These business terms and conditions are to be read in conjunction with and form an attachment to SUN AIR ELECTRICAL. On acceptance of the Quotation the “Client” becomes contractually bound by the “conditions” set out below. Client means the party to whom Sun Air Electrical has agreed to supply goods or services pursuant to the quote(s).
- All quote(s) are valid for thirty (30) days and subject to confirmation thereafter.
- All works performed during business hours Monday to Friday 6.00am to 6.00pm unless otherwise stated in this proposal. Should works be conducted outside these hours, additional charges will be incurred by the Client.
- SUN AIR ELECTRICAL will endeavour to meet the proposed estimated time frame to conduct works however Client acknowledges this is an estimate only and not a deadline and is subject to all safety/legislative standards being met.
- No allowance has been made for on-site induction or permit to work requirements, unless otherwise stated (or previously advised in writing).
- SUN AIR ELECTRICAL has allowed for reasonable continuity to perform work. Should works not be completed due to Client request or unforeseen circumstances such as hard digging, site access, extra safety requirements or equipment needed to complete works to safety/legislative standards; additional charges will be incurred by the client.
- Sun Air Electrical accepts no responsibility or liability for damage to Client or Body Corporate property caused through the use of externally hired equipment, Sun Air Electrical equipment or materials used to complete works to safety and legislative requirements and standards.
- A minimum service fee will apply along with any per hour or extra material costs, if scheduled works, agreed to by the Client, are altered once SUN AIR ELECTRICAL staff have been assigned the task.
- Client/Customer accepts all liability and responsibility for relevant Body Corporate, council or legislative permissions required to complete the scope of works contracted by the Client, and/or damage to any site/property that forms part of, or is attached to a Body Corporate, including any communal property or Body Corporate owned property, that forms part of the site of the contracted works,
- Additional charges will be incurred by the Client/Customer; if any site-specific requirements such as access restrictions, extra equipment, isolations/de-isolations, specific permissions, permits and/or materials are required in order to complete contracted works to safety and legislative standards, if previous issues with site, have not been advised fully in writing/email prior to proposal acceptance and /or Sun Air Electrical arrives at the site and accesses that that the site requires extra equipment/permissions/permits/materials or any/all other requirements needed to complete contracted scope of works to safety and legislative standards.
- Additional charges will be incurred by the Client/Customer if extra equipment is needed to access a site in order to adhere to safety or legislative standards. SUN AIR ELECTRICAL will take reasonable precautions to limit damage to site or property as a result of equipment or materials used. Client/Customer accepts all liability and responsibility for all/any damage to the site, property, communal property, or Body Corporate property, incurred by SUN AIR ELECTRICAL in the delivery of services. SUN AIR ELECTRICAL accepts no liability for damage to property or site, including Body Corporate or other owned/manged property or part of the work site, that occurs through completing contracted scope of works within the safety and legislative standards.
- Client may not alter or cancel a purchase order or their acceptance of the quote without SUN AIR ELECTRICAL’s prior written consent. If SUN AIR ELECTRICAL agrees to alter or cancel the purchase order or acceptance of quote, Client will indemnify SUN AIR ELECTRICAL against loss, damage and expense incurred by SUN AIR ELECTRICAL in relation to the alteration or cancellation of that purchase order or acceptance of quote, including the cost of return freight to factory of origin for materials/equipment purchased for the works, items purchased from third parties for completion of the works, and all labour and engineering costs incurred by SUN AIR ELECTRICAL in the execution or part execution of the services and including compensation payable to any of SUN AIR ELECTRICAL’s suppliers, and loss of profit.
- SUN AIR ELECTRICAL reserves the right to suspend works if existing Client property, site or Body Corporate infrastructure is found to be faulty or dangerous. SUN AIR ELECTRICAL has the right to claim for any time or parts consumed, and losses suffered (if applicable) by said event occurring.
- No allowance made for repair of any faulty and/or dangerous electrical wiring and/or infrastructure found during works conducted by SUN AIR ELECTRICAL. All quotations are submitted under the understanding that all pre-existing wiring and infrastructure have been installed in accordance with the relevant standards and is in sound condition.
- All materials and equipment purchased by SUN AIR ELECTRICAL remain the sole property of SUN AIR ELECTRICAL until full payment of the total invoice has been received.
- If the Client defaults in payment of any amount, the Client irrevocably gives to SUN AIR ELECTRICAL a right, in addition to and without limitation of any other right SUN AIR ELECTRICAL may have, to enter, using reasonable force if necessary and without notice, any premises where the equipment is kept by the Client and to take possession of the same and thereafter deal with the equipment as its own.
- All risk for loss or damage to goods supplied, or property, shall pass to the Client at the time of supply/installation.
- SUN AIR ELECTRICAL reserves the right to request an up-front deposit (on application) prior to work commencement and submit ongoing progress claims during works conducted.
- Any change that affects the trading address, legal entity, structure of management or control of the Clients’ business will be notified to SUN AIR ELECTRICAL, in writing, within seven (7) days of the change becoming effective.
- The statements made by SUN AIR ELECTRICAL in relation to characteristics and potential applications of the goods or services are made in good faith to assist the Client, but, except where the Competition and Consumer Act 2010, as amended, and similar state laws impose liability upon SUN AIR ELECTRICAL, SUN AIR ELECTRICAL shall not be liable for the consequence of such statements.
- Maintenance proposals do not include parts/consumables or additional labour if and when necessary.
The client should ensure all health and safety regulations are observed whilst SUN AIR ELECTRICAL staff are on the Clients premises.
- Thirty (30) days written notice by either party will be required to suspend any scheduled contracted maintenance agreements. Seven (7) days’ notice must be given to scheduled reactive projects.
- No allowance is made, unless otherwise noted, for the use of elevated work platform (EWP) and/or patching or painting of any part of the building.
- In respect of goods or services that are not ordinarily acquired for personal, domestic or household use or consumption, the liability of SUN AIR ELECTRICAL for a breach of any condition or guarantee applied by law is limited at SUN AIR ELECTRICAL’s option to the repair of the goods, the supply of replacement goods or payment of the cost of having the goods supplied again.
- SUN AIR ELECTRICAL’s liability under the agreement will be reduced by the amount of any contributory loss or damage to the extent caused by Clients act or omission.
- Client acknowledges and agrees that, to the extent permitted by law, SUN AIR ELECTRICAL has no liability in contract, tort (including negligence or breach of statutory duty), by statute or otherwise for loss or damage (whether direct or indirect) of profits, opportunity, revenue, goodwill, bargain, production, contracts, business or anticipated savings, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever.
- SUN AIR ELECTRICAL is not liable for any damage that is caused by factors beyond SUN AIR ELECTRICAL's control including but not limited to; the Client’s own negligence or misuse, unauthorised modifications or repairs, electrical engineered schematics, diagrams, drawings and/or schedules being incorrect and any damage that is caused by liquid, rust or corrosion.
- SUN AIR ELECTRICAL’s total liability under any contract and this contract shall not exceed the total dollar amount of the goods or services purchased by the Client under each contract.
- An Administration fee may be added to any overdue accounts exceeding these terms and conditions. Interest on amounts overdue by over forty-five (45) days will accrue interest rate at the overdraft interest rate set by our bank at that time.
- SUN AIR ELECTRICAL Terms and Conditions and Workmanship Warranty Policy may be changed or altered from time to time. The current and up to date version that SUN AIR ELECTRICAL adheres to is available on the website.
WORKMANSHIP WARRANTY POLICY
“Company” means Sun Air Electrical Pty Ltd (ACN 6619 039 333) trading under the name “Sun Air Electrical” (ABN 66 619 039 333). Client means the party to whom Sun Air Electrical has agreed to supply goods or services pursuant to the quote(s). “Services” means the installation or electrical services supplied to the Client by the Company personnel in respect of the Contract. "Contract" refers to agreement, either in writing, electronically or verbally, by the Client to complete services as quoted by Sun Air Electrical. The Client agrees to pay all material and services costs, and upon Client agreeing to accept the quoted services from Sun Air Electrical, the Client also agrees to accept to all Sun Air Electrical Terms and Conditions. "Goods" means any products or materials used.
Sun Air Electrical guarantee’s all workmanship carried out by Sun Air Electrical staff for a period of 12-months from the invoice date.
Sun Air Electrical uses the highest quality Goods available, and the Goods will be installed in accordance with industry guidelines and all relevant current Australian Standards.
If Goods purchased and installed by Sun Air Electrical fail due to installation services (not failure/fault of the Goods, products or materials) we will reinstall or remedy the issue free of charge for a period of not more than 12-months from the invoice date.
If Goods purchased and installed by Sun Air Electrical fail due to materials, or faulty Goods/products, we will assist in organising replacement Goods or repair of the Goods in accordance with the manufacturer’s warranty requirements and for a period of not more than 12-months from the invoice date. Some manufacturers warranties require authorised manufacturer personnel to repair - Sun Air Electrical accepts no responsibility for either the manufacturers personnel, their services or the outcomes. of services/repairs/replacements. Sun Air Electrical accepts no liability for either the Goods, replacement goods or repair services of the manufacturer for all /any Goods under a manufacturer’s warranty.
Sun Air Electrical will not be responsible or accept any liability for any of the following:
- Your existing electrical installation, wiring and fuse box.
- Any consequential or other loss incurred by the customer as a result of Goods failure.
- Any customer supplied Goods.
- Any faults or warranty of customer supplied Goods.
- Any malicious damage, damage caused by abuse, neglect or accident.
- Any damage caused through intent or accident, by the Client or an unauthorised person (must be authorised by Sun Air Electrical in writing) to the Goods or impacting the installation or electrical services supplied by Sun Air Electrical.
- Any damage or consequential damage caused to any property, through the omission of Client to provide to Sun Air Electrical, adequate and detailed building plans, or other plans, outlining all services not limited to; wiring, water, sewage or any other hidden, or otherwise, infrastructure that may be affected by works performed.
- Any damage caused by vermin, animals, or pests.
- Any “acts of God”, e.g. lightning, hail, storm or flood damage and damage normally covered by a householder’s property insurance.
- Any installations older than 12-months from date of invoice.
If any persons other than a Sun Air Electrical electrician or Sun Air Electrical authorised person, conducts works on the installation or tampers with any of the electrical services supplied by Sun Air Electrical at any time, then this warranty is void. If Sun Air Electrical is called back to a job and it is deemed an unauthorised person has conducted works on the system, then the full applicable service charges will apply (relevant call out fee, service rates, materials, and machinery). In the event that Sun Air Electricals’ workmanship is at fault, then no charge will be applied.
Performance outcomes of Goods, recommended by Sun Air Electrical to the Client, are given in good faith but are to be taken under advisement only by the Client. The Company does not accept liability for any loss, cost or damage for failure of the Goods to attain such outcomes unless specifically guaranteed by the Company in writing. Any such written guarantees will be subject to the recognised tolerances applicable to such figures.
SUN AIR ELECTRICAL Terms and Conditions and Workmanship Warranty Policy Version 1.5.