Terms and Conditions
By instructing Electrician to supply the Goods or Services, Client acknowledges that it has read and agrees to be bound by the terms of this agreement.
1. Definitions
Electrician means 181 Electrical and its successor and assigns.
Client means the client as per the front of the invoice or their authorised representative.
Goods means goods supplied by Electrician to Client under this agreement.
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, trademarks whether registered or unregistered, designs, patents, confidential information, know-how and trade secrets, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions
Order means an order placed by Client with Electrician for the supply of Goods and/or Services whether or not Electrician has issued a quotation for the supply of the Goods and/or Services.
PPSA means the Personal Properties Securities Act 2011 (Cth).
Price means the price of Goods and Services set out in Electrician’s tax invoice and includes the Goods and Services Tax (GST), postage, handling, freight and other charges affecting the cost of the Goods or Services.
Services means goods supplied by Electrician to Client under this agreement.
2. Quotation and orders
2.1 Unless previously withdrawn, a quotation issued by Electrician is open for acceptance for 60 days. Electrician reserves the right to refuse any Order placed by Client within 7 days of the Order being placed.
2.2 Any quotation is based on Electrician’s professional estimation of where existing drainage, sewer pipes, water or gas lines and electrical cables have been laid. If this is not the case or if they are inaccessible or unusable in their present state, Electrician reserves the right to vary the quotation.
2.3 Once an Order has been accepted by Electrician, Client cannot cancel it without the express consent of Electrician. Where Electrician has already ordered goods from a third party, cancellation will only be possible if Electrician can return the goods to the third party at no loss to Electrician.
2.4 Electrician may, at any time after acceptance of an Order, cancel the supply of Goods or Services or any part of them and Electrician will not be liable for any loss or damage suffered by Client as the result of such cancellation.
2.5 If there is any change, variation in the Goods or Services the subject of the Order or any extra work carried out by Electrician, these will be charged by Electrician at Electrician’s standard rate from time to time and will be shown as variations in Electrician’s tax invoice.
3. Price and Payment
3.1 The Price is payable in full without any deduction when the Goods or Services are supplied unless otherwise agreed in writing by Electrician. Time for payment of the Price is of the essence.
3.2 If the supply of Goods or Services is by credit, Client must have submitted a credit application which is approved in writing by Electrician. In that case, payment must be made in accordance with the terms of the credit application.
3.3 Client may be charged interest on any overdue amounts at the rate of 10% per month, calculated daily from the day the payment became due until the day of full and final payment.
3.4 Client agrees to pay Electrician any expenses (including legal costs) incurred in collecting any outstanding debts due by client to Electrician.
3.5 Payment must be made by one of Electrician’s accepted payment methods at the time payment of the Price is due. If payment is not by cash, then payment will not be deemed to have occurred until the full Price has been cleared and is available for Electricians use.
4. Supply of Goods and Services
4.1 Goods and Services will be supplied to Client’s address on the quotation unless otherwise notified to Electrician by Client.
4.2 Client must ensure that there is clear and adequate access to the area where the Goods are to be delivered and the Services supplied. Electrician will not be liable for any loss or damage suffered by Client or its property as a result of inadequate access.
4.3 Electrician may deliver Goods or Services in instalments. If separate invoices are raised for each instalment Client must pay the invoice in accordance with the terms of this agreement and is not entitled to wait until all instalments of the Goods or Services have been supplied.
4.4 Electrician will use its best endeavours to supply Goods or Services in accordance with the quotation but will not be liable to Client for any delay in the supply of the Goods or Services no matter what reason, including negligence by Electrician.
4.5 Postponement of supply of Goods or Services by Client may incur an additional fee which will form part of the Price.
5. Title and risk
5.1 The risk of loss or damage to the Goods passes to Client when the Goods are delivered to the Client’s address on the quotation or any other address notified to Electrician by Client.
5.2 Notwithstanding delivery of the Goods to Client, title in the Goods will not pass to Client until Client’s payment has been processed or otherwise received by Electrician. If Client’s payment is declined for any reason Electrician reserves the right to reclaim the Goods from Client’s possession, custody or control even if they have been delivered to Client or moved from the delivery address. Electrician reserves the right to keep or sell the Goods.
5.3 This clause 5 creates a purchase money security interest for the purposes of the PPSA. To the extent permitted under the PPSA, Client agrees to contract out of the provisions listed in section 115 of the PPSA which impose a burden on Electrician. Client waives its right to be provided with verification statements under section 157 of the PPSA. Client and Electrician agree that neither will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.
6. Damaged or defective Goods
6.1 Client must inspect the Goods within 48 hours of delivery and if any Goods are damaged or defective Client must immediately notify Electrician in writing giving details of the defect or damage and Client will comply with all reasonable directions of Electrician in dealing with the
Goods.
6.2 Nothing in this clause 6 is intended to effect or limit any guarantees which by law are implied into the agreement.
6.3 Electrician is not liable for any damage arising once the Goods have been delivered to Client or arising out of Client’s handling, storing or other negligent act in relation to the Goods.
7. Warranty and Limitation of Liability
7.1 In relation to and Goods which are the subject of a manufacturer’s warranty, Client agrees to comply with the terms of the manufacturer’s warranty in the in the event there is a defect in the Goods.
7.2 To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in this agreement are excluded. If Electrician is liable for a breach of an imposed term, guarantee, warranty, representation or condition or warranty, Electrician’s liability is, at Electrician’s option, limited to:
(a) the replacement of the Goods or the supply of equivalent goods or the supply of the Services again;
(b) the repair of the Goods;
(c) the payment of the cost of replacing the Goods or acquiring equivalent goods; or
(d) the payment of the cost of having the Goods repaired or having the Services supplied again.
7.3 To the extent permitted by law Electrician will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Goods or Services, including as a result of the late or non supply of Goods, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
8. Indemnity
8.1 Client indemnifies and keeps indemnified Electrician and its directors, agents and employees against all actions, claims, losses, liabilities, costs or expenses (including reasonable legal costs or expenses) which may be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to damage to the premises, the work site or any property of Electrician left at the Client’s premises or in
respect of injury to any person at Client’s premises or as the result of a breach of this agreement by Client.
9. Intellectual Property Rights
9.1 Electrician owns or is the exclusive licensee of all Intellectual Property Rights in any drawings, specifications, diagrams or other materials created by Electrician for the purposes of supplying the Goods or Services.
9.2 Client warrants that any drawings, specifications, diagrams or other materials it supplies to Electrician will not infringe the Intellectual Property Rights of any third party.
10. Site issues
10.1 Rock and filled ground: unless otherwise agreed the supply of Services does not include the excavation, relocation, repair or removal of any rocks, surfaces or other obstructions which are necessary in order for Electrician to supply the Goods or Services.
10.2 Restoration: Electrician 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 or Services is not included in Electrician’s quotation and must be carried out at Client’s cost.
11. Description of work
11.1 Electrician’s quotation is based on a visual inspection of Client’s premises but the actual extent or nature of the Goods or Services to be supplied may not become apparent until work commences. Electrician reserves the right to vary the quotation once the supply of Goods or Services is commenced.
11.2 If Electrician considers it must vary the quotation, Electrician will immediately notify Client of the additional Goods or Services to be supplied and the estimated new Price. Client must notify Electrician within 7 days if it does not want Electrician to provide the Goods and Services in accordance with the revised quotation but Client will remain liable to pay Electrician for all Goods and Services supplied up to that date.
12. Termination
12.1 Either party may terminate this agreement immediately by notice to the other party:
(a) if the other party breaches a material term of this agreement capable of being remedied and fails to remedy the breach within 10 business days after being given notice of breach;
(b) if that other party breaches a material term of this agreement which is not capable of remedy; or
(c) the other party is unable to pay its debts as they fall due; makes or commences negotiations with a view to making a general rescheduling of its indebtedness, scheme of arrangement or composition with its creditors; or takes any corporate steps for its winding up or the appointment of a receiver, administrator or official manager over any of its revenue and assets.
12.2 If Client terminates this agreement for any reason whatsoever Client must immediately pay Electrician for all Goods or Services already ordered from or supplied by Electrician and Client is responsible for ensuring that its premises are secured and safe pending completion of the work by a third party.
13. Insurance
13.1 Electrician will take out and maintain all insurance it considers appropriate in respect of the supply of Goods and Services and all other insurances required by law including home warranty insurance.
14. General provisions
14.1 A notice given under this agreement must be in writing and sent to the recipient at the address specified in at the beginning of this agreement or such other address as notified from time to time.
14.2 If the performance of this agreement or any obligation under it is prevented, restricted or interfered with by reason of an act of God, fire, lightning, flood or other natural disaster, subsidence, power or gas shortage, inability or delay in obtaining any local government approvals, consents or permits or because of any industrial dispute of any kind or any other cause, whether similar or not to the foregoing, outside of the affected party’s control, the affected party, upon giving prompt notice to the other party, is excused from such performance to the extent of such prevention, restriction or interference.
14.3 This agreement contains the entire agreement between the parties and can only be amended, supplemented, or waived in writing signed by both parties. The failure of either party to enforce, or the delayed by either party in enforcing, any of its rights shall not be deemed a continuing waiver or modification of this agreement.
14.4 This agreement is governed by the laws of Victoria and the parties submit to the nonexclusive jurisdiction of the Courts of Victoria.
14.5 If any clause or part of the clause is illegal, unenforceable or in valid, that cause or part is to be treated as removed from this agreement but the rest of the agreement is not affected.
14.6 Electrician may license or sub contract all or any of its obligations all rights without Client’s consent.
OVERVIEW
This website is operated by 181 Electrical Services. Throughout the site, the terms “we”, “us” and “our” refer to 181 Electrical Services. 181 Electrical Services offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to availability under our discretion.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, cancel, or postpone any order/booking you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear not to be placed by you, or a representative of you.
You agree to provide current, complete and accurate purchase and account information for all purchases made with 181 Electrical Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Link at bottom of page.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 181 Electrical Services, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless 181 Electrical Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of VIC.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at admin@181electrical.com.au