Terms and Conditions
1. Preamble
1.1 Clever Electrical Services Pty Ltd reserves all rights of the contract and reserves the right to modify these Terms and Conditions at any time.
1.2 No amendment of these Terms and Conditions shall be of any force or effect unless in writing and signed by the contractor.
1.3 Terms and Conditions of the customer that are additional to these Terms and Conditions are not legally binding, unless specifically accepted by the contractor.
1.4 By using our services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
1.5 In the event of a person signing as a customer, on behalf of another person, company or firm of any kind, then the person signing is legally bound as a party to this contract and is required to pay for the services provided by the contractor.
2. Definitions
2.1 Contractor: means Clever Electrical Services Pty Ltd and all its representatives and employees.
2.2 Customer: means the individual or company or person signing on behalf of an individual or company who has requested Clever Electrical Services Pty Ltd services.
2.3 Services: the work that Clever Electrical Services Pty Ltd provides.
2.4 Work: electrical works that Clever Electrical Services Pty Ltd performs under this contract as requested by the customer.
2.5 Defective work: product or instillation that shows no sign of malicious damage and is genuinely not fit for purpose.
3. Governing Law
3.1 All services being provided shall be governed and construed in accordance with the Law of NSW and the Commonwealth of Australia.
4. Price
4.1 Quotes are to be provided by the contractor to the customer as to the type of service and product the customer has request.
4.2 Each quote carries an automated fee, however if the customer chooses to go ahead with the quote, the fee of the quote will be taken out of the final price.
4.3 The specifications and descriptions contained in the quote merely represent a general idea of the product or service and the contractor reserves the right to make any changes to these materials that do not affect the purpose of the product.
4.4 Once the customer agrees to take on the contractors' services, they are bound by the price and payment terms of the quote/invoice.
4.5 Any service work after working hours requires a credit card security deposit. A customer will not be charged until the job is completed, however if the contractor 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.
4.6 Subject to any further changes of the service the customer has requested, the initial quote price will change, making the old quite invalid and the most recent quote valid and binding.
5. Invoice
5.1 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 their mind. If this is so, they must do this within 5 business days.
5.2 Once work has commenced and the customer changes their mind in relation to clause 5.1, 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.
5.3 In the event where the customer does not pay, the contractor reserves the right to retrieve all materials and products that have been used in order to carry out the work.
5.4 In the event where the customer does not comply with clause 5.2 and 5.2, the contractor reserves the right to commence legal action.
5.5 The customer agrees to pay additional amount to the price, which is the goods and services tax (GST) as required by the government.
5.6 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.
5.7 A deposit payment is required prior to the work commencing as per the invoice date.
5.8 When a customer requests services or maintenance work, the invoice is cash on delivery and the customer is required to pay the contractor prior to them leaving the site.
6. Quality of work
6.1 All work carried out by the contractor will comply with the Building Code of Australia to the extent required.
6.2 All work carried out by the contractor will comply with all other relevant codes, standards and specifications of any relevant law to the extent required.
6.3 All work carried out by the contractor will comply with the conditions of any relevant development consent or development certificate to the extent required.
6.4 It is the customer's duty to provide the contractor with a copy of the conditions of any relevant development consent or development certificates before commencement of works.
6.5 The contractor will carry out the works as agreed upon between the contractor and customer.
6.6 The contractor ensures that all work carried out will be upto the standard as required by rules and regulations of the state of New South Whales.
6.7 The contractor ensures that the materials used are as provided by the manufacturer and carry a warranty. The duration of warranty depends on the material.
6.8 The contractor does not cover any damage or loss incurred as a result of a defective part.
6.9 The contractor and customer must take all reasonable steps to minimize any delay of work.
7.0 Site Conditions
7.1 If the contractor encounters additional work that is required, the contractor will notify the customer of the works with the price included.
7.2 It is upto the customer whether they allow the contractor to provide the additional works suggested.
7.3 The price that comes with the additional work suggested will be provided either on the spot by the contractor or in an additional quote within a reasonable amount of time.
7.4 The customer should notify the contractor at the earliest convenience whether they want the additional work to go ahead.
7.5 Should the customer choose to go ahead with the work, they accept the price quoted and are required to pay in accordance with the Payment Terms as per the quote.
7.6 A customer has a 1-year manufacturers warranty on all products, excluding light globes and tubes, which carry a 3-month warrant period.
8.0 Certificates
8.1 Where required, the contractor will issue a compliance certificate to the customer, only once full payment of the work has been received.
9.0 Dispute
9.1 In a case where the contractor and a customer consider that a dispute has arisen in relation to the contract, both parties agree to negotiate in good faith in an effort to resolve the issue before any complaints are made to the Department of Fair Trading or any legal action is taken.
10.0 Termination of Contract
10.1 In the event where a customer decides to terminate the contract, the customer is required to pay all work the contractor has provided thus far.
10.2 The customer is required to give notice to the contractor as early as possible of the termination of contract in writing.
10.3 In the event where the contractor fails to complete work within a reasonable time for an unacceptable reason or fails to remedy any defective work, the customer may issue a notice to the contractor to respond within 10 days in order to rectify the situation.
10.4 The contractor may terminate the contract at any given time, if the customer has not complied with these Terms and Conditions, including the Payment Terms.
11.0 Insurance
11.1 The contractor must have insurance cover for public liability to cover for third parties deaths or personal injuries or damage to property not less than $2,000,000.00
The contractor must have insurance cover for workers compensation insurance in accordance with Australian laws.
12.0 License
12.1 The contractor must carry a valid electrical license, unless the contractors employees are considered to be an apprentice, trades assistant or work experience students.
12.2 The customer can request to view the contractor's license at any given time.
13.0 Privacy
13.1 When a customer enters into a contract with the contractor, the contractor collects the personal information in order to carry out the work requested and collect payment. Our full privacy policy can also be found on our privacy policy page here
13.2 The contractor may share the personal information to third party contractors that assist in the work being carried out.
13.3 The contractor ensures it acts accordingly to the Privacy Act 1988 (Cth).
13.4 The customer undertakes the duty not to disclose personal, confidential and sensitive information of the contractor to any person without the written consent of the contractor.
14.0 Indemnity
14.1 The customer indemnifies the contractor against any third party claim for indirect or consequential loss or damage, however caused, including through a negligent act or omission of the contractor. This can include; loss of data, loss of revenue, loss of profit or any other indirect costs.
14.2 The customer indemnifies the contractor against any liability to any person for loss or damage whether direct or indirect, caused or contributed to by the customer.
15.0 Limitations of Liability
15.1 The contractor's total liability is limited under this contract for breach of conditions or warranties, to resupply of the work or paying for its resupply.
15.2 The contractor's liability is limited under this contract, in tort and including negligence, for breach of statutory duty or on any other basis not covered in clause 19.1.
15.3 The contract may limit the liability of the contractor for failure to comply with clause 6.1, 6.2 and 6.3, if the failure relates to a design or specification prepared by the owner, or a design or specification required by the owner if the contractor has advised the owner or customer that the design or specification contravenes clause 6.1, 6.2 and 6.3.
15.4 In the case where clause 20.3 applies, the contractor's liability is limited to $1.00.
15.5 The contractor is not liable for any delay of works commencing.
16.0 Survival
16.1 The obligations of this deed shall continue for a period of the contractor's lifetime, plus 50 years.
16.2 The obligations of this deed shall survive and override any other contract between the contractor and customer.
17.0 Access
17.1 The customer must provide access to the site in order for the contractor to carry out the work.
17.2 If the contractor arrived at the site and access is unavailable, additional charges may apply.
17.3 If it is likely to impede on the work to be undertaken or as requested by the contractor, the customer must remove any unfixed property from the vicinity of where the work is to be undertaken.
18.0 Clean up
18.1 Once work has been finalised, the contractor must remove all rubbish and material relating to the work.
18.2 All leftover material is the property of the contractor, unless otherwise agreed upon between the contractor and customer.
19.0 Damage to Property
19.1 In any case where, the customers property is damaged by the contractor, as a result of negligence by the contractor, due to the work being undertaken according to the specifics outlined in the contract, the contractor must make good of the loss or damage.
19.2 The contractor is not required to make good of any loss or damage where the loss or damage is caused by the customer's negligence or where the customer has failed to take reasonable steps to minimize the risk or damage.
20.0 Ownership of Property
20.1 Ownership of all materials and products will not pass onto the customer until the contractor has received payment in full of the price of the service together with any other charges or additional work charges the customer is required to pay.
20.2 In a situation where work has commenced by the contractor and the contract has been terminated, the material and products used thus far shall remain the property of the contractor.
20.3 It is the customers’ responsibility to take reasonable care of the products and materials until the contractor has retrieved the products and materials from the site in relation to 20.1 and 20.2
20.4 The contractor reserves the ownership of all of its intellectual property.
21.0 Warranty
21.1 The contractor provides a 1-year labour warranty in relation to any defective work that has been carried out and invoiced.
21.2 Warranty applies only once the invoice is paid.
21.3 A warranty period is valid from the written date of the initial invoice in relation to the particulars outlined in that invoice. If the customer delays the payment of that invoice, the duration of the delay is subtracted from the total warranty period.
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