cables, to enable the Contractor to prevent damage to all such services. Should the Customer fail to provide the Contractor with the location of services the Customer has initiated, then the Customer shall indemnify the Contractor from any claim for costs, expenses or losses.
iii. The Site shall be free from toxic and hazardous materials. Removal or management of these materials must be carried out at the Customers cost.
c. Site Restoration
i. The Contractor will take care when supplying the Goods or Services to minimise any disturbance or damage to surrounding areas including walls, ceilings, floors, garden beds and paint. Any repair or restoration required after the supply of the Goods unless stipulated in writing, must be carried out at the Customers cost.
d. Personal property
i. The Customer must, before any work is commenced, remove any personal property likely to impede the work.
ii. The Contractor takes no responsibility for the loss or damage to personal property within the Site.
e. Damaged or defective Goods
i. The Customer must inspect the Goods within 48 hours of delivery and if any Goods are damaged or defective the Customer must immediately notify the Contractor in writing giving details of the defect or damage and the Customer will comply with all reasonable directions of the Contractor in dealing with the Goods
ii. Nothing in this clause is intended to effect or limit any guarantees which by law are implied into the agreement.
iii. The Contractor is not liable for any damage arising once the Goods have been delivered to the Customer or arising out of the Customer’s handling, storing or other negligent act in relation to the Goods.
9. Equipment Hire
a. Equipment shall at all times remain the property of the Contractor and is returnable on demand by the Contractor. In the event that Equipment is not returned to the Contractor in the condition in which it was delivered the Contractor retains the right to charge the Customer the full cost of repairing the Equipment. In the event that Equipment is not returned at all the Contractor shall have right to charge the Customer the full cost of replacing the Equipment.
b. The Customer shall:
i. keep the Equipment in their own possession and control and shall not assign the benefit of the Equipment nor be entitled to a lien over the Equipment.
ii. not alter or make any additions to the Equipment including but without limitation altering, make any additions to, defacing or erasing any identifying mark, plate or number on or in the Equipment or in any other manner interfere with the Equipment.
iii. keep the Equipment, complete with all parts and accessories, clean and in good order as delivered, and shall comply with any maintenance schedule as advised by the Contractor to the Customer.
c. The Customer accepts full responsibility for the safekeeping of the Equipment and the Customer agrees to insure, or self insure, the Contractor’s interest in the Equipment and agrees to indemnify the Contractor against physical loss or damage including, but not limited to, the perils of accident, fire, theft and burglary and all other usual risks and will effect adequate Public Liability Insurance covering any loss, damage or injury to property or persons arising out of the use of the Equipment. Further the Customer will not use the Equipment nor permit it to be used in such a manner as would permit an insurer to decline any claim.
10. Title of Goods
a. Title in the Goods do not pass until the Contractor has received payment in full.
b. To protect the Contractors security interest in the Goods, until payment the Contractor may choose to register the agreement under the Personal Properties Securities Act 2009. The Customer agree to do all things necessary to facilitate such registration.
c. On default in payment, the Customer irrevocably permits the Contractor or any person authorised by the Contractor in writing, upon reasonable notice to enter the Site or the premises where the Goods are reasonably believed, by the Contractor to be held on the Customers behalf. The Customer also agree to indemnify and hold the Contractor harmless for all reasonable costs and expenses of recovery of the Goods and losses, if any, on their resale.
11. Default
a. The Customer will be in default if payment is not made in accordance with these terms or fail to comply with any other obligation set out in this Agreement.
b. If the Customer is in default under this Agreement, the Contractor may send a default notice. The notice will outline what the default is and what is required to do to correct the default. The Customer will have 14 business days to rectify the default.
c. If the Customer does not comply with the default notice, the Customer becomes immediately liable to pay the Contractor all monies owing with interest on that amount from the due date until payment at the rate of 10% per annum. In these circumstances, as title to the Goods do not pass to the Customer until all payments have been received in full, the Contractor may repossess and sell the Goods and apply the proceeds of the sale towards repayment of the monies owed under this Agreement.
12. Force Majure
Neither the Customer or Contractor shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, national or global pandemics and/or the implementation of regulation, directions, rules or measures being enforced by Governments or embargo, including but not limited to, any Government imposed border lockdowns (including, worldwide destination ports), etc, or other event beyond the reasonable control of either party. This clause does not apply to a failure by the Customer to make a payment to the Contractor, once the parties agree that the Force Majeure event has ceased.
13. Intellectual Property
a. Where the Contractor has designed, drawn, written plans or a schedule of Goods and Services, or created any Goods or products for the Customer, then the copyright in all such designs, drawings, documents, plans, schedules, Goods and products shall remain vested in the Contractor, and shall only be used by the Customer at the Contractor's discretion.
b. The Customer warrants that all designs, specifications or instructions given to the Contractor will not cause the Contractor to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer agrees to indemnify the Contractor against any action taken by a third party against the Contractor in respect of any such infringement.
c. The Customer agrees that the Contractor may (at no cost) use for the purposes of marketing or entry into any competition, any documents, designs, drawings, plans or products which the Contractor has created for the Customer.
d. Where the Contractor provides a Service for the purpose of Entertainment or Events, the Contractor maintains ownership of any materials, content or designs they produce unless otherwise stated in writing or ownership has been transferred. Where a Customer supplies Intellectual Property to the Contractor to be reproduced or displayed, the Intellectual Property will remain that of the Customer and following the Contractor’s obligations, the Intellectual Property will be returned, disposed or removed from all Contractor and third party devices. It is the responsibility of the Customer to ensure they retain copies of their Intellectual Property and indemnifies the Contractor for any losses that may occur.
14. Warranties
a. The Contractor warrants that:
i. The work will be performed in a proper and workmanlike manner and in accordance with the plans and specifications set out in this contract.
ii. All materials supplied by the Contractor will be good and suitable for the purpose for which they are used and, unless otherwise stated in the contract, those materials will be new.
iii. The work will be done in accordance with, and will comply with applicable Australian Standards including the Building Code of Australia and the Australian Standard Wiring Rules and any other applicable laws.
iv. The work will be done with due diligence and a reasonable time unless otherwise specified in writing.
v. The work will result, to the extent of the work conducted, in a property that is reasonably fit for occupation as a property.
vi. The work and any materials used in doing the work will be reasonably fit for the specified purpose or result notified by the Customer to the Contractor that the Customer desires the work to achieve so as to show that the Customer relies on the Contractors skill and judgment.
b. The Contractors liability for a failure to comply with a statutory warranty set out above shall not apply if the failure relates solely to a design or specification prepared by or on behalf of the Customer (but not by or on behalf of the Contractor) or a design or specification required by the Customer, if the Contractor has advised the Customer in writing that the design or specification contravenes the Building Code of Australia or the Australian Standard Wiring Rules. The Contractor also will not be responsible for the quality or suitability of materials supplied by the Customer.
15. Disputes
If the Customer or Contractor considers a dispute has arisen in relation to any matter covered by this agreement, that party must give the other party written notice of the items of dispute. The parties may confer with a mutually agreed third party to assist to resolve the dispute by mediation. If the dispute relates to workmanship and cannot be resolved either party may refer the matter to the Office of Fair Trading.
16. Termination of Agreement by Customer
If the Contractor is placed under administration, goes into liquidation, declared bankrupt or fails to complete the work within an agreed time, or if no time is given, within a reasonable time, fails to remedy defective work or replace faulty or unsuitable materials, then the Customer may, where such default can be remedied, issue a written notice requiring the Contractor to remedy the default within 10 business days of receipt of the notice by the Contractor or within such other reasonable period as may be agreed. If the default is not remedied within 10 business days or some other reasonable period as agreed, or not capable of being remedied, the Customer may terminate this Agreement immediately by written notice to the Contractor.
17. Termination of Agreement by Contractor
If the Customer is placed under administration, goes into liquidation, declared bankrupt or fails to make payment due under this Agreement or fails to give adequate instructions or directions or denies the Contractor access to the Site or specific work areas that prevents the Contractor from proceeding, the Contractor may issue a written notice requiring the Customer to remedy the default within 10 business days of receipt of the notice by the Customer. If the default is not remedied, the Contractor may suspend or terminate this Agreement immediately by written notice to the Customer.