Terms & Conditions of Trade- Hilton Electrical
Any and all works carried out by Hilton Electrical either quoted or otherwise shall be subject to these Terms and Conditions in full. It is the sole responsibility of the client / customer to read the Terms and Conditions carefully and pursue legal advice if required before engaging Hilton Electrical Maintenance Pty Ltd.
1.1 “Hilton Electrical” shall mean Hilton Electrical Maintenance Pty Ltd, or any agents, contractors and employees hereof.
1.2 “Client” shall mean the client, any person acting on behalf of & with the authority of the client, or any person purchasing products & services from Hilton Electrical.
2.0 The client agrees to pay all money due at the completion of all works or progress payments where requested as per 2.1
2.1 The client agrees to make progress payments as requested. Failure to do so will cancel all further works until such time, progress payments are paid. The client agrees to pay the full invoice amount on the completion of works.
2.2 Credit card & cash payments accepted only. I give permission to Hilton Electrical to carry out transactions over the phone using my credit card details for the value of the invoice amount or as per payment arrangement i.e. Deposit or progress payments.
2.3 A credit card transaction fee of 2% applies to all credit card payments.
2.4 Any payments which fall overdue shall incur a non-negotiable late fee of 10% with interest accruing monthly at 15% pa until paid in full.
2.5 All quoted works are subject to variations as required & are at the discretion of Hilton Electrical in order to carry out & complete works to Australian & Safety Standards. All variations will incur further fees & charges in addition to the original quoted amount.
2.6 Hilton Electrical fees are subject to change without notification to the client.
2.7 Additional fees & charges shall apply outside of normal business hours 0700 to 1700 Monday to Friday & 0800 to 1200 Saturday.
2.8 I accept that all invoices shall be provided in categories of service & GST only. Itemised accounts will not be issued.
3.1 All goods shall remain the property of Hilton Electrical until such time payment is received in full.
4.0 Cancellation Policy
4.1 Hilton Electrical may cancel these terms & conditions or cancel delivery of goods & services at any time giving at least 24 hours written advice. Hilton Electrical shall not be liable for any loss or damage what-so-ever arising from such cancellation.
4.2 The client must provide Hilton Electrical with at least 24hrs of any cancellation of works. Failure to do so will incur a minimum charge of $110 including GST
4.3 Placing a deposit with Hilton Electrical secures & confirms your job. Where a deposit has been paid to Hilton Electrical, deposits are non-refundable.
5.1 Warranty shall be valid for 12 months (unless otherwise stated) from invoice date. Warranty shall only be valid on workmanship in the exact location & scope as carried out by Hilton Electrical. Client must provide original invoice for proof of works.
5.1 Any additional site visits required for warranty calls will be charged out at $110inc GST if no fault is evident/found.
5.2 All valve & valve type parts as well as any specified items installed by Hilton Electrical must be serviced annually by Hilton Electrical. Failure to do so shall void all warranty. It is the sole responsibility of the client to arrange an appointment.
5.3 The Client shall inspect the goods & works on completion & must report any defects to parts or installation works within 48 hours in writing to Hilton Electrical of any alleged defects, shortage in quantity or damage. The client shall afford Hilton Electrical an opportunity to inspect the alleged damage / defect within 7 working days from date of written notification & give Hilton Electrical the opportunity to make good to Australian & reasonable standards within 14 working days.
5.4 No warranty shall be provided on blocked sewer, drainage or storm water as set out at clause 10.1
6.0 Intellectual Property
6.1 Where Hilton Electrical have designed or drawn Goods for the Client, then the copyright in those designs & drawings shall remain vested in Hilton Electrical, & shall only be used by the Client at Hilton Electrical’s discretion & with written consent to do so.
7.0 Clients Disclaimer
7.1 The client hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to him/her by any servant or agent of Hilton Electrical & the Client acknowledges that he/she buys the services of Hilton Electrical relying solely upon his/her own skill & judgment & that Hilton Electrical shall not be bound by nor responsible for any term, condition, representation or warranty other than the warranty given by the Manufacturer which warranty shall be personal to the Client & shall not be transferable to any subsequent Client.
8.0 Underground Services
8.1 The Client will indemnify Hilton Electrical & keep Hilton Electrical indemnified against any liability, loss, claim or proceedings of any kind (whether arising under statute or common law) arising from services which are buried or unseen being disturbed or damaged. Hilton Electrical will not be liable for any repair work & any repair work required will be paid at the Clients expense. Such liability, loss, claims or proceedings includes but is not limited to a) Damage to the property, real or personal; b) Death or personal injury; & c) Consequential or economic loss of any kind.
9.0 Rock & Filled Ground
9.1 Unless specifically included in written quotes &/or estimates, rock excavation, dewatering or supportive work such as pier & beams for filled or made up ground will be charged out as a variation to the original price. Quotation is based on excavation of clean soils only, unless otherwise specifically stated in writing.
9.2 Existing soils shall be returned to excavate areas where possible & ground shall left filled. Landscaping and concrete works are not included in quotation unless specified be in writing. All concrete, paving and landscape works including shrub / plant & lawn replacement will be treated as a variation as set out in 2.5 of this document.
10.1 Hilton Electrical will only make refunds at the direction of management. If an invoice has been paid partially or in its entirety, a refund if approved will be via the same means as which it was paid within 5 working days.
11.0 Dispute Resolution
11.1 If a dispute arises between the parties to this contract, then either party shall send to the other party a notice of dispute in writing adequately identifying & providing details of the dispute. Within seven (7) days after service of a notice of dispute, the parties shall confer at least once, to attempt to resolve the dispute.
11.2 At any such conference each party shall be represented by a person having authority to agree to a resolution of the dispute. In the event that the dispute cannot be so resolved either party may by further notice in writing delivered or sent by certified mail to the other party refer such dispute to arbitration.
11.3 Any arbitration shall be:
11.3(a) Referred to The Consumer Trader & Tenancy Tribunal (CTTT).
12.0 Compliance with Laws?
12.1 The Client & the Contractor shall comply with the provisions of all statutes, regulations & bylaws of government, local & other public authorities that may be applicable to the works.
12.2 The Client shall obtain (at the expense of the Client) all licenses & approvals that may be required for the works? (Councils or other governing agents).
12.3 The Client agrees that the site will comply with any occupational health & safety laws relating to building/construction sites & any other relevant safety standards or legislation.
13.1 The client agrees to Hilton Electrical using their personal information for marketing purposes & gives Hilton Electrical permission to send out future advertising material
13.2 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
13.3 Hilton Electrical does not accept any responsibility for damage to property during works being carrying out or by any subsequent electrical failure arising from the scope of works conducted by Hilton Electrical.
13.4 Hilton Electrical shall not be held liable for any such delays for work not being completed due to weather conditions, shortage of labour, machinery or materials outside the direct control of Hilton Electrical.
13.5 In the event of any breach of this contract by Hilton Electrical the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of Hilton Electrical exceed the Price of the Goods.
13.6 Hilton Electrical reserves the right to review & make changes to these terms & conditions at any time.