Terms and Conditions
1. Introduction
These Terms and Conditions ("Terms") govern the provision of electrical contracting services ("Services") by Infin8 Electrical PTY LTD ("the Contractor") to the customer ("the Client"). By engaging the Contractor, the Client agrees to these Terms.
2. Scope of Work
2.1 The Contractor agrees to perform the Services as described in the provided quotation or as otherwise agreed in writing by the Client and the Contractor.
2.2 Any materials supplied by the Contractor will comply with relevant Australian Standards and regulations.
3. Payment Terms
3.1 For invoices totalling less than $1,000 (AUD), full payment is required via EFTPOS on-site upon completion of the Services.
3.2 For invoices totalling $1,000 (AUD) or more, the Client must make payment via bank transfer or online payment within seven (7) business days from the date of invoice.
3.3 The Contractor reserves the right to request a deposit prior to the commencement of the Services. The amount of the deposit will be specified in the quotation or agreed upon by the Contractor and the Client.
3.4 Failure to make any progress payments as specified in the quotation or agreed schedule may result in the immediate cessation of work until payment is received. The Contractor shall not be liable for any delays or additional costs incurred due to work stoppage under this clause.
3.5 Interest on Late Payments: If the Client fails to make payment in accordance with these Terms, interest will accrue on the overdue amount at a rate of 6% per annum, calculated daily from the due date until the payment is made in full. The Contractor also reserves the right to recover any costs incurred in recovering the overdue payment, including legal fees.
4. Variations
4.1 Any variations to the scope of Services requested by the Client must be agreed upon in writing by both parties and may result in additional charges. The Contractor will provide an updated quotation or variation document for the Client’s approval before proceeding with any additional work.
4.2 The Contractor reserves the right to adjust pricing if unforeseen circumstances arise that significantly impact the cost of the Services. The Client will be informed of such changes and must agree in writing before the Contractor proceeds.
4.3 Increase in Material Costs: The Contractor is not responsible for any increases in the cost of materials that occur after the acceptance of the quotation or commencement of work. Any such increases will be on-charged to the Client, and the Client agrees to pay the adjusted amount. The Contractor will provide notice of any material cost increases and amend the payment terms accordingly.
5. Limitation of Liability
5.1 The Contractor will exercise all reasonable care and skill in the performance of the Services. However, the Contractor shall not be liable for:
a. Any damage caused by pre-existing conditions in the Client’s property, including but not limited to structural issues, faulty installations, or water ingress.
b. Any roof leaks or other water-related damage arising during or after the completion of the Services, unless such damage is caused by the gross negligence of the Contractor.
c. Any incidental, indirect, or consequential damages, including but not limited to loss of profits, loss of business, or loss of data.
d. Any damages, delays, or failures in performance resulting from events beyond the Contractor’s reasonable control, including but not limited to acts of God, natural disasters, extreme weather conditions, war, terrorism, civil unrest, strikes, lockouts, pandemics, or governmental actions ("Force Majeure Events").
e. Any damages arising from delays due to Force Majeure Events or other unforeseeable circumstances that prevent or hinder the performance of the Services.
5.2 The Contractor's total liability to the Client for any claims arising out of or in connection with the Services, whether in contract, tort (including negligence), or otherwise, is limited to the amount paid by the Client for the Services under this agreement.
5.3 The Contractor shall not be liable for any loss or damage that the Client suffers which is caused or contributed to by the Client’s own actions, negligence, or failure to comply with these Terms.
6. Insurance
The Contractor maintains public liability insurance and workers’ compensation insurance as required by law. A copy of the insurance certificates can be provided to the Client upon request.
7. Intellectual Property
Any intellectual property, including designs, plans, and documentation created by the Contractor during the provision of the Services, remains the property of the Contractor unless otherwise agreed in writing. The Client is granted a non-exclusive, non-transferable license to use the intellectual property solely for the purpose for which it was provided.
8. Subcontracting
The Contractor reserves the right to subcontract any part of the Services, but the Contractor will remain responsible for the quality and completion of the Services as specified in this agreement.
9. Site Conditions
The Client is responsible for ensuring that the worksite is safe, accessible, and free from hazards. The Contractor reserves the right to charge additional fees if unexpected site conditions, including but not limited to asbestos, structural issues, or hidden utilities, are discovered that require extra work or safety measures.
10. Work Stoppage
10.1 The Contractor reserves the right to cease work immediately if the Client fails to make any due payments under these Terms. The Contractor will not be responsible for any delays or additional costs resulting from such work stoppage.
10.2 In the event of work stoppage, the Contractor may remove any materials or equipment from the Client's property until payment is made.
11. Refunds
11.1 The Contractor will provide a refund only in the following circumstances:
a. If the Contractor is unable to complete the Services due to reasons solely attributable to the Contractor, and no suitable alternative arrangements can be made.
b. If the Services provided are found to be significantly defective, and the Contractor is unable to rectify the defect within a reasonable period.
11.2 Refunds will be calculated based on the portion of the Services that were not satisfactorily completed, less any costs incurred by the Contractor up to the point of termination.
11.3 Deposits are generally non-refundable unless the Contractor fails to commence the Services due to reasons solely attributable to the Contractor, in which case a full refund of the deposit may be provided.
11.4 No refunds will be provided for change of mind or for any Services completed as per the agreed scope of work, unless otherwise agreed in writing by the Contractor.
11.5 Any request for a refund must be made in writing to the Contractor within seven (7) days of the issue or event giving rise to the request.
12. Dispute Resolution
12.1 Any disputes arising under these Terms shall be first addressed through negotiation between the parties.
12.2 If the dispute cannot be resolved through negotiation, the parties agree to attempt to resolve the dispute through mediation before resorting to litigation.
12.3 If mediation fails, either party may seek relief in the courts of Western Australia, which will have exclusive jurisdiction.
13. Termination
13.1 Either party may terminate the agreement for the provision of Services if the other party breaches any material term of these Terms and fails to remedy the breach within seven (7) days of receiving written notice.
13.2 The Client may terminate the Services at any time; however, the Client will be liable for all work completed up to the date of termination and any materials ordered or supplied for the Services.
14. Amendments to Terms
The Contractor reserves the right to amend these Terms from time to time. Any changes will be communicated to the Client in writing. The Client will be deemed to have accepted any changes if they continue to engage the Contractor for Services after receiving notice of the amendments.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Western Australia.
16. Entire Agreement
These Terms, together with any quotation or agreement provided by the Contractor, constitute the entire agreement between the parties and supersede any prior agreements, understandings, or representations.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
18. Privacy and Confidentiality
18.1 The Contractor will collect, use, and store the Client’s personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth).
18.2 The Contractor will treat all information provided by the Client as confidential and will not disclose such information to third parties without the Client’s consent, except as required by law.