CABLERITE ELECTRICAL TERMS AND CONDITIONS

TERMS AND CONDITIONS OF TRADE
1. ACCEPTANCE
1.1 These Terms and Conditions (Terms) are between CableRite Electrical Pty Ltd (ABN 12 605 303 035), its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, organisation or entity described in the Proposal or that purchases Products or Services from us (referred to as “you” or “your”), and collectively the Parties. These Terms apply to all sales made by us to you. These Terms are also available on our Website, https://www.cablerite.com.au (Site).
1.2 You have requested the Products and/or Services set out in the attached Proposal or described on our Site. You accept the Proposal and/or these Terms by either:
(a) signing and returning the Proposal; or
(b) confirming by email that you accept the Proposal; or
(c) instructing us to proceed with the Services; or
(d) paying any Deposit or making part or full payment for the Products and Services, set out in the Proposal or our tax invoice to you (Invoice).
1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Please contact us if you have any questions using the contact details in the Proposal. Purchasing Services from us indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms. If you do not agree to these Terms, you must not use or purchase our Services from us.
2. SERVICES
2.1 We agree to perform the Services with due care and skill.
2.2 We reserve the right to refuse any request that we deem inappropriate, unreasonable or illegal.
2.3 The estimated period for us to perform the Services is set out in our Proposal (Service Period). However, you acknowledge that starting and completion dates are subject to change due to weather conditions and other circumstances beyond our reasonable control.
2.4 We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms. 2.5 Third parties who are not our employees or our direct contractors (Third Parties) will be your responsibility. We are not responsible for the quality of service provided by suppliers of Third Party Services. You must make direct arrangements with them.
2.6 We are not responsible for any failure by a third party supplier or manufacturer to supply goods required to complete the Services. Any orders placed with 3rd party suppliers on your behalf will be your responsibility.
3. VARIATIONS
3.1 If you request amended or additional services, including but not limited to changes to the Proposal, scope, variations or additional Services (Variation), we have discretion as to whether we perform this work for you and whether an adjustment to the Fee may be required in respect of the same. If we are unable to accommodate the Variation, we may request that we be paid for Services performed to date and terminate these Terms.
3.2 If we agree to perform a Variation, then we will inform you of any additional cost (Variation Fee). You need to approve the Variation and Variation Fee before we commence work. We will invoice you accordingly for the Variation.
3.3 We will require you to approve a Variation to the Services if we are required to clean up the Location or remove obstructions in order to create space or a safe working environment, find any safety issues which require resolution, or any preparation work at the Location prior to the Service being provided.
3.4 We endeavour to take all reasonable care when providing the Services, however where the Services include accessing tile roofs, you agree to provide replacement tiles at your cost if breakages occur. We will replace the broken tiles if a breakage occurs, however if replacement tiles are not available at the time the Services are provided we reserve the right to charge you a Variation Fee if we need to return to the Location to replace the tiles.
4. REPORTS
4.1 We will provide you with a report outlining the Services provided at the completion of the Services.
5. PRICE, INVOICING AND PAYMENT
5.1 You agree to pay us the Deposit and the Fees for the Services that you have requested, as set out in the Proposal. All amounts are stated in Australian dollars. All amounts include Australian GST (where applicable).
Regular hours (6am to 5pm Monday to Friday, excluding public holidays)
Booking Fee = $99.00
Hourly rate = $121.00
After hours and emergency call out
Booking Fee = $297.00
Hourly rate = $363.00

Late payment fee applicable after 5 business days from invoice = $44.00

Qcat preparation and lodgement = Hourly charge at $44.00 and expenses incurred  
 

CABLERITE ELECTRICAL TERMS AND CONDITIONS

NB: All rates are inclusive of GST and subject to availability.
5.2 You agree to pay our Invoices within 5 days of the date of the Invoice. If an Invoice is unpaid for more than 5 days we will cease to provide the Services to you until we receive payment of the Invoice.
5.3 We may charge interest at the rate of 2% per month on any amounts unpaid after the expiry of 5 days after the payment date.
5.4 If invoices are unpaid for 5 days after the payment date, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us. You will be liable for any costs associated with the debt collection services.
5.5 If the Proposal states that the Fees are an estimate only, you acknowledge that the final Fees may be more or less than the estimated amounts. We will endeavour to inform you of any material variation as it becomes apparent.
5.6 If you cancel the Services within 12 hours of the Service Period or you fail to attend the Location during the Service Period you will be liable for booking/arrival Fees.
5.7 You agree that unless otherwise agreed in writing, all custom made or special order Products must be paid in full and up front before your order will be processed. If you cancel the order, you agree that you will still be liable for the full cost of the custom made Products.
5.8 Our pricing structure, payment methods and these Terms may be amended from time to time at our discretion. The pricing changes will apply to you for Services provided to you after the date of the change. All other changes will apply from the date that the amended or new Terms are provided to you or if you enter into a new Proposal, whichever is earlier.
6. OUR OBLIGATIONS AND WARRANTIES
6.1 We warrant that the Services will comply with all relevant codes, standards and specifications that the Services are required to comply with under any law.
6.2 We warrant that we are fully qualified and licenced to provide the Services, and hold an Electrical Contractor Licence No. 79708, Air Conditioning licence AU39099, Refrigerant Handling Licence L100924 and CEC Solar Licence 
6.3 We accept no responsibility and will not be liable for failure to comply with clause 6.1 above, if the failure relates solely to:
(a) a design or specification prepared by or on behalf of you; or
(b) a design or specification required by you if we have advised you in writing that the design or specification goes against the work compliance clause set out in clause 6.1 above.
6.4 We accept no responsibility for any damage to or repairs required as a result of the Services, where the damage occurred due to a hidden or unseen issue, or an issue which we were not aware of, or you failed to make us aware of prior to the Services being performed.
7. YOUR OBLIGATIONS AND WARRANTIES
7.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or for a 12 month period after.
7.2 You agree that you will inform us in advance or immediately once you become aware if the Services have commenced of any risks or safety issues which may affect the provision of the Services.
7.3 You agree that it is your responsibility to clean up the Location after the Service have been provided.
7.4 You warrant that throughout the term of these Terms that:
(a) there are no legal restrictions preventing you from agreeing to these Terms;
(b) you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;
(c) the information you provide to us is true, correct and complete;
(d) you will not infringe any third party rights in working with us and receiving the Services;
(e) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;
(f) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions;
(g) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you;
(h) if applicable, you hold a valid ABN which has been advised to us; and
(i) if applicable, you are registered for GST purposes.
CABLERITE ELECTRICAL TERMS AND CONDITIONS

8. OUR INTELLECTUAL PROPERTY
8.1 The work and materials that we provide to you in carrying out the Services contains material which is owned by or licensed to us and is protected by Australian and international laws (Materials). We own the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.
8.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.
8.3 Your use of our Materials does not grant you a licence, or act as a right to use any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.
8.4 You must not breach our Intellectual Property rights by, including but not limited to:
(a) altering or modifying any of the Materials;
(b) creating derivative works from the Materials; or
(c) using our Materials for commercial purposes such as onsale to third parties.
9. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS
9.1 You agree to provide information including any Intellectual Property to us to enable us to provide the Services. You:
(a) warrant that you have all necessary rights to provide the Intellectual Property to us;
(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and
(c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.
9.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:
(a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;
(b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;
(c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and
(d) agree that your consent is a genuine consent under the Copyright Act 1968 (Cth)
and has not been induced by duress or any false or misleading statements.
10. CONFIDENTIAL INFORMATION
10.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers and as set out in our Privacy Policy available at https://www.cablerite.com.au/privacy-policy ; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
10.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
10.3 These obligations do not apply to Confidential Information that:
(a) is authorised to be disclosed;
(b) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(c) is received from a third party, except where there has been a breach of confidence; or
(d) must be disclosed by law or by a regulatory authority including under subpoena.
10.4 The obligations under this clause will survive termination of these Terms.
11. FEEDBACK AND DISPUTE RESOLUTION
11.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.
11.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the
CABLERITE ELECTRICAL TERMS AND CONDITIONS

Law Society of Queensland to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
11.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
12. TERM AND TERMINATION
12.1 This Agreement will begin on your acceptance of these Terms in accordance with clause 1.2 and continue during the Service Period, or the date on which these Terms are terminated in accordance with this clause 12, if earlier.
12.2 The Parties may terminate these Terms by mutual agreement, in writing, including by email.
12.3 Either Party may terminate these Terms, if there has been a material breach of these Terms, subject to the following dispute resolution procedure.
12.4 We may terminate or suspend these Terms immediately, at our sole discretion, if:
(a) we consider that a request for the Service is inappropriate, improper or unlawful;
(b) you fail to provide us with clear or timely instructions to enable us to provide the Services;
(c) we consider that our working relationship has broken down including a loss of confidence and trust;
(d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe; or
(e) you fail to pay an Invoice within 5 days of the payment date as set out in the Invoice Terms.
12.5 On termination of these Terms you agree that any Deposit or payments made are not refundable to you, and you are to pay all Invoices for Services rendered to you.
12.6 If you terminate these Terms before Service Period, you must pay for all Services provided prior to termination, including any Services which have been performed and have not yet been invoiced to you.
12.7 On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
12.8 On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual
Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
12.9 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
12.10 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
13. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS
13.1 ACL: Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms.
13.2 Services: If you are a consumer as defined in the ACL, the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to exclude liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.
13.3 Delay: Where the provision of Services depends on your information or response, we have no liability for a failure to perform the Services in the period set out in the Proposal where it is affected by your delay in response, or supply of incomplete or incorrect information.
13.4 Referral: On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
13.5 Warranties: We offer a 12 month warranty on our workmanship. The warranty does not cover
CABLERITE ELECTRICAL TERMS AND CONDITIONS

damage resulting from misuse, accident, negligence, modification or alteration. We do not provide any other warranties of any kind and we expressly disclaim the implied warranties of merchantability and fitness for a particular purpose.
13.6 Goods: If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
13.7 Manufacturer: The Product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty 13.8 Liability: To the extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Products and Services and these Terms, except those set out in these Terms, including but not limited to:
(a) implied or express guarantees, representations or conditions of any kind, which are not stated in these Terms;
(b) the Services being unavailable; and
(c) any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with your inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.
13.9 Limitation: To the extent permitted by law our total liability arising out of or in connection
with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
13.10 This clause 13 will survive termination of these Terms.
14. INDEMNITY
14.1 You are liable for and agree to indemnify, defend and hold us harmless for and against any and all Claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (a) any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
(b) any breach of these Terms; and (c) any misuse of the Services from or by you, your employees, contractors or agents. 14.2 You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of the Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
14.3 The obligations under this clause will survive termination of these Terms.
15. GENERAL
15.1 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
15.2 Publicity: You consent to us using advertising or publically announcing that we have undertaken work for you.
15.3 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
15.4 GST: If and when applicable, GST payable in connection with the supply of the Services will be set out on our Invoices. You agree to pay us an amount equivalent to the GST payable on the supply at the same time that you pay our Invoices.
CABLERITE ELECTRICAL TERMS AND CONDITIONS

15.5 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
15.6 Assignment: These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent not to be unreasonably withheld).
15.7 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.
15.8 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 Business Days' notice in writing.
15.9 Notices: Any notice required or permitted to be given by either Party to the other under these Terms will be in writing addressed to you at the address in the Proposal. Our address is set out in the Proposal. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission.
15.10 Jurisdiction & Applicable Law: These terms are governed by the laws of Queensland and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland.
15.11 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
16. DEFINITIONS
16.1 Business Day means a day which is not a Saturday, Sunday or bank or public holiday in [State], Australia.
16.2 Claim/Claims includes a claim, notice, demand, right, entitlement, action, proceeding, litigation, prosecution, arbitration,
investigation, judgment, award, damage, loss, cost, expense or liability however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort or statute and whether involving a third party or a party to this Agreement or otherwise.
16.3 Confidential Information includes confidential information about you, your credit card or payment details, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
16.4 Deposit is set out in the Proposal.
16.5 Fees is set out in the Proposal
16.6 GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
16.7 Intellectual Property includes any and all present and future rights to intellectual and industrial property throughout the world, and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), patents, improvements, registered and unregistered trademarks, designs (whether or not registered or registrable), any corresponding property rights under the laws of any jurisdiction, discovery, circuit layouts, trade names, trade secrets, secret process, know-how, concept, idea, information, process, data or formula, business names, company names or internet domain names.
16.8 Invoice Terms is set out in the Proposal.
16.9 Location is set out in the Proposal.
16.10 Materials is set out in the Proposal.
16.11 Moral Rights means the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship, as defined in the Copyright Act 1968 (Cth).
16.12 Payment Method is set out in the Proposal
16.13 Services means electrical services as set out in the Proposal.
Contact details:
CableRite Electrical Pty Ltd ABN 12 605 303 035
admin@cablerite.com.au

Phone : 0449-861-166
Last update: 25/03/2022
CABLERITE ELECTRICAL TERMS AND CONDITIONS

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