Service Terms & Conditions
For the purposes of these Terms and Conditions: (a) “Additional Fees” means the fees applicable to Work
not foreseen or not requested by the Client before commencement of the Work including:
- Do and Charge Work;
- After Hours work as specified in clause 6;
- Latent conditions or obstacles requiring the hire of special equipment to complete the
(b) “Contractor” means PRS Electrical & Communications Contractors Pty Ltd trading as Phase
Electrical & Communications ABN 60 616 482 136, its successors and assigns or any person acting on behalf of and with the authority of the Contractor; (c) “Client” is the applicant named on the account with
the Contractor or where no account exists then on the quote or tender provided by the Contractor to the Client; (d) “Do and Charge Work” means Work performed under direction of the Client without a formal quotation or variation. (e) “Fees” means the fees payable by the Client as set out in any quotation or tender provided by the Contractor and accepted by the Client in accordance with clause 2.3, as varied in accordance with clause 3.1 and includes any Additional Fees and Cancellation Fees. (f) “Goods” means electrical equipment and components supplied by the Contractor to the Client and as described on the Contractor’s quotes, tax invoices and other paperwork; (g) “Site” means the place where the Contractor’s work will be carried out; and (h) “Work” means the performance of electrical work and
2.1 The Client shall receive a quote, scope of works or tender specifying the Work to be undertaken by the
Contractor in order to fulfill the Client’s instructions. 2.2 Prices shall be valid for thirty (30) days unless
otherwise agreed in writing.
2.3 The Client shall accept the quote or tender by signing and returning a copy to the Contractor, emailing the Contractor or continuing to instruct the Contractor to
carry out Work.
2.4 The Client acknowledges that where the Contractor’s costs in connection with any quote or tender increase as a result of the introduction of new, or changes to existing government taxes or charges or prime cost items or provisional sums, the Client will be liable for such increases and any quote or tender is provided subject to such variations.
The Client may request a variation to any Work that the Contractor has previously provided a quote or tender in relation to, by notice in writing to the Contractor. If the Contractor accepts such variation, the Contractor will advise the Client of the Fees applicable to such Work.
The Client shall reimburse the Contractor for any costs, losses or expenses incurred by the Contractor should the Client cancel or vary an accepted quote or scope of works (“Cancellation Fees”).
5. WORK IN PROGRESS
The Client shall provide exclusive Site access for the Contractor to complete any necessary Work.
6. CONTRACTOR’S TRADING HOURS
The Contractor’s normal trading hours are 6am – 6pm Monday to Friday. Work performed (at the Client’s request) outside those hours or on a public holiday will be at the Contractor’s discretion and will be subject to a surcharge (rates on application).
7. SERVICES BELOW THE GROUND
Before any Work is undertaken and where appropriate, the Client shall clearly mark the exact location and
identify all services above and below ground 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. These plans can be requested from the Dial Before You Dig website at www.1100.com.au or phone 1100. Should the Client fail to provide the Contractor with the appropriate plans for the Site as specified, the Client shall indemnify the Contractor from any claim for costs, expenses or losses incurred should services be damaged.
The Client shall inspect all Goods on installation and shall within forty-eight (48) hours of installation notify the Contractor of any alleged shortage in quantity, damage, or failure to comply with any agreed scope of works (“Defects”). The Client shall afford the Contractor an opportunity to inspect the Goods within a reasonable time following installation if the Client believes the Goods are defective in any way. If the Client does notify the Contractor of any Defects in accordance with this clause, the Goods will be presumed to be free from Defects and the Client will not be permitted to make any
claim against the Contractor in relation thereto.
9.1 Fees are payable within 30 days of receipt of the Contractor’s tax invoice, except Cancellation Fees
which are payable 7 days after receipt of the Contractor’s tax invoice. The Contractor may elect to issue invoices at the completion of Work or by periodic progress payments.
9.2 The Contractor reserves the right to cease Work until any overdue Fees are paid.
The Client must pay to the Contractor any costs, expenses or losses incurred by the Contractor as a result of the Client’s failure to pay to comply with these Terms and Conditions (including debt collection and legal costs on a full indemnity basis).
11. RETENTION OF TITLE
11.1 Notwithstanding the delivery of the Goods or their installation, title in any particular Goods shall remain with the Contractor regardless of whether the Goods are on-sold by the Client, until all Fees are paid. Where Goods have been on-sold by the Client, the Client will be taken to hold the proceeds of sale of such Goods upon trust for the Contractor and to account to the Contractor for those proceeds. Any payment made by or on behalf of the Client which is later avoided shall be deemed not to discharge the Contractor’s title in the Goods nor the Client’s indebtedness to the Contractor and, in such an event, the parties are to be restored to the rights which each respectively would have had if the payment had not been made.
11.2 The Client acknowledges that it will be in possession of any Goods solely as Bailee until all Fees
are paid and until that time: a) the Client must not encumber or otherwise charge the Goods; and b) the
Client shall be fully responsible for any loss or damage to the Goods whatsoever and howsoever caused following delivery or installation of the Goods to the Client.
11.3 The Client hereby irrevocably grants to the Contractor the right, at its sole discretion, to remove or
repossess any Goods from the Client and sell or dispose of them, where any Fees are not paid within the
payment terms set out in clause 9 and the Contractor shall not be liable to the Client or any person claiming through the Client and the Contractor shall be entitled to retain the proceeds of any Goods sold and apply same towards the Client’s indebtedness to the Contractor.
11.4 If the Client commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Client on any account which has not been paid in accordance with these Terms and Conditions and commence proceedings to recover the
balance of any monies owing the Contractor by the Client.
12.1 In this clause, the following words have the respective meanings given to them in the PPSA:
Financing Statement, Financing Change Statement, Proceeds, Register, Security Agreement, Security Interest and Verification Statement.
12.2 The Client acknowledges and agrees:
(a) that these Terms & Conditions constitute a Security Agreement that creates a Security Interest in all Goods (and Proceeds) previously supplied by the Contractor to the Client and to be supplied in the future by the Contractor to the Client;
(b) that the Security Interest created by these Terms & Conditions is a continuing Security Interest in all Goods (supplied now or in the future by the Contractor to the Client) and Proceeds, which will operate (despite any intervening payment or settlement of account) until the Contractor has signed a release; (c) to waive its rights in relation to the sections listed in sub-section 115(1) of the PPSA (or as otherwise amended), which will not apply (to the extent, if any, mentioned) to the Security Agreement created by these Terms & Conditions.
12.3 The Client undertakes to:
(a) keep all Goods free of any charge, lien or Security Interest except as created under these Terms &
Conditions and not otherwise deal with the Goods in a way that may prejudice any rights of the Contractor
under these Terms & Conditions or the PPSA;
(b) sign any further documents and provide any further information (which must be complete, accurate and up- to-date in all respects) that the Contractor may require to register a Financing Statement or Financing Change Statement in relation to a Security Interest on the
Register, register any other document required to be registered by the PPSA, or correct a defect in a statement referred to in clause 12.3 (b);
(c) indemnify, and upon demand reimburse, the Contractor for all fees (including actual legal fees on a
solicitor/own client basis), costs, disbursements and expenses in registering and maintaining a Financing Statement or Financing Change Statement on the Register or releasing any Goods charged thereby, and enforcing or attempting to enforce the Security any Interest created by these Terms & Conditions.
(d) not register, or allow to be registered, a Financing Statement or a Financing Change Statement in respect of the Goods or Proceeds in favour of a third party, without the prior written consent of the Contractor; and immediately advise the Contractor of any material change in its business details (including, but not limited to, its trading name, address, facsimile number) or business practices.
13.1 Any warranty as to the Goods on the part of the Client shall be limited to the Warranty provided by the manufacturer to the Client on or before installation of the Goods. Any labour involved with warranty Work may incur charges as determined by the Contractor.
13.2 The Contractor warrants that the Work will be carried out in accordance with all relevant laws in an appropriate and skilful way, in accordance with plans and specifications (where relevant) using materials that are good and suitable for the purpose for which they are intended to be used.
13.3 The Contractor reserves the right to make null and void the warranty should the Goods be modified, altered, damaged or put to any undue stress other than in the way the Goods were designed to perform.
13.4 In respect of all claims the Contractor shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Client’s claim.
14.1 Non-excludable Rights
The parties acknowledge that, under applicable State and Commonwealth law, certain conditions and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Client in relation to the provision of the Work which cannot be excluded, restricted or modified by the contract (“Non-excludable Rights”).
14.2 Disclaimer of Liability
The Contractor disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all
those conditions and warranties and all those rights and remedies are excluded other than any Non-excludable Rights. To the extent permitted by law, the liability of the Contractor for a breach of a Non-Excludable Right is limited, at the Contractor’s option, to the supplying of the Work again or payment of the cost of having the Work supplied again.
14.3 Indirect Losses
Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for:
a) any increased costs or expenses;
b) any loss of profit, revenue, business, contracts or anticipated savings;
c) any loss or expense resulting from a claim by a third party; or d) any special, indirect or consequential loss or damage of any nature whatsoever caused by the Contractor’s failure to complete or delay in completing the Work or to deliver the Goods.
14.4 Force Majeure
The Contractor will have no liability to the Client in relation to any loss, damage or expense caused by the
Contractor’s failure to complete the Work or to deliver the Goods as a result of fire, flood, tempest, earthquake, riot, civil disturbance, theft, crime, strike, lockout, breakdown, war, the inability of the Contractor’s normal suppliers to supply necessary Goods or any other matter beyond the Contractor’s control.
15.1 The Client hereby authorises the Contractor to collect, retain, record, use and disclose commercial
and/or consumer information about the Client, in accordance with the Privacy Act 1988 and subsequent
amendments, to persons and/or legal entities who are a solicitor or any other professional consultant engaged by the Contractor, a debt collector, credit reporting agency and/or any other individual or organisation which maintains credit references and/or default listings.
15.2 The Contractor may give information about the Client to a credit reporting agency for the purposes of
obtaining consumer and commercial credit reports and/or lodging consumer and commercial defaults on the Client’s credit file. This information may be given before, during or after the provision of credit to the Client and will be in accordance with the Privacy Act 1988 and subsequent amendments.
16. SECURITY AND CHARGE
The Client hereby charges all property, both equitable and legal, present or future of the Client in respect of any monies that may be owing by the Client to the Contractor under the Terms and Conditions or
otherwise and hereby authorises the Contractor or its solicitors to execute any consent form as its attorney for the purpose of registering a caveat over any real
property owned by the Client at any time.
17. GENERAL MATTERS
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable. If that provision cannot be read down then it is capable of being severed to the
extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms and
Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
17.2 Governing Law and Jurisdiction
These Terms and Conditions are governed by the laws of the State of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Queensland.