Service Terms & Conditions

1. Definitions

1.1. “Contractor” means Creek 2 Coast Electrical Pty Ltd [ABN 48 608 384 523] its successors and assigns or any person acting on behalf of and with the authority of Creek 2 Coast Electrical Pty Ltd.

1.2. “Client” means the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorisation or other form as provided by the Contractor to the Client.

1.3. “Goods” means Goods supplied by the Contractor to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Contractor to the Client.

1.4. “Services” means all Services supplied by the Contractor to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

1.5. “Price” means the price payable for the Goods as agreed between the Contractor and the Client in accordance with clause 4 of this contract.

1.6. “Variation” means changes to the original scope of works, including changes that are beyond the control of the Contractor such as staggered timelines rather than continuous working days, delayed building works, change in equipment schedule, damage or interference of installed equipment by others, or any other circumstances beyond the control of the Contractor. It also includes expenses which arise from hidden or unknown contingences found at the job site that were not observable at the time of the site inspection, or were not clearly communicated by the Client during initial discussions regarding job specifications so as to be included in the original quotation.

1.7. "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), medical insurance details or next of kin and other contact information (where applicable), previous credit applications, credit history) and pricing details.

1.9 “Cookies” means small files which are stored on a user’s computer. They are designed to hold a modest amount of data (including Personal Information) specific to a particular client and website, and can be accessed either by the web server or the client’s computer. If the Client does not wish to allow Cookies to operate in the background when using the Supplier’s website, then the Client shall have the right to enable / disable the Cookies first by selecting the option to enable / disable provided on the website, prior to making enquiries via the website.

1.10. A “Supplier is anyone – including a trader, a retailer or a service provider – who, in trade or commerce, sells products or services to a consumer.

1.11. A “manufacturer” is a person or business that makes or puts products together or has their name on the products. It includes the importer, if the maker does not have an office in Australia. Trade or commerce means in the course of a supplier’s or manufacturer’s business or professional activity, including a not-for-profit business or activity.

1.12. A “consumer” is a person who buys any of the following:

2. Australian Consumer Law (“ACL”) and Fair Trading Acts (“FTA”)

2.1. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the ACL or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.

3. Acceptance

3.1. Any instructions received by the Contractor from the Client for the supply of Goods and/or the Client’s acceptance of Goods supplied by the Contractor shall constitute acceptance of the terms and conditions contained herein.

3.2. Where more than one Client has entered into this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

3.3. Upon acceptance of these terms and conditions by the Client the terms and conditions are binding and can only be amended with the written consent of the Contractor.

3.4. The Client shall give the Contractor not less than 7 days prior written notice of any proposed change of ownership of the Client or any change in the Client’s name and/or any other change in the Client’s details (including but not limited to, changes in the Client’s address, facsimile number, or business practice). The Client shall be liable for any loss incurred by the Contractor as a result of the Client’s failure to comply with this clause.

3.5. The Contractor reserves the right to make any changes to the Quote if the 14 days’ lapses.

4. Price and Payment

4.1. At the Contractor’s sole discretion, the Price shall be either:

(a) as indicated on invoices provided by the Contractor to the Client in respect of Goods supplied; or

(b) the Contractor’s quoted Price (subject to clause 4.2) which shall be binding upon the Contractor provided that the Client shall accept the Contractor’s quotation in writing within 14 days.

4.2. The Contractor reserves the right to change the Price in the event of a Variation to the Contractor’s quotation.

4.3. The Contractor requires a 20-50% deposit of the Price to be paid at the time of acceptance of the Contractor’s quotation if the Price is more than $1000. Goods shall not be ordered by the Contractor until receipt of the 20-50% deposit.

4.4. The Contractor may issue progress claims on or from the last day of each week, month or stage of the project. For all other works, payment terms are strictly 7 days from date of invoice.

4.5. Payment will be made by cash, or by bank cheque, or by direct credit, or by any other method as agreed to between the Client and the Contractor.

4.6. GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

4.7. Cancellation of a job booked in which a deposit has been paid will incur a $150 restocking fee

4.8. The Contractor reserves the right to change the Price:

(a) if a variation to the Goods which are to be supplied is requested; or

(b) if a variation to the Services originally scheduled (including any applicable plans or specifications) is requested; or

(c) where additional Services are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, poor weather conditions, limitations to accessing the site, availability of machinery, safety considerations, prerequisite work by any third party not being completed, change of design, obscured building defects, hidden pipes and wiring in walls etc.) which are only discovered on commencement of the Services; or

(d) in the event of increases to the Contractor in the cost of labour or materials which are beyond the Contractor control.

4.9. Variations will be charged for on the basis of the Contractor’s quotation, and will be detailed in writing, and shown as variations on the Contractor’s invoice. The Client shall be required to respond to any variation submitted by the Contractor within ten (10) working days. Failure to do so will entitle the Supplier to add the cost of the variation to the Price. Payment for all variations must be made in full at the time of their completion.

4.10 At the Contractor’s sole discretion a deposit may be required. This deposit can act as the acceptance of the quote. Time for payment for the Goods being of the essence, the Price will be payable by the Client on the date/s determined by the Contractor, which may be:

(a) on delivery of the Goods;

(b) before delivery of the Goods;

(d) the date specified on any invoice or other form as being the date for payment; or

(e) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Contractor.

4.11 Payment may be made by cash, bank cheque, electronic/on-line banking, or by any other method as agreed to between the Client and the Contractor before the set date on the invoice or if not stated 7days from the invoice date.

4.12 The Contractor may in its discretion allocate any payment received from the Client towards any invoice that the Contractor determines and may do so at the time of receipt or at any time afterwards. On any default by the Client the Contractor may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Contractor, payment will be deemed to be allocated in such manner.

4.13 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Contractor nor to withhold payment of any invoice because part of that invoice is in dispute.

4.14 Unless otherwise stated the Price does not include GST. In addition to the Price, the Client must pay to the Contractor an amount equal to any GST the Contractor must pay for any supply by the Contractor under this or any other Contract for the sale of the Goods. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

4.15. If there is any error or omission in the Quote, the Contractor 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 Creek 2 Coast Electrical.

4.16. The contractor holds the rights to any of its Certification and will not be provided to the client until payment in full has been received.

5. Delivery of Goods

5.1. Delivery of the Goods shall take place when the Client takes possession of the Goods at the Client’s nominated address.

5.2. At the Contractor’s sole discretion, the costs of delivery are: (a) included in the Price; or (b) in addition to the Price.

5.3. The Client shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Goods as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery.

5.4. Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.

5.5. The Contractor may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.

5.6. The failure of the Contractor to deliver shall not entitle either party to treat this contract as repudiated.

5.7. The Contractor shall not be liable for any loss or damage whatever due to failure by the Contractor to deliver the Goods (or any of them) promptly or at all where due to circumstances beyond the control of the Contractor

5.8 Any time specified by the Contractor for delivery of the Goods is an estimate only and the Contractor will not be liable for any loss or damage incurred by the Client as a result of delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. In the event that the Contractor is unable to supply the Goods as agreed solely due to any action or inaction of the Client, then the Supplier shall be entitled to charge a reasonable fee for redelivery and/or storage.

5.9. - The Customer hereby irrevocably grants to the Contractor the right, at its sole discretion, to remove or repossess any Goods from the Customer and sell or dispose of them, and the Contractor shall not be liable to the Customer or any person claiming through the Customer and the Contractor shall be entitled to retain the proceeds of any Goods sold and apply same towards the Customer's indebtedness to the Contractor. If the Customer commits an act of bankruptcy, enters into any form of administration or liquidation, makes any composition or arrangement with its creditors, ceases to carry on business or breaches any fundamental clause of this agreement, then the Contractor may, without prejudice to any other remedies it may have, repossess any Goods delivered to the Customer on any account which has not been paid in accordance with the Terms and Conditions herein and commence proceedings to recover the balance of any money owing the Contractor by the Customer.

6. Risk

6.1. If the Contractor retains ownership of the Goods nonetheless, all risk for the Goods passes to the Client on delivery.

6.2. If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Client, the Contractor is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by the Contractor is sufficient evidence of the Contractor’s rights to receive the insurance proceeds without the need for any person dealing with the Contractor to make further enquiries.

6.3. The Contractor shall not be held responsible for any damage to the Goods caused by outside agents. Where the Client requests the Contractor to repair such damage then the Contractor reserves the right to charge the Client for any costs incurred in rectifying such damage.

6.4 Where the Client requests the re-use of existing materials or the supply of third-party materials (including, but not limited to, existing cabling, power points, switches, conduit, bulbs, light fixtures, circuit protection devices), no responsibility shall be taken by the Contractor for the appearance, service or performance of the materials.

6.5 It is the sole responsibility of the Customer to check and confirm the order with the Contract prior to signing the Quote. The Contractor l will not be held liable for incorrect order or work completed.

7. Title

7.1. The Contractor and Client agree that ownership of the Goods shall not pass until: (a) the Client has paid the Contractor all amounts owing for the particular Goods; and (b) the Client has met all other obligations due by the Client to the Contractor in respect of all contracts between the Contractor and the Client.

7.2. Receipt by the Contractor of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then the Contractor’s ownership or rights in respect of the Goods shall continue.

7.3. It is further agreed that:

(a) where practicable the Goods shall be kept separate and identifiable until the Contractor shall have received payment and all other obligations of the Client are met; and

(b) until such time as ownership of the Goods shall pass from the Contractor to the Client the Contractor may give notice in writing to the Client to return the Goods or any of them to the Contractor. Upon such notice the rights of the Client to obtain ownership or any other interest in the Goods shall cease; and

(d) if the Client fails to return the Goods to the Contractor then the Client irrevocably authorises the Contractor or the Contractor’s agent to enter upon and into land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where the Goods are situated and to take possession of the Goods; and

(e) the Client is only a Bailee of the Goods and until such time as the Contractor has received payment in full for the Goods then the Client shall hold any proceeds from the sale or disposal of the Goods, up to and including the amount the Client owes to the Contractor for the Goods, on trust for the Contractor; and

(f) the Client shall not deal with the money of the Contractor in any way which may be adverse to the Contractor; and

(g) the Client shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of the Contractor; and

(h) the Contractor can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Client; and

(i) until such time that ownership in the Goods passes to the Client, if the Goods are converted into other products, the parties agree that the Contractor will be the owner of the end products.

8. Defects

8.1. The Client shall inspect the Goods on delivery and shall within 7 days of delivery (time being of the essence) notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Client shall afford the Contractor an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way. If the Client shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Contractor has agreed in writing that the Client is entitled to reject, the Contractor’s liability is limited to either (at the Contractor’s discretion) replacing the Goods or repairing the Goods except where the Client has acquired Goods as a consumer within the meaning of the ACL or the Fair Trading Acts of the relevant state or territories of Australia, and is therefore also entitled to, at the consumer’s discretion either a refund of the purchase price of the Goods, or repair of the Goods, or replacement of the Goods.

8.2. Goods will not be accepted for return other than in accordance with 8.1 above.

9. Warranty

9.1. Subject to the conditions of warranty set out in clause 9.2 the Contractor warrants that if any defect in any workmanship of the Contractor becomes apparent and is reported to the Contractor within twelve (12) months of the date of delivery (time being of the essence) then the Contractor will either (at the Contractor’s sole discretion) replace or remedy the workmanship.

9.2. The conditions applicable to the warranty given by clause 9.1 are: (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: (i) failure on the part of the Client to properly maintain any Goods; or (ii) failure on the part of the Client to follow any instructions or guidelines provided by the Contractor; or (iii) any use of any Goods otherwise than for any application specified on a quote or order form; or (iv) the continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or (v) fair wear and tear, any accident or act of God. (b) the warranty shall cease and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent. (c) in respect of all claims the Contractor shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim.

9.3. For Goods not manufactured by the Contractor, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Contractor shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

9.4 The warranty shall cease and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the works are repaired, altered or overhauled without the Contractors express written consent.

9.5. This warranty does not cover the following

This warranty does not cover the following:

Consumables including light globes, fluorescent tubes, batteries, fuses or filters
Normal maintenance costs
Product recalls

Damage caused by:

Negligent, accidental, or deliberate misuse
Unauthorized repairs or modifications
Liquid penetration
Electrical interferences, power surges, voltage fluctuations, or lightning
Vermin, pests, or insects
Rust or corrosion
Abnormal or excessive usage

10. Intellectual Property

10.1. Where the Contractor has designed, drawn or written Goods for the Client, then the copyright in those designs and drawings and documents shall remain vested in the Contractor, and shall only be used by the Client at the Contractor’s discretion.

10.2. The Client warrants that all designs or instructions to the Contractor will not cause the Contractor to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify the Contractor against any action taken by a third party against the Contractor in respect of any such infringement.

11. Default & Consequences of Default

11.1. Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month and such interest shall compound monthly at such a rate after as well as before any judgment.

11.2. If the Client defaults in payment of any invoice when due, the Client shall indemnify the Contractor from and against all
11.3. Invoices that are not settled within 7 days from the date of issued will be deemed a payment default.
11.4. Payment defaults that are 30 days or more overdue may be handed over to a debt collection agency. In this instance, the Customer agrees to indemnify the Contractor from and against all costs and disbursements incurred by the Contractor in pursing the debt including legal costs for a solicitor and any applicable collection agency costs. These costs will remain at the expense of the Customer(s).
11.5. If at any time, the Contractor believes the client is in breach of any obligation outlined within these terms and conditions (including those relating to payment), the Contractor may suspend or terminate the supply of goods and services to the Client. The Contractor will not be liable to the Customer for any loss or damage incurred as a result of the Contractor exercising its rights under this clause.

12. Security and Charge

12.1. Despite anything to the contrary contained herein or any other rights which the Contractor may have howsoever:

(a) where the Client is the owner of land, realty or any other asset capable of being charged, the Client agrees to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to the Contractor or the Contractor’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Client acknowledges and agrees that the Contractor (or the Contractor’s nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.

(b) should the Contractor elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Client shall indemnify the Contractor from and against all the Contractor’s costs and disbursements including legal costs on a solicitor and own client basis.

(c) the Client agrees to irrevocably nominate constitute and appoint the Contractor or the Contractor’s nominee as the Client’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

13. Cancellation

13.1. The Contractor may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Client. On giving such notice the Contractor shall repay to the Client any sums paid in respect of the Price. The Contractor shall not be liable for any loss or damage whatever arising from such cancellation.

13.2. In the event that the Client cancels delivery of Goods the Client shall be liable for any loss incurred by the Contractor (including, but not limited to, any loss of profits) up to the time of cancellation.

14. Privacy Act 1988

14.1. The Client agrees for the Contractor to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Contractor.

14.2. The Client agrees that the Contractor may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes: (a) to assess an application by Client; and/or (b) to notify other credit providers of a default by the Client; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or (d) to assess the credit worthiness of Client.

14.3. The Client consents to the Contractor being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).

14.4. The Client agrees that personal credit information provided may be used and retained by the Contractor for the following purposes and for other purposes as shall be agreed between the Client and Contractor or required by law from time to time: (a) provision of Goods; and/or (b) marketing of Goods by the Contractor, its agents or distributors in relation to the Goods; and/or (c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to provision of Goods; and/or (d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Client; and/or (e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Goods.

14.5. The Contractor may give information about the Client to a credit reporting agency for the following purposes: (a) to obtain a consumer credit report about the Client; and/or (b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.

15. Building and Construction Industry Payments Act 2004 (QLD)

15.1. At the Contractor’s sole discretion, if there are any disputes or claims for unpaid Goods and/or Services then the provisions of the Building and Construction Industry Payments Act 2004 may apply.

15.2. Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Act 2004 of QLD, except to the extent permitted by the Act where applicable.

16. Personal Property and Securities Register

16.1. The Client acknowledges that pursuant to these terms and conditions they grant to the Contractor a Security Interest in the Secured Property and, for avoidance of doubt, the proceeds of sale of the Secured Property for the purposes of the PPSA.

(a) The Client consents to the Contractor effecting a registration on the PPSR in relation to the Security Interest arising out of or in connection with these terms and conditions and the Client agrees to provide all assistance required by the Contractor to facilitate this. (b) The Client acknowledges and agrees that in relation to the part of the Secured Property that is inventory, the Client will not allow any Security Interest to arise in respect of that Secured property unless the Contractor has perfected its Security Interest in the Secured Property prior to the Client’s possession of the Secured Property. (c) If the Client makes payment to the Contractor at any time whether in connection with these terms and conditions or otherwise, the Contractor may, at its absolute discretion, apply that payment in any manner it sees fit. (d) The Client agrees to immediately notify the Contractor of any changes to its name or address. (e) The Client agrees to do anything the Contractor requests the Client to do: to provide more effective security over the Secured Property; to register in respect of a Security Interest constituted by these terms and conditions at any time; to enable the Contractor to exercise its rights in connection with the Secured Property; and to show the Contractor whether the client has complied with these terms and conditions. (f) The Client shall pay on demand any losses arising from, and any costs and expenses incurred in connection with, any action taken by the Contractor under or in relation to the PPSA, including any registration, or any response to an amendment, demand or a request under section 275 of the PPSA. (g) Any notices or documents which are required or permitted to be given to the Contractor for the purposes of the PPSA must be given in accordance with the PPSA. (h) The Client waives the right to receive any notice under the PPSA (including notice of a verification statement) unless the notice is required by the PPSA and cannot be excluded.

17. General

17.1. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

17.2. These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.

17.3. The Contractor shall be under no liability whatever to the Client for any indirect loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Contractor of these terms and conditions.

17.4. In the event of any breach of this contract by the Contractor the remedies of the Client shall be limited to damages which under no circumstances shall exceed the Price of the Goods.

17.5. The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Contractor.

17.6. The Contractor may license or sub-contract all or any part of its rights and obligations without the Client’s consent.

17.7. The Client agrees that the Contractor may review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which the Contractor notifies the Client of such change.

17.8. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.

17.9. The failure by the Contractor to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Contractor’s right to subsequently enforce that provision. 17.10. No changes to these terms and conditions can be made without the written consent of the Director of the Contractor.

17.10. The contractor may use any of their projects for marketing and public relations purposes.

17.11. Unless stated otherwise, the Contractor costs quoted are assumed to be standard working hours between the hours of 7:00am-4:30pm Monday-Friday. Work required outside these hours may attract out of hours’ premium rates.

18. Compliance

18.1. The Customer and the Contractor shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the works.
18.2. All works completed by the Contractor are compliant with AS/NZS 3000.
18.3. Where required, the Customer shall obtain (at their own expense) all licenses and approvals that may be required for the works.
18.4. The Customer agrees that the site will comply with any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
18.5. The Contractor reserves the right to suspend services should they identify the site does not comply accordingly with occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation. In this instance, Munn Electrical will not be liable for any losses or damages incurred by the Customer while these safety breaches are rectified or resolved.