TERMS & CONDITIONS OF TRADE: Artack Trust T/AS Triple Point Services ABN: 52 877 948 405 Electrical Contractors Licence: 86308 QBCC: 15194499 ARC Refrigerant Trading Authorisation: AU53885
1. IN CONSIDERATION of Triple Point Services (hereinafter the “Supplier”) supplying products to and at the direction of the applicant and for the Trading Entity (hereinafter the “Customer”). The Customer shall pay the price specified in the quote and the following Terms & Conditions shall bind the parties.
2. Issue – this issue (Version 1.2) replaces all previous issues & is valid for all new estimates, quotes, and contracts until replaced with the next issue.
3. Regulation – It is against the law for any electrical work to be conducted by anyone other than a licensed electrical contractor & tested & commissioned by a licensed tradesman. It is against the law for any air conditioning, refrigeration work to be conducted by anyone other than a licensed refrigeration mechanic with refrigerant handling license. Copy of Licenses can be issued if required by the Customer.
4. General – Unless agreed otherwise in writing the following applies to all orders placed on & accepted by us whether written or verbal; no other terms, in part or whole, other than statute, form part of a contract with us & in the case where a customer attempts to enter other terms during the normal administrative “paper chase” process such attempts are not to be read as “contra offers” leaving our terms as issued with our quote/order confirmation as the agreed terms of contract upon which our pricing was formed & as such if a Court subsequently decides another term or set of terms apply we reserve the right to then adjust our selling price in the contract to reflect any changed terms & or conditions.
5. Quotes – Quotes are valid for 30 Working Days from the date of the quote. If a package quote is presented, the quoted price is based on Triple Point Services undertaking the complete job, not parts of. We reserve the right to reasonably correct pricing at any time for a) any errors (clerical, mathematical, typographical, omission, etc.) or; b) changes in equipment (types, rating, brand, etc.) supplied; c) changes in material (types, quantities, finishes, etc.) used or; d) changes in suppliers prices to us including after order confirmation .
6. Replacement parts/fittings/equipment – quotes for replacement parts/fittings or equipment will not include the cost of prior work done which will be charged for separately: where only a part of an installation is replaced warranty will only be limited to the replacement part.
7. Stock Availability – from time to time some items may not be in stock at the time of placing an order. One of our employees will contact the purchaser within 48 hours of knowledge of delay of stock to confirm expected delivery time & stock availability. Waiting times for goods is usually 1-2 days but can take up to 6 – 8 weeks.
8. Orders – Customers are advised to confirm ALL orders in writing via the Quote Acceptance Form & note that this forms part of a legally binding contract which is in agreement with these Terms & Conditions. In cases of Service Calls this agreement takes place when the customer accepts a Date & Time for the supplier to attend their nominated premises.
9. Cancellation – by the customer MUST be made in writing to Management – Triple Point Services. Cancellation will be subject to a charge, the greater of pro-rata to the work done to date plus 15% or 15% of the contract price, whichever is greater.
10. Variations – All goods and services will be installed and supplied as per our Quote or Work Order. Accordingly, we reserve the right to reasonably alter the contract price for any variation howsoever occurred. This includes any change in the scope of works, no matter how small, whether they are to be charged or not, must be confirmed in writing by both parties before the work is undertaken.
11. Unforeseen Work – due to the nature of our work it is not always possible to fully predict all work associated with the scope of works quoted & in some circumstances we reserve the right to make reasonable additional charges for such extra work should this occur.
12. Working Hours – all work is quoted for during normal working hours (Monday to Friday 0700 – 1600) unless otherwise noted on the contract. If for whatever reason work is to be conducted outside of these hours extra charges may apply.
13. Access – Access must be unhindered & uninterrupted if a Date & Time for works to be conducted has been agreed on. If access is not granted on the Date & Time organised, a callout fee of $130.00 may be charged.
14. Time is not of the essence- We will endeavour to meet all reasonable deadlines, but “time will not be of the essence” in our contracts
15. Payment Method – Payment method will be, cash, direct deposit, credit card (MasterCard/Visa) unless otherwise agreed prior to works undertaken.
16. Payment by Customer – payment is upon demand of the issue of an invoice to the customer or for approved account customers within the Payment Terms as issued on the invoice. A 10% deposit is required prior to works undertaken & progress payments may be required. Queensland Title Laws state payment for equipment may be required prior to delivery. Late payment will incur an interest charge of 15% pa calculated on a daily basis from invoice date plus all debt recovery costs including in-house administration. Payment may not be withheld for any reason.
17. Background Checks – the supplier reserves the right to obtain information on businesses prior to undertaking works through third – parties such as Creditor Watch. We also reserve the right to report a default on companies on failure to pay outstanding invoices.
18. Title & Risk – title passes upon payment in full with cleared funds but risk passes upon arrival of Goods at the Customers Site.
19. Construction Sites – for new buildings all materials and equipment will be installed during the construction period; if these are damaged or building configurations change resulting in additional work by us the cost of the extra work will be charged to the customer. Customers or their nominated agent (eg. Builder) are required to give us reasonable written notice for timely access for us to undertake works at the appropriate stage of construction. We cannot accept responsibility for delays or re-work where reasonable notice was not given. Customers alleging damage in any form by us must inform Management – Triple Point Services immediately in writing and give us reasonable management access & time to view the allegation – no liability will be taken without inspection of the fault.
20. Completion – On completion of all electrical work conducted it is a requirement of Australian Law to conduct an Electrical Compliance Test to ensure the installation/equipment meets Australian Standards. The installation/equipment will be tested and recorded to be compliant on the date of energisation by a Licensed Tradesman.
21. Warranty – starts from the date of our final invoice – for a period of 12 months against faulty workmanship & for a period as per supplier or manufacturer’s terms of warranty (which can be obtained on request), sometimes manufactures warranty does not cover all costs for warranty repair & when this occurs we will charge the labour aspect of the charge to the customer. Processing of warranty claims of materials or equipment supplied & installed by us to suppliers and manufactures is free of charge from us. If “no fault found” attendances, “no one there”, late appointment cancellation, installation done by others or maintenance conducted by others charges will be charged to the customer as per our callout fees. All warranty work is conducted during normal business hours. We reserve the right to determine qualification for what is deemed “warranty work” and any work done if it is found not to be warranty is fully chargeable.
22. Unauthorised Work – Any work is undertaken by any other person/persons on any fixtures, fittings, cabling, or signs of tampering with the installation/equipment will void ALL warranty.
23. Comments made by Employees or Sub Contractors – comments made by anyone employed by Triple Point Services do not necessarily reflect opinions or obligations of the Managing Staff & therefore must not be relied upon. Only written documentation signed by the manager of the business find must be taken as authoritative.
24. Complaints – must be made in writing addressed to Management – Triple Point Services within 5 working days of the cause of complaint arising (by law a dispute on an invoice must be made within 14 days from the date of Invoice)
26. Workplace Health & Safety – we are responsible for ensuring our Employees & Sub Contractors work safely & within all regulations however, there are obligations on Customers including, but not limited to, advising us in advance of any potential risks. Unless specified in the quote our quote excludes, if directed by safety personal, the cost of equipment for lifting, access, barricades, additional trades, or any other safety apparatus or devices.