Banks Electrical Terms and Conditions of Service

 

CLIENT SERVICES AGREEMENT

Terms and conditions on which Banks Electrical (ABN 37 158 301 029) provides services to consumers

Banks Electrical provides services on the following terms and conditions.

1. The meaning of some words used in these terms and conditions

Commencement date means the date that this agreement is signed by you.

Materials means any materials, goods, parts or items Banks Electrical need to buy in order to perform the Services;

Parties is a reference to both Banks Electrical and You;

Premises means your address and the place where Banks Electrical will provide the Services;

Quote is the invoice issued by Banks Electrical (before commencement of the Services) estimating the scope and cost of the proposed Service(s).

Services means the assistance Banks Electrical will provide and as stated in the Quote provided by Banks Electrical.

You or Your is a reference to the person to whom Banks Electrical are providing Services and who is required to pay for the Services Banks Electrical provide.

2. Entering into a legally binding contract

(a)  A contract between You and Banks Electrical will come into force in one of two ways:

(i)  When You sign this service agreement, Banks Electrical and You will enter into a legally binding contract on the date You sign.

(ii)  Where You and Banks Electrical agree orally that Banks Electrical should provide the Services then there will be a legally binding contract on the date of the oral agreement.

(b)  Banks Electrical suggest that before You sign the Service Agreement or orally agree to Banks Electrical providing Services that You read through these terms and conditions. If You have any questions concerning them, please ask Banks Electrical.

(c)  You should keep a copy of these terms and conditions for Your records.

3. Providing the Services

(a)  Once Banks Electrical have received Your deposit and You have agreed to Banks Electricals service agreement, Banks Electrical enters into a legally binding contract with You and Banks Electrical will normally start providing the Services to You straight away or on a date agreed between You and Banks Electrical. Occasionally the Services will be provided at some other date or time or be dependent on a number of factors.

(b)  Banks Electrical aim is to always provide You with the Services:

(i)  using reasonable care and skill;

(ii) in compliance with Western Australia laws and regulations in force at the time Banks Electrical are carrying out the Services.

4. Days and times when Banks Electrical normally provide the Services and performance of Services away from the Premises

(a)  Unless You and Banks Electrical agree otherwise, Banks Electrical will provide the Services no earlier than the Commencement Date and subsequently You will contact Banks Electrical to book the appointment date and time.  

(b)  The performance of some of the Services may take place away from the Premises.

5. Materials

At the time Banks Electrical perform the Services Banks Electrical may not have all the Materials Banks Electrical need to perform the Services. This may be for a number of reasons such as:

(a)  Banks Electrical not providing an estimate and cannot reasonably establish what Materials are necessary until Banks Electrical start performing the Services; or

(b)  where Banks Electrical have provided an estimate, it may not have been reasonably possible to establish the need for particular Materials at the time Banks Electrical provided the estimate. The need for the particular Materials may only be revealed when Banks Electrical start performing the Services; or

(c)  whether or not Banks Electrical provided an estimate, the condition of an item or the area which is the subject of the Services may only become apparent when Banks Electrical start performing the Services and it was not reasonably possible to establish it until that point.

In such cases Banks Electrical may need to purchase Materials. If the Materials are available from a local supplier then Banks Electrical normally wish to travel to the supplier and purchase the Materials and return to continue performing the Services. Banks Electrical normally charge for the travel time at Banks Electricals normal charging rate. If the Materials are not available from a local supplier Banks Electrical normally order the Materials and return on another occasion to continue to perform the Services. Banks Electrical will not charge You for any time spent in obtaining Materials if Banks Electrical have brought or ordered the wrong Materials. In such circumstances Banks Electrical will normally charge for the time spent in making telephone calls to suppliers or Banks Electricals office to locate the required Materials.

6. Timing

6.1. Banks Electricals responsibility to perform the Services by particular dates

Banks Electrical aim to carry out the Services by the dates and times Banks Electrical either agree with You or notify to You. But Banks Electrical cannot guarantee or provide a firm commitment that:

(a)  Banks Electrical will start performing the Services by a specified date or time; or

(b)  Banks Electrical will complete the performance of all the Services by any specified date or time; or

(c)  the performance of any individual part of the Services will be completed by a specified date or time.

6.2. What can happen if Banks Electrical cannot start performing the Services or complete performing the Services

(a)  If Banks Electrical do not start or complete performing the Services within a reasonable period from the date(s) Banks Electrical have agreed or notified then You may either:

(i)  choose to continue to wait until Banks Electrical can start performing the Services or complete performing them; or

(ii)  terminate the contract.

(b)  Where Banks Electrical have started performing the Services and You decide You wish to terminate the contract You will only have to pay for any Services Banks Electrical have performed up to the date of termination and for any Materials which Banks Electrical have legal obligation to pay for. If You have made payment(s) to Banks Electrical in excess of the amount of Services Banks Electrical have performed or Materials Banks Electrical have purchased, Banks Electrical will return the difference to You within 28 days of the termination.

6.3. Situations or events outside our reasonable control

(a)  In addition, there are certain situations or events which occur which are not within our reasonable control (some examples are given in paragraph (b), directly below). Where one of these occurs Banks Electrical will normally attempt to recommence performing the Services as soon as the situation which has stopped Banks Electrical performing the Services has been resolved. In such circumstances there may be a delay (sometimes a substantial delay) before Banks Electrical can start or continue performing the Services.

(b)  The following are examples of events or situations which are not within our reasonable control:

(i)  if the Materials are not delivered on the date or at the time agreed with the supplier of the Materials (and it is not possible to obtain a replacement from an alternative supplier at all or within a reasonable amount of time, or the price charged by the alternative supplier is excessively higher than by the original supplier if ordered at short notice);

(ii)  where You make a change in the Services You wish Banks Electrical to perform (and this results in, for example, Banks Electrical having to do further work or wait for new or different Materials);

(iii)  where Banks Electrical have to wait for other providers of services (who have been engaged by You) to complete their work before Banks Electrical are able to perform the Services (or the relevant part of the Services dependent on the other provider if ordered at short notice);

(iv)  where Banks Electrical are unable to gain access to the Premises to carry out the Services at the times and dates Banks Electrical have agreed with You;

(v)  where the areas in the Premises have not be prepared by You as Banks Electrical and You have agreed in order for Banks Electrical to perform the Services; or

(vi)  for some other unforeseen or unavoidable event or situation which is beyond our control.

(i)  continuing to wait until Banks Electrical are able to recommence performing the Services. If You are required to make any payments during this period (for example if Banks Electrical and You have agreed that You will pay Banks Electrical in staged amounts) then Banks Electrical will not require You to make any of the payments required until Banks Electrical are able to recommence performing the Services; or

(ii)  allowing You to terminate the contract. If You choose this option, then You will only have to pay for any Services have performed up to the date of termination and for any Materials for which Banks Electrical have a legal obligation to pay. If You have made payment(s) to Banks Electrical in excess of the amount of Services Banks Electrical have performed or Materials Banks Electrical have purchased, Banks Electrical will return the difference to You within 28 days of termination.

7. Price, estimates and payment


7.1. Banks Electricals charges based on time spent

Banks Electrical normally charge for our Services on a time basis. Banks Electrical charge for each service, as stated on the Service Agreement Banks Electrical spend in providing our Services. Banks Electricals rates, excluding GST, for performing the Services are set out in this Service Agreement.

7.2. Banks Electricals charges based on an estimate

(a) If Banks Electrical provide an estimate then Banks Electrical will charge You the amount stated in the estimate rather than a charge based on the time taken in performing the Services. Note: Banks Electrical only provide estimates and not quotations or binding indications of how much Banks Electrical will charge. Estimates are normally valid for a period of 60 days from the date they are given.

(b)  As Banks Electrical provide an estimate Banks Electrical may need to charge You a higher amount than stated in the estimate. This can occur for a number of reasons, in particular where:

(i)  what You require Banks Electrical to do changes, or the amount of work or Services You

require Banks Electrical to provide increases or is different to what Banks Electrical and You agreed

before Banks Electrical started performing the Services; or

(ii)  when Banks Electrical start performing the Services, it becomes apparent that the amount of Services Banks Electrical will need to perform or the type of work that is involved is different to what Banks Electrical agreed before Banks Electrical started performing the Services and Banks Electrical could not reasonably foresee this before Banks Electrical started performing the Services.

2.     (c)  Where the amount of work involved is greater than that stated in an estimate (as set out in paragraph (b)) then following will happen:

(i)  if the amount of extra time Banks Electrical need to spend to finish performing the Services Banks Electrical will advise you and obtain Your agreement to additional Services required.

(ii)  otherwise Banks Electrical will not continue performing the Services and Banks Electrical will seek Your approval to the extra amount that You will need to pay, unless:

1.     it is not possible to contact You within a reasonable time; or

2.     it is not safe not to carry out and finish performing the Services (for

example, Your goods or premises may be left in a dangerous condition or unprotected from theft if the Services are not completed).

3.     Where there is a change to the scope of work provided in the initial Quote by Banks Electrical, a written request will be sent to confirm the additional or changed Services and an updated Quote issued.

 

7.3. When payment is required

For Quotes that exceed $2000 (excluding GST), a 50{ef26d6c31944b8be795a2cbd00609011ba5041a69fa8e6665ef73623ed2bf0e2} deposit is required before work commences.  The balance of the payment will be due on completion of the job.

For Quotes that do not exceed $2000 (excluding GST) Payment for our Services is required in full on completion of the service.

Payment can be made by cash, Electronic funds transfer or credit card.

7.4. GST

All amounts stated (whether orally or in writing) are exclusive of GST.

7.5. If You do not pay when required to

 Payment is due on completion of the service.  If payment for the service is overdue and is not received within 7 days of the due date, you agree that failure to do so gives Banks Electrical the right to:

·       accrue interest at a rate of 2{ef26d6c31944b8be795a2cbd00609011ba5041a69fa8e6665ef73623ed2bf0e2} per month on payments that exceed the due date by more than 14 days; and

·       pursue debt recovery against You on a full indemnity of costs basis.

7.6. Where You seek to not pay amounts due to Banks Electrical

If you choose not to proceed with the Service, you will pay any amount owing to Banks Electrical including travel costs and the full cost of the cancelled service.

8. Exclusion and limitation of liability

(a)  Banks Electrical do not exclude or limit liability for our negligence or negligent omission which causes You personal injury or death.

(b)  Banks Electrical shall only be liable for any loss or damage suffered by You which is a reasonably foreseeable consequence of a breach by Banks Electrical of this contract. In the event that any loss or damage suffered by You relates to Your business activities then Banks Electrical exclude all liability for any business loss and in particular Banks Electrical exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.

9. Intellectual property

(a)  Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) from the Banks Electrical website and in all of the material (including all text, graphics, logos, audio and software) made available from the website or provided to you (Content).

(b)  Your use of the Banks Electrical website including use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

(c)  Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

(d)  All other use, copying or reproduction of the Banks Electrical website, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of information provided to you for the purpose of viewing the Content for your own personal use.

 

10.Termination of contract by You

(a) Once Banks Electrical and You enter into a binding contract (including a confirmed appointment date and time) You will be liable to pay for the appointment if a minimum of twenty four (24) hours notice is not given to Banks Electrical.  You will not be able to terminate the contract without payment, except where Banks Electrical agree or as otherwise provided for in this contract.

(b) If Banks Electrical agrees to terminate the contract then You will be responsible for the cost of:

(i)  any of Banks Electricals time in performing the Services up to the date Banks Electrical stop providing the Services;

and

(ii)  any Materials Banks Electrical are contractually committed to buying up to the date of termination (whether or not Banks Electrical need to pay for them before or after the date the contract between Banks Electrical and You is terminated). Any Materials Banks Electrical have purchased (but not used in performing the Services) will be delivered to You.

(c) In the circumstances stated in paragraph (b) Banks Electrical will first deduct the amounts for which You are responsible from any deposit You have paid. Any remaining deposit will be returned to You. If the amount owing is greater than the deposit Banks Electrical will return invoice You for the amount in excess of the deposit.

 

(d) If You:

(i)  purport to terminate the contract; or

(ii)  give notice purporting to terminate the contract; or

(iii)  otherwise do not fulfil Your obligations (such as by not paying any sums

due to be paid to Banks Electrical) in a way which amounts to You terminating the contract,

Banks Electrical do not have to accept Your termination of the contract except as provided in paragraph (b) or as otherwise provided for in this contract. However, Banks Electrical may choose to accept termination of the contract, and if Banks Electrical choose to do so You will be required to pay to Banks Electrical a reasonable amount for the losses and costs (including loss of profit) Banks Electrical have suffered. If You have paid a deposit, this will be retained and if Banks Electrical reasonable losses and costs (including loss of profit) are greater than the deposit Banks Electrical have retained Banks Electrical will require You to pay for Banks Electrical losses and costs in excess of the deposit retained.

11. Amendments to the contract terms and conditions

Banks Electrical will have the right to amend the terms and conditions of this contract where Banks Electrical need to:

(a) do so in order to comply with changes in the law or for regulatory reasons; or
(b) change the rates charged for the provision of Services as provided for in clause 7; or
(c) correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long as such correction is minor and does not materially affect the contract; or
(d) correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract.

Where Banks Electrical are making any amendment Banks Electrical will give You 30 days’ prior notice (unless the contract is terminated before that period).

 

12. Contacting each other

(a)  You can always telephone (Banks Electricals contact number is 0499 576 100)

(b)  However, for important matters Banks Electrical suggest that You use writing and send any communications by post to PO Box 85 Thornlie WA 6988 or email to abanks@bankselectrical.com.au

If You wish to send Banks Electrical any notice or letter, then it needs to be sent to Banks Electrical PO Box 85 Thornlie WA 6988. If Banks Electrical wish to send You a letter or notice Banks Electrical will use the address You have provided.

13.Law and jurisdiction

This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Western Australia, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Western Australia.