The terms and conditions stated herein shall apply for all items (the goods and services) provided by VM Electrical. No amend-ment, alteration, waiver or cancellation of any of these terms or conditions shall be binding on VM Electrical unless confirmed by VM Electrical in writing.
Only the terms and conditions contained herein or as modified, if at all, by other written document, will apply. Any other terms or conditions including those on customers acceptance or other communications, inconsistent with or contrary to VM’s Electrical terms or conditions are hereby expressly excluded and shall be of no effect. In the event of conflict between VM Electrical and customer’s term and conditions, VM Electrical terms and conditions will prevail.
An acceptance of a quotation will be taken as an acceptance of these terms and conditions by the customer, whether such ac-ceptance is communicated to VM Electrical or by other person on behalf of the customers. Payments received are also ac-ceptance of these terms and conditions.
Prices are subject to change without notice. Any quotation may be withdrawn or altered by VM Electrical without notice. Any variation of, or additional work to that contained in the schedule of works shall be added to the price and charged to the custom-er. If for any reason it is necessary for the work to be effected outside the normal business hours of VM Electrical (7am to 3:30pm, Mondays to Fridays, excluding public holidays (subject to change without notice)), any additional costs incurred shall be added to the price and charge to the customer. Please note, if work commences at 3pm and it is completed at 5pm, after hourly rate will apply for the whole time and the tax invoice will be sent accordingly.
Prices are only valid for up to 7 days from the date of quotation. VM Electrical cannot guarantee the prices stated in this quota-tion if accepted after expiry date.
Parts and Materials are quoted at the time of quotation, please note that these prices may change at the time of installation and as such, VM Electrical any additional cost will be added to the price and charged to the customer.
Hourly rates: Where the customer has been quoted hourly rates – the number of hours of labour specified are an approximate only. As such, if it takes longer VM Electrical to complete the schedule of work for whatever reasons, the customer will be charged accordingly. VM Electrical does not charge pro-rata rates. For example, if the schedule of works is quoted at 2 hours and the works takes 2 hours and 30 mins, 3 hours will be charged. VM Electrical will at all times endeavour to provide a most accu-rate quotation. However, VM Electrical cannot in any way be held responsible or liable for variables outside the control of VM Electrical. Hourly rates may include pick up, transportation of parts and materials to and from the supplier and to the customers work site and travel time.
Fixed price: Where the customer has been quoted a fixed price, the customer must pay this amount regardless of how long it takes to complete the schedule of works.
VM Electrical will require you to pay a deposit of 50% to cover parts and materials and or labour upon acceptance of this quota-tion. Work will only commence once a deposit of 50% is received. Deposit must be made by direct bank transfer and or cash be-fore work commences. The outstanding amount of the remaining 50% and any variations (additional work performed) must be paid immediately after works are completed.
5. Property and the Goods – Ownership
Legal and equitable ownership, property and title in any goods sold to the customer shall remain with VM Electrical until receipt by VM Electrical of final payment, when ownership shall pass.
If the goods are not paid for in accordance with these terms and conditions VM Electrical may retake possession of all the goods for which payment has not been made and for this purpose may enter upon the customers premises within business hours and without notice and permanently retain or resell the goods of which it has retaken possession. As such VM Electrical will not be liable whatsoever not limited to but including any damage occurred to the customer’s property or goods during, after and before repossession.
If at any time the customer purports to terminate and or repudiate or cancel the Contract entered into with VM Electrical, then, and without prejudice to any other rights or remedies which VM Electrical may have, VM Electrical shall be entitled to recover from the customer such proportion of the contract value as shall be equivalent to the proportion of expenses incurred on behalf of the customer to date including VM Electricals’ profit on the total contract price. A written statement by VM Electrical stating the proportion of the contract price to be paid under this provision shall be conclusive evidence of the amount payable by the customer.
Any advance payments received will be used as a portion of expenses incurred on behalf of the customer or as a portion of VM Electricals’ profit on the total contract price.
7. Limitation of Liability
VM Electrical, to the extent allow under current legislation and law, is:
(a) Not liable for any loss or damage, however caused (including, but not limited to, by the negligence of VM Electrical and its staff, contractors and agents), suffered by the customer or any other person in connection with:
i. this contract and or quotation;
ii. goods and materials;
iii. Any misrepresentation by the VM Electrical its directors, officers, employees, agents and/or subcontractors; or
iv. Any statement by a third party accepted in good faith by VM Electrical and repeated by it, in connection with the Goods; and
(b) Not liable to the customer or to any other person for any loss of profit or other economic loss, indirect, special, consequential, general or other similar loss or damage howsoever arising.
Nothing in these terms is intended to exclude or modify any rights which the customer may have under any legislation or laws.
8. Products and Works
If any products and works specified within this quotation are unavailable at the time of the works being carried out, VM Electrical in its absolute discretion may substitute a reasonable alternative.
Where goods supplied by VM Electrical are faulty or defective, the customer shall report it to VM Electrical within 12 months and VM Electrical will contact the manufacturer on the customers behalf. The manufacturer will then deal with the customer thereaf-ter. VM Electrical will at no time for any reasons whatsoever be liable to replace the faulty or defective goods.
VM Electrical will not be liable for any damage to the goods installed, for any defect or damage whatsoever, which may be caused or partly caused by or arise through:
(i) Failure on the part of the customer to properly maintain any works; or
(ii) Failure on the part of the customer to follow any instructions or guidelines provided by VM Electrical (whether written or oral) or the supplier’s instructions, manual or booklet; or
(iii) Any use of any works otherwise than for any application specified on a quote or its intended purpose; or
(iv) The continued use of any works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) VM Electrical shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without VM Electricals written and signed consent.
For goods and materials not supplied by the VM Electrical the warranty shall be the current warranty provided by the manufac-turer of the goods and materials. VM Electrical shall be under no liability whatsoever.
To the extent required by statute, VM Electrical warrants that if a defect in any of the Works carried out by VM Electrical is re-ported to VM Electrical within 12 months of the date of completion, then VM Electrical will remedy the works subject to these terms and conditions. This warranty is not applicable in any of the following:
(i) (i) Defect or damage caused which may be caused or partly caused by or arising through the failure of the customer to properly maintain any works, follow any instructions or guidelines (as provided in writing or orally by VM Electrical), use of any works in any other way than is outlined in the quotation or by the customer’s negligence.
(ii) (ii) The customer continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.
(iii) (iii) The customer allows someone other than a licensed professional to deal with the products.
(iv) (iv) If the works fail due to fair wear and tear, any accident or act of God.
The warranty shall cease and VM Electrical shall thereafter in no circumstances be liable under the terms of warranty if the works are repaired, altered or overhauled without VM Electricals’ express written consent.
In respect of all claims, VM Electrical shall not be liable to compensate the customer for any delay in either replacing or remedy-ing the workmanship or in properly assessing the customer’s claim.
If VM Electrical must make an inspection outside of business hours, VM Electrical may charge the customer for all reasonable costs incurred including labour, travelling and other out of pocket expenses incurred if the fault or defect is deemed outside this warranty.
10. Default & Consequences of Default
Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% per calendar month and such interest shall compound monthly at such a rate after as well as before any judgement.
If the customer defaults in payment of any invoice when due, the customer shall indemnify VM Electrical from and against all costs and disbursements incurred by VM Electrical in pursuing the debt including legal costs on a solicitor and own client basis and VM Electricals’ collection agency costs.
Without prejudice to any other remedies VM Electrical may have, if at any time the customer is in breach of any obligation (in-cluding those relating to payment) VM Electrical may suspend or terminate the supply of works to the customer under the Build-ing and Construction Industry Security of Payments Act 2002 or relevant law. VM Electrical will not be liable to the customer for any loss or damage the customer suffers because VM Electrical exercised its rights under this clause.
If any account remains overdue after thirty (30) days then an amount of the greater of $20.00 or 10.00% of the amount overdue (up to a maximum of $200) shall be levied for administration fees which sum shall become immediately due and payable.
Without prejudice to VM Electricals’ other remedies at law VM Electrical shall be entitled to cancel all or any part of any order of the customer which remains unperformed and all amounts owing to VM Electrical shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to VM Electrical becomes overdue, or in VM Electricals’ opinion the customer will be unable to meet its payments as they fall due; or
(b) the customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the customer or any asset of the customer.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
VM Electrical shall be under no liability whatever to the customer for any indirect loss and/or expense (including loss of profit) suffered by the customer arising out of a breach by VM Electrical of these terms and conditions.
In the event of any breach of this contract by VM Electrical the remedies of the customer shall be limited to damages. Under no circumstances shall the liability of VM Electrical exceed the Price of the works.
The customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the cus-tomer by VM Electrical.
VM Electrical may license or sub-contract all or any part of its rights and obligations without the customer’s consent.
VM Electrical reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which VM Electrical any notifies the cus-tomer of such change.
Neither party shall be liable for any default due to any act of God, war, terrorism, fire, flood, drought, storm or other event be-yond the reasonable control of either party.
12. Rates – Subject to change without notice.
Mondays to Fridays: Hourly rate 7am – 3:30 pm – Standard call out and hourly rates apply – $80 + gst (minimum 1 hour will be charged – hourly blocks only). Call out fees may apply. Call out fees: $90 + gst.
Mondays to Fridays After hours rate after 3:30pm: Premium call out and hourly rates apply.
For the first 2 hours $125 + gst. per hour
Additional hour thereafter $160 + gst
Premium call out fees: $180 +gst
Saturdays and Sundays hourly rates (8am – 3pm)- $180 + gst. Outside these hours – $220 + gst. (minimum 3 hour blocks will be charged). Premium call out fees and hourly rates apply. Emergency fees may apply.
Premium call out fees: $220 +gst
Additional Emergency fees: $220 + gst
In case we need materials and the supplier is not open, we will do a temporary job to restore power and make it safe.
A further work will be carried out when materials are available
13. Customers Acknowledgment
It is the sole responsibility of the customer to check and confirm the order and or quote with VM Electrical prior to accepting the quote. VM Electrical will not be held liable for incorrect orders.
It is the responsibility of the customer to ensure that the works can be completed without interruption, in a continuous work flow and on the mutually agreed date. VM Electrical reserves the right to charge the customer any extra costs incurred by VM Electri-cal by virtue of interruption including but not limited to additional return to site charges and travel costs. The customer shall be fully responsible to ensure plumbing, electrical installation and any other installation not specified within this quotation do not foul the work area and associated areas. The customer shall be fully responsible for any necessary foundations.
The customer shall ensure that VM Electrical has clear and free access to the work site at all times to enable them to carry out the works. VM Electrical shall take all due and reasonable care when delivering and installing the product/s in accordance to the Terms and Conditions. VM Electrical shall not be liable for any loss or damage to the site.
The customer accepts all liability for, and indemnifies VM Electrical against, any custom orders or additional requests that are out-side of the usual scope of works, including but not limited to anything that is labelled as ‘client/customer requirement’ or ‘addi-tional requirement’. The usual scope of works, and what is outside same, is determined solely by VM Electrical.
VM Electrical accepts no liability for the visual presentation or noise level of installed products.
14. Force Majeure
VM Electrical shall not be liable for any failure or delay in supply or delivery of the products or works where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of VM Electrical including, but not limited to war, strikes, lockouts, industrial disputes, unrest, government restrictions or intervention transport delays, fire, act of God, breakdown of plant, shortage of supplies or labour, storm or tempest, theft, vandalism, riots, civil commotions or acci-dents of any kind