Quotation Terms and Conditions
1.1. This document and any agreement made between McCartney Electrical Solutions Pty Ltd (McCartney Electrical Solutions) and the Customer is governed under the law of the State of Victoria.
The work shall be performed in accordance with the requirements of the Electrical Safety Act 1998, the Electrical Safety (Installations) Regulations 2009, the Wiring Rules AS/NZS 3000:2007 and the Service and Installation Rules (VIC).
2.1. This Quotation is open for acceptance for a period of 30 calendar days from the date of Quotation.
McCartney Electrical Solutions may, at their option extend this period by notification to the customer.
ESTABLISHMENT OF CONTRACTUAL AGREEMENT
3.1. No contractual obligations shall arise until McCartney Electrical Solutions has received from the Customer written confirmation accepting this Quotation.
3.2. Prior to occurrence of 3.1 McCartney Electrical Solutions may revise or withdraw this quotation without incurring any liability.
3.3. Any variation or amendments to the Quotation by the Customer must be expressed in writing to McCartney Electrical Solutions, and shall not bind McCartney Electrical Solutions, unless McCartney Electrical Solutions agrees to the provision of further work in respect of the variation or amendment made by the Customer.
3.4. In the event that a Customer provides a written Order to McCartney Electrical Solutions, such Order is subject to these terms and conditions and any further terms and conditions which have been agreed by both parties to be included as the terms and conditions of the Quotation.
4.1. McCartney Electrical Solutions warrants that the completed work will be reasonably fit for the purpose use for which it is intended, provided the purpose is specified herein or is obvious by reason of the nature of work. If any defects or defaults are discovered in the workmanship of McCartney Electrical Solutions, the Customer may within 12 calendar months from the date of practical completion give McCartney Electrical Solutions notice in writing whereupon McCartney Electrical Solutions shall repair any such proven defects or faults.
4.2. McCartney Electrical Solutions does not warrant the performance or quality of any appliances supplied or installed by McCartney Electrical Solutions. It is the Customer’s responsibility to ensure that Warranty Cards or other registration requirements of the Manufacturer of any appliances supplied or installed by McCartney Electrical Solutions are complied with.
ACCOUNT TYPES AND PAYMENTS
5.1. McCartney Electrical Solutions has four types of payment options associating to different accounts:
5.1.1. Progress Payments see clause 5.2;
5.1.2. Account Customers see clause 5.3;
5.1.3. Contracted Work see clause 5.4;
5.1.4. Non-Account Customers see 5.5;
5.2. For progress payments the Customer shall pay McCartney Electrical Solutions the Deposit stated in the Schedule upon the signing or acceptance of Quotation.
5.2.1. McCartney Electrical Solutions shall submit to the Customer progress claims for each stage which shall consist of:
184.108.40.206. The percentage of the Contract Sum applicable to that stage as stated in the Schedule: and
220.127.116.11. Any other amounts then payable to McCartney Electrical Solutions in respect of variations issued pursuant to clause 7.
5.2.2. The Customer shall pay McCartney Electrical Solutions in accordance with the progress claims supplied by McCartney Electrical Solutions, and are to be paid within 7 calendar days of submission of the progress claim by McCartney Electrical Solutions.
5.2.3. Should the Customer neglect or refuse to pay the amount of any progress payment by the due date McCartney Electrical Solutions may, at its option, with or without notice to the Customer, suspend work until full payment is made.
5.3. For Customers who have an account with McCartney Electrical Solutions, they are to pay the invoice within 14 calendar days as stated in the schedule.
5.4. For contracted works McCartney Electrical Solutions shall issue monthly invoices as stated in the schedule.
5.4.1. The Customer has 14 calendar days from the date of invoice to pay or McCartney Electrical Solutions may, at its option, with or without notice to the Customer, suspend work until full payment is made.
5.5. For Non-Account Customers payment is due and payable immediately after work has been
5.6. Any customer who neglects or fails to make payment within the guidelines above relevant to their account type shall be charged 2% of the outstanding amount per month until full payment has been made.
5.7. McCartney Electrical Solutions only accepts payment in the form of:
5.7.1. Direct Debit;
5.7.3. Credit Card via Stripe; or
5.8 “In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.”
6.1. If after 30 calendar days from the Customer’s acceptance of this Quotation, McCartney Electrical Solutions costs in connection to this agreement are increased as a result of any factors including but not limited to variations in cost of labour, materials, employer’s liability, freight, insurance, third party insurance, GST and other taxes, customs or excise duties or any levy of any new or additional tax the customer shall pay the amount of such increases.
7.1. Any variation to this Agreement shall be notified in writing by the customer setting forth the details of such changes and the value thereof shall be added or deducted from the contract sum as the case may be.
7.2. Where there is an agreed variation to the scope of works, a variation document will be generated by McCartney Electrical Solutions which will describe the variation, estimate any delay, state the change in contract price or how the change in price is to be calculated and make appropriate provision for payment.
8.1. McCartney Electrical Solutions shall not be liable for delay or failure to fulfil any of its obligations resulting directly from the following events:
any negligent act or omission of the Customer, its employees and/or agents;
any events occurring on, before or after the date of completion for the works which are beyond the reasonable control of McCartney Electrical Solutions including but not limited to industrial conditions,
inclement weather, shortage of suitable materials or parts, labour or transportation affecting McCartney Electrical Solutions, its suppliers or any other person;
Delays in approval of variations directed by the Customer;
Changes in the Law; or
Directions or delays by municipal, public or statutory authorities.
RISK AND OWNERSHIP
9.1. Risk of loss, damage or destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.
9.2. Ownership of materials and equipment shall remain with McCartney Electrical Solutions, until payment of the full contract sum and any other monies due to McCartney Electrical Solutions under this agreement.
9.3. The Customer authorises McCartney Electrical Solutions to enter the Customer’s premises at any time to retake possession of the materials and equipment and to dispose of the equipment to recover costs if the Customer breaches this Agreement.
10.1. McCartney Electrical Solutions Quotation is based on a continuous work program, unless otherwise stated. If the Customer causes the Works to be delayed or delays are caused by any of the events in paragraph 8.1 herein, then such extensions of time to the date for practical completion shall be granted.
10.2. Where McCartney Electrical Solutions has been granted an extension of time under this clause, the Customer shall pay McCartney Electrical Solutions such extra costs as are incurred by McCartney Electrical Solutions by reason of the delay.
11.1. McCartney Electrical Solutions shall practically complete the Works in accordance with this Agreement on or before the date agreed upon by McCartney Electrical Solutions and the Customer.
11.2. When, in the opinion of McCartney Electrical Solutions, the works are practically complete, McCartney Electrical Solutions may give the Customer notice thereof. Within five calendar days after receipt of such notice, the Customer, if not satisfied that the Works are practically complete, shall give to McCartney Electrical Solutions written notice of those matters which the Customer requires to be done for practical completion. If the Customer does not respond by written notice within the required time, then the Works shall be deemed to be practically complete.
11.3. If, in the absence of written agreement between McCartney Electrical Solutions and the Customer, the Customer takes possession of and/or uses the Works or any part thereof prior to the date of practical completion pursuant of this condition, the Works shall be deemed to have been practically completed on the date of commencement of such possession and/or occupancy and/or use.
11.4. The date of practical completion shall be the date for commencement of the defects liability period.
12.1. All work will be done during normal working hours (7:00am-4:00pm Monday to Friday) unless otherwise stated and any work required to be done outside of the nominated hours will be chargeable at award penalty rates as applicable.
13.1. The rights of the Customer to consequential, liquidated or pre-ascertained damages are expressly excluded from this Agreement.
14.1. Any dispute between the Customer and McCartney Electrical Solutions arising under, or in connection with, this Agreement and which requires proceedings for resolution shall be referred to National Electrical Communications’ Association for referral of the dispute for conciliation.
What happens if they are not happy with the service after is it completed?
Repair/replacement or refund does not apply if you simply change your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it. Please email firstname.lastname@example.org with the following details in the event you are unhappy with the service provided by McCartney Electrical Solutions Pty Ltd and your complaint will be investigated within 7 days: Date of service, client name, client address, client phone & email number, Job number or invoice number if known, Details of complaint.
Full refunds will be offered for services with major faults/defects as per Australian Consumer Law. If the product is found to have a major defect or fault, it will be replaced with a product that is identical to the one originally supplied or a full refund supplied equivalent to the original amount paid, less the labour component.
Please note: the length of time the product has been in your possession, how it was used, it’s expected life/usage span and the type of product, together with the manufacturer’s warranty will all be taken into account if a refund is requested.
What are the steps someone must follow for the above?
For repair, replacement and refund requests please email email@example.com
Date of service, client name, client address, client phone & email number, Job number or invoice number if known, Description of issue
15.1. Any notice under this Agreement shall be given in writing and delivered to the other party by hand, or alternatively by prepaid post to the address stated in this Agreement or to such other addresses the party to whom the notice is given may thereafter have notified. Any such notice shall be deemed to have been received two calendar days after the date of posting.