Taspro Electrical Pty Ltd

Terms and Conditions of Trade

1. Acceptance

1.1 These Terms and Conditions apply to all quotations, estimates, work orders, invoices and services supplied by Taspro Electrical Pty Ltd ("Taspro Electrical", "we", "our" or "us").

1.2 By accepting a quotation, requesting our services, instructing us to commence work, or making any payment, the Customer agrees to be bound by these Terms and Conditions.

2. Quotations

2.1 Quotations are valid for thirty (30) days unless otherwise stated.

2.2 Quotations are based on the information available at the time of quoting.

2.3 Quotations exclude work arising from unforeseen conditions unless expressly stated.

3. Variations

3.1 Any variation requested by the Customer, or required due to unforeseen site conditions, changes in specifications, hidden services, structural defects, asbestos, non-compliant existing installations or delays outside our control may result in additional charges.

3.2 Variations may be charged at our current labour rates together with the cost of materials and associated expenses.

4. Pricing

4.1 Prices are in Australian Dollars and include GST unless stated otherwise.

4.2 Material price increases outside our control occurring after acceptance of a quotation may be passed on where permitted by law.

5. Payment

5.1 Payment is due in accordance with the payment terms stated on the invoice.

5.2 Taspro Electrical may require deposits or progress payments.

5.3 Ownership of goods supplied remains with Taspro Electrical until all monies owing have been paid in full.

5A. No Set-Off

The Customer must pay all amounts due under these Terms and Conditions in full, without deduction, withholding, counterclaim or set off. The existence of any dispute, claim or alleged defect does not relieve the Customer of their obligation to pay any undisputed amount by the due date. Any dispute regarding the goods or services supplied must be raised separately and in good faith and does not entitle the Customer to withhold payment.

5B. Suspension of Services

Taspro Electrical Pty Ltd may suspend or cease supplying goods or services if any payment remains overdue or if the Customer breaches these Terms and Conditions. Taspro Electrical Pty Ltd will not be liable for any loss or delay resulting from the suspension of work.

5C. Collection Costs

Any payments received may be applied by Taspro Electrical Pty Ltd towards outstanding interest, recovery costs, fees, or invoices in any order determined by Taspro Electrical Pty Ltd.

5D. Insolvency

If the Customer becomes insolvent, enters into administration, liquidation, bankruptcy, or any arrangement with creditors, or if Taspro Electrical Pty Ltd reasonably believes the Customer may be unable to pay its debts as they fall due, all monies owing to Taspro Electrical Pty Ltd become immediately due and payable, and Taspro Electrical Pty Ltd may suspend or terminate any outstanding work without liability.

6. Interest and Recovery Costs

If any invoice remains unpaid after the due date, Taspro Electrical Pty Ltd may charge interest on the outstanding balance at the rate of 2% per calendar month, calculated monthly, from the invoice date until payment is received in full. Such interest is payable in addition to the outstanding balance.

The Customer further agrees to pay all reasonable costs and expenses incurred by Taspro Electrical Pty Ltd in recovering any overdue amount, including, but not limited to, administration fees and all costs of recovery, including debt collection agency fees, legal costs (on a solicitor and own client basis), court costs, and enforcement costs.

7. Customer Responsibilities

The Customer must:

• provide safe and unrestricted access to the site.

• ensure electricity, water and other required services are available where applicable.

• disclose any known hazards.

• obtain all necessary approvals unless otherwise agreed.

Additional charges may apply where work is delayed or access is restricted.

8. Unforeseen Conditions

Taspro Electrical is not responsible for concealed wiring, asbestos, hazardous materials, defective existing installations, hidden services or structural conditions that could not reasonably have been identified before commencing work.

Any additional work required will be treated as a variation.

9. Workmanship

Taspro Electrical warrants that workmanship will be carried out with reasonable care and skill and in accordance with applicable Australian Standards and legislation.

Manufacturer warranties apply to products supplied where applicable.

10. Defects

The Customer must notify Taspro Electrical of any alleged defect within a reasonable time after discovery.

Taspro Electrical will be given reasonable access to inspect and rectify any defective workmanship before another contractor is engaged.

11. Liability

To the maximum extent permitted by law, Taspro Electrical's liability is limited to rectifying defective workmanship or replacing defective goods supplied by us.

Taspro Electrical is not liable for indirect, consequential or economic loss, loss of profits, business interruption or damage arising from circumstances beyond our reasonable control.

Nothing in these Terms excludes any rights that cannot lawfully be excluded under the Australian Consumer Law.

12. Delays

Taspro Electrical is not liable for delays caused by weather, supply shortages, industrial action, power outages, customer delays, government requirements or other circumstances beyond our reasonable control.

13. Cancellations

The Customer may cancel work before commencement; however, Taspro Electrical may recover all costs reasonably incurred, including materials ordered, labour performed and administration costs.

14. Force Majeure

Taspro Electrical is not liable for failure to perform obligations where prevented by events beyond its reasonable control.

15. Privacy

Personal information is handled in accordance with our Privacy Policy.

16. Governing Law

These Terms are governed by the laws of Tasmania.

Any dispute shall be subject to the jurisdiction of the courts of Tasmania.

17. Entire Agreement

These Terms constitute the entire agreement between the parties unless otherwise agreed in writing.

If any provision is held invalid, the remaining provisions continue in full force and effect.

 

18. Electronic Acceptance

The Customer acknowledges and agrees that acceptance of any quotation, estimate or proposal may be provided electronically, including by email, SMS, online acceptance, electronic signature or by instructing Taspro Electrical Pty Ltd to commence work. Such acceptance constitutes acceptance of these Terms and Conditions and forms a legally binding agreement.

19. Retention of Title and PPSA

19.1 Ownership of all goods and materials supplied by Taspro Electrical Pty Ltd remains with Taspro Electrical Pty Ltd until all amounts owing by the Customer have been paid in full.

19.2 The Customer grants Taspro Electrical Pty Ltd a security interest in all goods supplied until payment is received in full. Where applicable, the Customer agrees to do all things reasonably required to enable Taspro Electrical Pty Ltd to register and maintain its security interest under the Personal Property Securities Act 2009 (Cth).

19.3 The Customer must not sell, dispose of, or otherwise deal with any unpaid goods in a manner that may prejudice Taspro Electrical Pty Ltd's security interest.

20. Photography and Marketing

Taspro Electrical Pty Ltd may photograph completed works for quality assurance, record keeping, warranty purposes and marketing. Photographs will not intentionally identify the Customer or disclose personal information without the Customer's prior consent.

21. Compliance and Safety

The Customer is responsible for ensuring the work site is safe and complies with all applicable workplace health and safety requirements. Taspro Electrical Pty Ltd reserves the right to suspend or refuse work where unsafe conditions exist until those conditions have been rectified. Any resulting delays or additional costs may be charged to the Customer.

22. Permits and Approvals

Unless expressly agreed otherwise in writing, the Customer is responsible for obtaining all approvals, permissions, easements or consents required for the works. Where Taspro Electrical Pty Ltd obtains permits or approvals on the Customer's behalf, all associated costs will be payable by the Customer.

23. Abandoned or Uncollected Goods

Any goods, materials or equipment left with Taspro Electrical Pty Ltd for repair or collection that remain unclaimed for more than ninety (90) days after notification may be disposed of or sold to recover storage, administration and disposal costs, to the extent permitted by law.

24. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

25. Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all previous negotiations, representations and agreements relating to the services provided by Taspro Electrical Pty Ltd.