Terms of Service

1. Definitions

• Company means NC Electrical & Air Conditioning Pty Ltd (ABN 90 615 021 808) and its related trading names.
• Customer means the person or entity that acquires Goods or Services from the Company.
• Goods means any goods, materials, equipment or products supplied by the Company.
• Services means any electrical, solar, air conditioning, communications, EV charging, testing, maintenance or related work performed by the Company.
• Quotation means a written quote or tender issued by the Company.
• Site means the premises or location at which the Services are to be performed.
• ACL means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2. Application of these Terms

2.1 These Terms apply to and govern every contract for the supply of Goods and/or Services by the Company to the Customer, and constitute the entire agreement between the parties to the exclusion of all other terms and conditions.

2.2 These Terms prevail over any terms put forward by the Customer (including in any purchase order), and no variation to these Terms binds the Company unless agreed in writing by an authorised representative of the Company.

2.3 All Quotations and tenders issued by the Company are subject to these Terms. These Terms supersede any terms and conditions that previously governed dealings between the parties.

3. Quotations and pricing

3.1 Quotations are valid for [30] days from the date of issue unless otherwise stated, after which they may be withdrawn or revised.

3.2 Unless expressly stated otherwise, prices are inclusive of GST.

3.3 Quotations are based on the information available to the Company at the time of quoting and on continuous, unhindered access to the Site during standard working hours of [7:00am – 4:30pm, Monday to Friday] (excluding public holidays). Work requested outside these hours may attract out-of-hours premium rates.

3.4 The Company may adjust the quoted price where: (a) the scope of work changes; (b) the Customer provides inaccurate or incomplete information; (c) latent or unforeseen Site conditions are encountered (for example concealed services, asbestos, structural or access issues); or (d) the cost of materials increases materially between the date of the Quotation and the date of supply.

3.5 Unless expressly included in the Quotation, the price excludes: making good, re-decoration and patching; removal and disposal of waste, rubble, fittings, wiring, packaging and old equipment; and any permits, network or utility charges.

4. Acceptance and formation of contract

4.1 A binding contract is formed when the Customer accepts a Quotation in writing, places an order, pays a deposit, or otherwise authorises the Company to commence work, whichever occurs first.

4.2 Acceptance constitutes the Customer’s agreement to these Terms.

5. Deposits and payment

5.1 The Company may require a deposit of [insert %] of the quoted price before commencing work or ordering materials.

5.2 Unless otherwise agreed in writing, payment in full is due [insert, e.g. within 7 days of the date of invoice / on completion of the works].

5.3 For projects extending beyond 30 days, the Company may issue progress claims and require stage payments.

5.4 Payment may be made by the methods specified on the Company’s invoice. The Company does not store full card details; card payments are handled by third-party payment providers.

5.5 If the Customer fails to pay any amount by its due date, the Company may: (a) charge interest on the overdue amount at [insert rate, e.g. the rate prescribed under the Penalty Interest Rates Act / a stated annual rate], calculated daily; (b) suspend further work or supply; (c) recover all reasonable costs of recovery, including debt collection and legal costs; and (d) exercise its rights in respect of title under clause 8.

6. Variations and additional work

6.1 Any variation to the agreed scope of work must be agreed in writing before the variation work commences, wherever practicable.

6.2 Additional work not covered by the Quotation will be charged at the Company’s applicable hourly rates plus the cost of materials.

7. Customer obligations and site access

7.1 The Customer must provide the Company’s personnel with safe, clear and timely access to the Site, and the use of adequate Site amenities at no cost to the Company.

7.2 The Customer must inform the Company of all relevant general and specific safety requirements, and of the location of any concealed services, hazards or hazardous materials (including asbestos), as and when they arise.

7.3 The Customer warrants that the information it provides to the Company is accurate and complete, and that it is authorised to request the Services in respect of the Site.

7.4 The Customer is responsible for obtaining any approvals or permissions required from third parties (for example landlords, body corporates, or network/utility providers) where these are not expressly the Company’s responsibility.

8. Risk and retention of title

8.1 Risk in the Goods passes to the Customer on delivery to the Site or to the Customer, whichever is earlier.

8.2 Title in the Goods does not pass to the Customer until the Company has received payment in full of all amounts owing by the Customer to the Company. Until title passes, the Customer holds the Goods as bailee for the Company, and the Company may enter the Site to recover the Goods if payment is overdue.

8.3 The Customer acknowledges that these Terms constitute a security agreement for the purposes of the Personal Property Securities Act 2009 (Cth) and that the Company may register its interest in the Goods.

9. Warranties

9.1 Installation warranty. The Company warrants its workmanship, and associated ductwork and materials, on new installations for a period of 12 (twelve) months from completion. Where a defect arises within this period that is attributable to the Company’s workmanship, the Company will repair the relevant work or product.

9.2 Service warranty. The Company warrants its workmanship on service and repair work for a period of 3 (three) months from completion. Where a defect associated with the initial service work arises within this period, the Company will perform the relevant works again.

9.3 Manufacturer warranties. Warranties on new air conditioning units and new parts are subject to the relevant manufacturer’s warranty terms. Where permitted by law, if a manufacturer’s assessment determines that a claim does not fall within the manufacturer’s warranty terms, the Customer must pay for all work undertaken in carrying out the repair.

9.4 Claim costs. Unless otherwise required by law, all costs of freight and travel associated with making a claim under the Company’s warranties are payable by the Customer.

9.5 Exclusions. The Company’s warranties do not cover: fair wear and tear; misuse, neglect or accidental damage; goods or works not supplied or performed by the Company; alterations, tampering or repairs carried out by third parties; or failures caused by power supply issues, weather events, pests or factors beyond the Company’s control.

10. Australian Consumer Law

10.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the ACL that cannot lawfully be excluded.

10.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. For goods, you are entitled to a replacement or refund for a major failure, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

10.3 The benefits given by the Company’s warranties in clause 9 are in addition to any rights and remedies the Customer has under the ACL.

11. Limitation of liability

11.1 To the maximum extent permitted by law, and subject to the ACL and clause 10, the Company’s total liability to the Customer arising out of or in connection with the supply of Goods or Services is limited, at the Company’s election, to: (a) the re-supply of the Goods or Services; or (b) a refund of the price paid for the relevant Goods or Services.

11.2 To the maximum extent permitted by law, the Company is not liable for any indirect, special or consequential loss, or for loss of profit, revenue or business, however arising.

11.3 The Company is not responsible for pre-existing defects, faults or non-compliant work at the Site that were not caused by the Company.

12. Cancellation and rescheduling

12.1 If the Customer cancels or reschedules booked works at short notice, the Company may charge for materials already ordered, work already performed, and reasonable costs incurred as a result.

12.2 The Company may cancel or reschedule works where Site conditions are unsafe, access is not provided, or circumstances beyond its reasonable control prevent the work from proceeding.

13. Force majeure

The Company is not liable for any delay or failure to perform its obligations where the delay or failure is caused by circumstances beyond its reasonable control, including extreme weather, natural disaster, supply chain disruption, industrial action, or acts of government.

14. Intellectual property

All designs, drawings, plans, specifications and other materials prepared by the Company remain the intellectual property of the Company and may not be used or reproduced by the Customer for any purpose other than the works to which they relate without the Company’s written consent.

15. Privacy

The Company collects and handles personal information in accordance with its Privacy Policy, available at https://nc-electrical.com.au/privacy-policy/.

16. Dispute resolution

The parties will attempt to resolve any dispute in good faith by negotiation before commencing legal proceedings, except where urgent interlocutory relief is required.

17. Governing law and jurisdiction

These Terms are governed by the laws of the Northern Territory of Australia and the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of the Northern Territory.

18. General

18.1 Entire agreement. These Terms contain the entire agreement between the parties and may only be varied by agreement in writing.

18.2 Severance. Any provision found to be void, unenforceable or illegal may, to that extent, be severed without affecting the remaining provisions.

18.3 Waiver. No waiver by the Company of any term, or failure to exercise a right or remedy, constitutes a further or continuing waiver of that or any other term, right or remedy.

18.4 Assignment. The Customer may not assign its rights or obligations under these Terms without the Company’s written consent.

18.5 Notices. Notices may be given to the Company at 1 Nebo Road, East Arm NT 0822 or info@nc-electrical.com.au.

NC Electrical & Air Conditioning Pty Ltd — ABN 90 615 021 808 — 1 Nebo Road, East Arm NT 0822 — (08) 8947 4198 — info@nc-electrical.com.au