Terms and Conditions of Trade
J C Williams Electrical

 

Acceptance of Conditions

Please read the terms of trade listed below. You can accept these terms by clicking on the link in the email that this document was attached to. These terms need to be accepted before we begin work at your property.

By placing a work order or accepting a quotation, the customer hereby accepts the following conditions, which may be varied only in writing by J C Williams Electrical.

We believe in providing great service and we take pride in our standards. The terms of trade below serve as the criteria for all of the work we carry out. These terms override any agreements made in person, over the telephone, or in any other communication.

When you ask J C Williams Electrical to carry out work on your behalf, you agree to uphold your obligations under these terms of trade.

If you have any questions please contact us on our office number 0458 201 052 or email us at admin@jcwilliamselectrical.com.au. If you are unhappy with the work we provide, or have any problems or comments, please let us know immediately. We will do our best to fix any problems right away. 

We take pride in what we do and would love for you to use us again and tell your friends. You can be sure that we want you to get the outcome you are after, as much – if not more- than you do.

Our Charges 

Technician-Tradesperson                                                         $90 per hour + GST

Apprentice                                                                                      $45 per hour + GST

Minimum Call Out Fee                                                               $120

After Hours Call Out Fee                                                           $150

Overdue Invoice Charge                                                            Up to $250 per invoice

Monthly Compounding Interest Charge                             10%

After Hours Call Out Fee

We define our normal hours of business from 7.00am-5.00pm Monday to Friday. Work done outside of these hours is subject to an after-hours call out fee.

Parking Permits/Tolls/Paid Parking

In the course of undertaking work for you, if we are required to pay for parking or any other vehicle travel costs, these will be passed on to you.

After Hours Work

If, in the course of a job, you ask us to do work which falls outside of normal working hours, there will be additional fees. If it has been arranged as a call-out, call-out fees will be applied. If not, additional fees will be applied to cover the overtime rates.

Cancellations/Rescheduling Appointments

      We are always happy to reschedule an appointment free of charge.

      If you need to cancel your appointment, please provide us with at least 24 hours’ notice.

      A cancellation fee of 20% of the quoted works may apply to appointments that are not cancelled within 24 hours of your appointment.

Payment 

      Once your job is complete, you will be sent an invoice by email, payment is to be made by the date specified on the invoice, which is 7 days from completion of the works.

      Please let us know before work commences if you would prefer an invoice to be mailed to you, as our default communication is email.

 

Site Amenities and Ablutions

We have assumed that all site amenities and ablutions will be provided by others free of charge to our company.

 

Site Productivity Allowance

No allowances are made J C Williams Electrical quotations unless stipulated by J C Williams Electrical in writing, for the payment of any special or Site Allowances. If these are applicable on any sites that we are engaged on, we would require reimbursement of direct costs plus statutory, overhead and administration costs of 20%.


Liquidated Damages

Unless specifically stated in our quotation, we will not accept liquidated damages. Where acceptance of liquidated damages is specifically stated, these shall in any case be limited to a maximum of 1% of our net contract amount per week to an overall maximum of 5% of our net contract amount and shall only then be applied where the cause for such damages is directly applicable to actions on our part.

Confidentiality of Documents & Proprietary Information

Drawings, specifications and other information supplied by us as part of our tender shall be regarded as confidential, shall be used only for Technical Information, consisting of drawings, specifications, calculations and design shall remain our property and must not be copied or disclosed to any third party unless authorised by us.


Site Inductions

Unless specifically stated in our quotation, no allowance had been made for any site inductions. These, where required, will be charged to the customer.

Live Work Clause

Our live work procedure is designed to eliminate risk of injury to our employees, damage to your installations and unexpected power disconnections.
Compliance with AS/NZA 4836:2001 “Safe working on Low Voltage Electrical Installations, relevant Commonwealth and State Statutory Acts and Work Place Regulations”.
The above may require us to disconnect or isolate parts of the installation to undertake such work for which additional charges may be applicable.

 

Delivery

Delivery periods quoted are subject to change and as such should be treated as estimates only. We will endeavour to meet delivery dates but do not accept any liability for failure to complete the contract within a specified delivery period unless specifically stated otherwise in our quotation.

 

Australian Standard AS2987

For any matters not specifically addressed in your enquiry or our quotation, our offer is based on AS2987 “General conditions of contract for the supply of equipment with or without installation”

 

Switchboard Replacement and Safety Switches

Safety switches retrofitted to existing circuit wiring can expose preexisting low insulation resistance (IR) faults. For correct RCD circuit operation IR faults must be fault found and rectified. These associated costs will be additional to any prior quotation as this is always an unforeseeable event. Often the fault will be in an appliance in which case it is beyond the scope of J C Williams Electrical to repair. J C Williams Electrical will disconnect the faulty appliance and will be absolved of any further responsibility.

 

Disputed Invoices

      If you need to discuss any aspect of payment, please contact us immediately.

      If you are dissatisfied with the invoice, it is your responsibility to contact us immediately. 

 

Service/Delivery By Instalments

Where it is practical, we reserve the right to deliver the goods, service and/or carry out the installation by instalments. In such instances progress payments and billings for each instalment shall be due in accordance with the clause “3.4…. Progress Invoices” below.

 

1. Application of Terms of Trade

1.1….These terms apply to all trade between the client and J C Williams Electrical. These terms are effective from the above date until these terms of trade are replaced by another document. Unless the context requires otherwise, the following definitions shall apply to these terms of trade.

2. Definitions : Unless the context requires otherwise, the following definitions shall apply to these terms of trade:

2.1…. J C Williams Electrical means ‘The Company Limited’ and any of its related companies who have supplied goods or services. This also includes the successors and assignees of those companies. “Customer” or “Client” means the customer who opened an account or the person that the account was created for. These terms of trade include the Customer’s trustees, executors [if an individual or successors], permitted assigns, and/or administrators. 

2.2….“Goods” means the goods supplied to the Customer by J C Williams Electrical which are described by item or indicated on the invoice associated with those goods. This also includes any packing or delivery slip supplied by J C Williams Electrical in respect of the goods. 

2.3….“PPSA” means the Personal Property Securities Act 1999 and associated regulations, as amended from time to time.

2.4….“PPSR” means the Personal Property Securities Register under the PPSA. 

 

3. Payment

3.1….The Customer shall pay in full for the goods and services no later than the date specified on the Company’s invoice. The Customer shall not have any right of set-off or deduction against the required payment or on account of any money which J C Williams Electrical may owe the Customer. If the Customer fails to pay the full amount due, on or before the due date, J C Williams Electrical (without prejudice to its other rights and remedies) shall be entitled to charge the Customer interest on the amount outstanding from due date until payment. 

3.2….The price for the goods and services supplied by J C Williams Electrical shall become immediately payable, regardless of any other terms of payment, and J C Williams Electrical may take immediate action to recover the price. This includes if the Customer is in default under any agreement with J C Williams Electrical or commits an act of insolvency or bankruptcy, goes into liquidation, receivership or voluntary administration, enters into a creditors’ composition, or has its credit standing impaired in any way.

3.3….Deposits – Larger jobs will require a deposit before work commences. This is generally 50% of the total invoice, followed by progress payments until work is completed. If a deposit invoice is sent and remains unpaid before the work commences, we reserve the right to halt work until payment is made. We also reserve the right to cancel the contract entirely, if payment is late or delayed.

3.4….Progress Invoices – Progress invoices are claims for work done on site, before the entire job is completed. This covers labour and materials for work done to date. The cost of materials and the amount of time spent on your job will dictate whether you will be sent progress invoices. As part of our agreement, you accept to pay these progress invoices when they are due. You understand that you cannot withhold payment for any reason.  If for any reason work has paused on your job, you can request an invoice to settle the account by calling the office. The Company reserves the right to stop work if progress payments have not been made.

3.5….Unpaid Accounts – If payment remains outstanding for over 20 days from the invoice due date a late fee of up to $250 per invoice may be added to your account at our discretion. We reserve the right to charge 10% compounding interest on a monthly basis for overdue accounts. Debt Collection costs may be added to invoices that remain outstanding for over 20 days from the due date.

 

4. Withdrawal of Credit

4.1…. J C Williams Electrical may at any time, in its sole discretion, withdraw the provision of credit to the Customer. 

 

5. Delivery and Return

5.1….If J C Williams Electrical is unable to deliver the goods or perform a service because of any cause beyond its control (including any force majeure event) J C Williams Electrical may suspend delivery or cancel the Customer’s order without incurring any liability for loss or damage suffered by the Customer. 

5.2….Goods will only be accepted for return with the prior approval of J C Williams Electrical. Freight and all other costs associated with the return of goods will be at the Customer’s expense unless otherwise agreed in writing by J C Williams Electrical.

 

6. Risk 

6.1….Goods are at the sole risk of the Customer upon delivery in accordance with clause 4.1 whether received by the Customer or not. This also includes a delay in delivery, even if ownership of the goods has not been passed on to the Customer. 

6.2….The Customer shall at all times insure the goods and keep them insured for their full value against all causes including loss or damage by fire and theft. If the goods are lost, damaged or destroyed, the Customer must agree to make a claim against the insurance policy with respect to the lost, damaged or destroyed goods, and to immediately pay the proceeds received to The Customer will remain liable to The Company for any shortfall in the insurance proceeds. 

 

7. Ownership

7.1….Ownership of the goods shall not pass on to the Customer until the Customer has paid for the goods in full. In addition, any proceeds of the sale of goods that has not paid for shall belong to The Company. 

7.2….Notwithstanding the provisions of clause 6.1 regarding J C Williams Electrical ownership of any sale proceeds, until the ownership of the goods has passed on to the Customer, the Customer shall not be entitled to sell or deliver possession of the goods to any other person.

 

8. Enforcement and PPSA 

8.1….The Customer irrevocably gives J C Williams Electrical and its agents the right to enter upon the Customer’s premises (including leased premises), without giving notice and without being in any way liable to the Customer, if J C Williams Electrical has cause to exercise any rights it has under section 109 of the PPSA. 

8.2….The Customer indemnifies J C Williams Electrical for any and all costs associated with the enforcement of these terms of trade, including legal costs on a solicitor/client basis. This includes; but is not limited to, the cost of any debt collection procedures for which the customer may be liable for, on top of the outstanding debt. 

8.3….The Customer waives its right under the PPSA to receive any verification statement from J C Williams Electrical.

8.4….The Customer shall immediately notify J C Williams Electrical in the event that the Customer changes its name.

 

9. Representations, Warranties, Terms and Conditions 

9.1….To the maximum extent permitted by law, all representations, warranties, terms, and conditions (including any representation, warranty, term or condition expressed or implied by law or otherwise) that are not expressly included in these terms of trade are hereby excluded from the contractual arrangements between J C Williams Electrical and the Customer. Without limiting the generality of the foregoing, the provisions of the Consumer Guarantees Act shall not apply to the supply of goods or services by J C Williams Electrical to the Customer where the Customer acquires, or holds himself or herself out as acquiring, the goods or services for the purposes of a business. 

9.2…. If J C Williams Electrical shall be under any liability whatsoever to the Customer then whether such liability be in contract, tort (including negligence or for personal injury) or otherwise and notwithstanding any relief or remedy to which the Customer may be entitled at law or in equity, such liability shall be limited to the price at which the goods or services are supplied to the Customer. This includes the actual loss or damage suffered by the Customer, whichever shall be the lesser. 

9.3….Under no circumstances will J C Williams Electrical be liable for any financial or economic loss or any indirect or consequential loss of any kind whatsoever.

9.4….We warrant our workmanship for life. Our warranty is limited to making good or replacement of those parts of our supply, if found to be incorrectly connected or fitted. Where parts or goods are defective which have been supplied to us by others, these are subject to that manufacturer or suppliers warranty. We will replace them and charge for labour costs incurred.

9.5…. Many of the Australian standards which relate to the electrical industry are open to interpretation. Where the electrical inspecting body Powercor has a different interpretation to that of J C Williams Electrical, the costs for rectification of works to comply with Powercor interpretation will be passed onto the customer.

 

 

 

10. Privacy 

10.1…. The Customer agrees that J C Williams Electrical may obtain information about the Customer from any person, including any credit assessment or debt collection agency, for any purpose being in the course of J C Williams Electrical business, including credit assessment and debt collecting. The Customer consents to any person providing J C Williams Electrical with such information. 

10.2….The Customer agrees that J C Williams Electrical may use, for lawful purposes, any information it has about the Customer relating to the Customer’s creditworthiness. 

10.3….Without limiting the provisions of clauses 9.1 and 9.2, the Customer understands that: 

a) J C Williams Electrical is asking the Customer for personal information about the Customer for the purpose of:

i. obtaining a credit report on the Customer to help assess the Customer’s creditworthiness for the purpose of J C Williams Electrical opening or reviewing a trading account for the Customer, and. 

ii. registering the security interest created by clause 6.1 under the PPSA;

b) J C Williams Electrical will give the Customer’s personal information to: 

i. a credit checking bureau of The Company’s choice and that bureau will hold that information on their system and use it to provide their credit reporting service, and 

ii. the Registrar of Personal Property Securities and the Registrar will hold that information on the PPSR which will be available for searching by the public in accordance with the PPSA; 

c) The credit reporting bureau will provide J C Williams Electrical with information about the Customer for the purposes outlined in clause 9.3(a)(i), and when other customers of the credit checking bureau use the credit reporting service the credit checking bureau may give the information to those customers too. 

d) The Company may use the credit checking bureau’s credit reporting services in the future for purposes related to the provision of credit to the Customer (including personal credit checks against the Customer), and this may include the use of monitoring services to receive updates if any of the information held about the Customer changes. 

e) If the Customer defaults in the Customer’s payment obligations to J C Williams Electrical information about that default may be given to the credit reporting bureau and may be provided to other users of that service other than the Customer. 

f) The Customer has a right of access to, and may request correction of, personal information held by J C Williams Electrical or a third party about the Customer. For those purposes, the Customer understands that he or she may contact J C Williams Electrical at the address set out in the application for credit account to which these terms of trade relate, for information.

 

11. Amendment 

J C Williams Electrical may amend these terms of trade from time to time. The Customer shall in respect of the supply of any particular goods or services by J C Williams Electrical to the Customer be bound by the terms of trade applicable at the time of sale of those goods or services. A copy of the latest version of the terms of trade will be available upon request at J C Williams Electrical. 

 

12. General 

12.1….Unless expressly provided otherwise in any written agreement between J C Williams Electrical and the Customer, these terms of trade, and the application for credit account to which these terms of trade relate, constitute the entire agreement between J C Williams Electrical and the Customer relating to the supply of goods and services by J C Williams Electrical to the Customer. 

12.2….Each provision of these terms of trade is severable in whole or in part and, if any provision is held to be illegal or unenforceable for any reason, only the illegal or unenforceable provision shall be affected and the remainder of these terms of trade shall remain in full force and effect. 

12.3….These terms of trade and the application for credit account to which these terms of trade relate shall be construed in accordance with and be governed by the laws of Australia. J C Williams Electrical and the Customer shall submit to the non-exclusive jurisdiction of the Courts in Australia.

12.4…. Consequential Loss Liability Limitation – Unless specifically stated otherwise in our quotation our liability for loss of production, loss of income, the opportunity to earn profits, the financial consequences of business interruption and indirect and consequential loss shall be limited to $1.00.

 

 

13. Quoting

13.1…. If there is any error or omission in the Quote provided to the customer, J C Williams Electrical reserves the right to change the contract sum on the Quote. This clause applies even if the Quote has been accepted by the customer. Prices quoted are subject to final costing assessment by J C Williams Electrical.

13.2….Hazardous Materials – Unless specifically stated in our quotation, the quoted price is based on the assumption that the work for which the quotation is submitted will be executed in a hazardous material free environment. It is a strict condition of our quotation that the customer accepts full responsibility for the resolution of any problems and for delays and additional costs which may result from the presence of these materials in or about the site on which the works (or any part thereof) are to be performed.

13.3…. Site Conditions – Our quotation is valid only if the site equipment/plant is in the same condition as stated when the quotation was prepared. Any additional costs incurred due to changes such as obstacles or further damaging of equipment by others will be deemed to be a variation to the contract.

13.4…. Digging – Quotes for digging on site – including but not limited to – trenching, post hole digging or any other form of earth moving or excavation – are given for favorable working conditions. If conditions such as hitting rock, high water table, aboriginal bones, unmapped supply lines, or any other obstacles, delays or unforeseen problems requiring additional materials, time or labour, the customer will be responsible for all fees associated with the unforeseen circumstances. 

13.5…. Delays/Prolongation – Our quotations have been based on the understanding that the contract will be carried out as one continuous project, devoid of delay and with the provision of equipment and services by others as and when needed. Hold over time, waiting time, industrial disputes, inclement weather or any other time spent because of delays/prolongation caused by others will be charged at the applicable NECA standard or agreed contract hourly rates. J C Williams Electrical also reserves the right to claim for additional costs where the client requests acceleration of the works to meet revised programming.