Standard Terms and Conditions of Trade

JRMT ELECTRICAL PTY LTD ABN 64 650 381 016
Effective: 2026

1. Definitions and interpretation

1.1 Definitions

In these Terms and Conditions:

“ACL” means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

“BIF Act” means the Building Industry Fairness (Security of Payment) Act 2017 (Qld);

“Business Day” means a day that is not a Saturday, Sunday or public holiday in Queensland;

“Client” means the individual, company, partnership or entity requesting or accepting a Quote, placing an order, or otherwise engaging the Contractor to perform Works, and includes any authorised representative, agent or person acting on behalf of the Client;

“Completion Date” means the date (if any) specified in the Quote or as otherwise agreed in writing for completion of the Works;

“Contract” means the legally binding agreement between the Contractor and the Client incorporating these Terms and Conditions and any Quote or written Variation;

“Contractor” means JRMT Electrical Pty Ltd (ABN 64 650 381 016), its officers, employees, subcontractors and authorised agents;

“Electrical Work” means any work defined as electrical work under the Electrical Safety Act 2002 (Qld);

“Goods” means all materials, parts, equipment or other items supplied by the Contractor as part of the Works;

“PPSA” means the Personal Property Securities Act 2009 (Cth);

“Price” means the total amount payable by the Client for the Goods and Works;

“Quote” means the Contractor’s written or verbal quotation for the Works;

“Site” means the location where the Works are to be performed;

“Variation” means any change to the agreed scope of works, including extra or omitted work, unforeseen site conditions, or delays beyond the Contractor’s control;

“Works” means all electrical work, installation, maintenance, testing, design, advice, services or related work to be performed by the Contractor.

1.2 Interpretation

Unless the context otherwise requires, headings are for convenience only and do not affect interpretation.
A communication by email or other electronic means is taken to be “in writing” for the purposes of this Contract.
References to legislation include any amendment, replacement or re-enactment of that legislation.

1.3 Unfair Contract Terms

If the Client is a “small business” within the meaning given to that term under the ACL:

the Contractor acknowledges that certain provisions of this Contract may be void if they are “unfair contract terms” within the meaning of the ACL;
if any provision is determined to be an unfair contract term, that provision is void but the remainder of this Contract continues in effect;
the Client may seek independent legal advice regarding this Contract.

2. Application

These Terms and Conditions apply to all Goods and Works supplied by the Contractor.
Unless otherwise agreed in writing by an authorised representative of the Contractor:
1. these terms prevail over any terms provided by the Client; and
2. by accepting any Quote, providing instructions, allowing the Contractor to commence work, or accepting delivery or completion of the Good and/or Works, the Client is deemed to have accepted these terms, despite any prior or subsequent document issued by the Client containing contrary terms.
The Contractor reserves the right to amend these Terms and Conditions at any time by providing written notice to the Client.
Any variations to these Terms and Conditions must be agreed in writing by a Director of the Contractor.

3. Quotes, Price and Variations

3.1 Quotes

All Quotes are valid for 30 days from the date of issue unless otherwise stated or extended in writing by the Contractor.
The Contractor may revise or withdraw a Quote at any time before acceptance is communicated by the Client to the Contractor.
Verbal quotes are indicative only and subject to written confirmation.
Quotes are based on information provided by the Client and site inspections (where conducted). The Contractor reserves the right to adjust pricing if conditions differ from those anticipated.
Unless expressly included in the Quote, the Quote and Price excludes costs for:
1. rectification of defective or non-compliant existing electrical installations;
2. asbestos removal, management or testing;
3. structural modifications or building work;
4. work required due to concealed or unforeseen conditions;
5. obtaining permits, approvals, or consents (unless specifically agreed);
6. any work outside the scope specified in the Quote.
The Client accepts a Quote by signing and returning it, confirming acceptance in writing to the Contractor, issuing a purchase order, providing verbal confirmation, or allowing the Contractor to commence work.

3.2 Price

The Price will be either:
1. as indicated on tax invoices provided by the Contractor to the Client in respect of Works rendered; or
2. subject to clause 3.3, the Price as set out in the Contractor’s Quote.
All prices are in Australian dollars and include GST unless otherwise stated.

3.3 Variations

The Price may change if there is a Variation or if Goods become unavailable (in which case the Contractor may substitute reasonable alternatives of equivalent quality and functionality).
All Client requests for Variations must be made in writing to the Contractor prior to the Works being carried out.
The Contractor will provide written notice of any Variations and associated cost adjustments where reasonably practicable.
Variations may result in additional charges and extensions to the Completion Date.

4. Payment

4.1 Deposit

A deposit of 25% of the quoted Price may be required for:
1. jobs over $1,100 (including GST); or
2. where the Contractor reasonably requires security due to the nature, value or duration of the Works.
Work will not commence until the deposit is received by the Contractor.

4.2 Progress Claims

The Contractor may issue progress claims for ongoing projects or works exceeding a duration or value agreed with the Client.
Each progress claim is payable within 7 days of the invoice date unless otherwise agreed in writing.

4.3 Final Payment

Final payment is due within 7 days of invoice date unless otherwise agreed in writing.
Time for payment is of the essence.

4.4 Payment Methods

Payments may be made by cash, electronic funds transfer (EFT), credit card, or other method approved by the Contractor.
Credit card payments may incur a surcharge in accordance with applicable regulations.

4.5 Joint and Several Liability

Where the Client consists of one or more individuals or entities, each are jointly and severally liable for payment of the full Price and all other obligations under this Contract.

4.6 Disputed Invoices

If the Contractor serves a payment claim under the BIF Act, the Client must respond by providing a payment schedule in accordance with the timeframes and requirements of the BIF Act.
For invoices that are not payment claims under the BIF Act, if the Client disputes an invoice, the Client must notify the Contractor in writing within 5 business days of receiving the invoice, identifying the disputed amount and providing detailed reasons for the dispute.
The Client must still pay all undisputed amounts by the due date.
The parties will use reasonable endeavours to resolve the dispute in accordance with clause 17.

4.7 BIF Act

The Client acknowledges that the Contractor’s rights under the BIF Act apply to this Contract where the Works constitute “construction work” as defined in the BIF Act.
Nothing in this Contract excludes, modifies or restricts the operation of the BIF Act or the Contractor’s rights under the BIF Act.
The Contractor may serve a payment claim under the BIF Act at any time in accordance with that Act, and such payment claim may be in addition to or instead of any invoice issued under clause 4.
If the Contractor serves a payment claim under the BIF Act:
1. the Client must provide a payment schedule in accordance with the BIF Act;
2. if the Client fails to provide a payment schedule, the Client becomes liable to pay the claimed amount to the Contractor on the due date for payment;
3. the Contractor may apply for adjudication of the payment claim in accordance with the BIF Act; and
4. the Contractor is not required to comply with the dispute resolution procedure in clause 17 before applying for adjudication.
The parties must comply with any adjudication decision under the BIF Act, subject to any rights of review under that Act or at law.
An adjudication decision does not prevent either party from pursuing their rights in court proceedings or arbitration to finally determine the dispute.

5. Client obligations

The Client must:
1. provide accurate and complete information about the Site, existing installations, and any known hazards or defects;
2. ensure safe and unobstructed access to the Site during normal business hours (or as otherwise agreed);
3. provide access to electricity and water at the Site if required for the Works;
4. obtain all necessary permits, approvals, consents and authorities unless otherwise agreed in writing;
5. ensure the Site is clear of furniture, equipment, and other items that may impede the Works;
6. notify the Contractor immediately of any asbestos or hazardous materials at the Site;
7. ensure all accounts are paid in accordance with clause 4;
8. provide a safe working environment and comply with all workplace health and safety obligations as the person conducting a business or undertaking at the Site; and
9. notify the Contractor in writing within 14 days of any change in ownership, name, address or contact details.
If the Client fails to comply with clause 5(a), the Contractor may:
1. suspend work until compliance is achieved;
2. charge additional fees for delays, waiting time or additional work required;
3. extend the Completion Date by a reasonable period;
4. terminate this Contract in accordance with clause 16.

6. Asbestos and hazardous materials

The Works are conditional upon the Site being free from asbestos and other hazardous materials.
If asbestos or other hazardous materials are discovered at the Site, the Contractor may immediately suspend or terminate the Works until removal and remediation occurs.
The Contractor will be entitled to:
1. a reasonable extension of time to the Completion Date; and
2. compensation for any additional costs incurred as a result of any suspension, delay, or necessary safety measures, including demobilisation and remobilisation costs.
The Client bears full responsibility for the identification, removal, disposal, associated costs and all risks related to asbestos and hazardous materials.
The Client indemnifies the Contractor against all claims, losses, damages, costs and expenses arising from the presence of asbestos or hazardous materials at the Site.

7. Unsafe wiring or equipment

The Contractor is legally required under the Electrical Safety Act 2002 (Qld) and the Electrical Safety Regulation 2013 (Qld) to:
1. disconnect, isolate or repair unsafe electrical installations, wiring or equipment; and
2. report electrical safety defects to the Electrical Safety Office Queensland where required by law.
The Client authorises the Contractor to carry out any work reasonably necessary to make the Site electrically safe and compliant with applicable laws and standards, and agrees to pay the Contractor’s reasonable costs to do so.
If the Client does not authorise the rectification work, the Client must advise the Contractor in writing before work begins. In such case:
1. the affected circuit or installation will be isolated and made safe;
2. the Contractor will report the unsafe installation to the relevant authority (Electrical Safety Office Queensland) as required by law;
3. the Contractor may suspend or terminate the Works; and
4. the Client remains liable for all costs incurred up to the point of suspension or termination.
The Contractor is not liable for any loss, damage or inconvenience arising from compliance with its legal obligations under this clause.

8. Delivery and timing

The Contractor will perform the Works in a professional, workmanlike manner and in a timely manner having regard to the nature and scope of the Works.
Any Completion Dates or timeframes given are estimates only and are not guaranteed unless expressly agreed in writing as a binding deadline.
The Contractor is not responsible for delays caused by matters outside of its reasonable control, including but not limited to:
1. supply chain issues, material shortages or unavailability of Goods;
2. inclement weather;
3. restricted or denied access to the Site;
4. client delays or failures to comply with clause 5;
5. variations requested by the Client;
6. unforeseen site conditions;
7. industrial disputes, strikes or lock-outs; and
8. acts of God, war, terrorism, pandemic, government restrictions or other force majeure events.
If the Contractor’s performance of this Contract is delayed by an event beyond the Contractor’s reasonable control, any Completion Date will be extended by a reasonable time without penalty to the Contractor.
The Contractor is not liable for any loss, damage, costs or expenses (including indirect or consequential loss) arising from delays in completion, except where such liability cannot be excluded under the ACL.

9. Risk and ownership

9.1 Risk

Risk in Goods passes to the Client upon delivery to the Site or installation (whichever occurs first).
Where the Client requests specific brands, products, or materials, the Contractor is not responsible for the suitability, performance, or availability of those items.

9.2 Retention of Title

Ownership of Goods remains with the Contractor until full payment is received for all Goods and Works supplied under this Contract.
If the Client has other outstanding debts to the Contractor arising from separate contracts:
1. the Contractor may (but is not obliged to) require payment of those debts before releasing ownership in the Goods;
2. this does not create a right of set-off by the Client; and
3. this clause does not apply if the Client is a “small business” within the meaning of the ACL and the Contractor has not provided prior written notice that this clause will apply.

9.3 Client Obligations Prior to Transfer of Ownership

Until ownership passes in Goods, the Client must:
keep the Goods separate, identifiable and marked as the Contractor’s property;
not sell, encumber, or otherwise deal with the Goods without the Contractor’s prior written consent;
hold any proceeds from sale or dealing with the Goods on trust for the Contractor;
store the Goods safely and maintain them in good condition;
insure the Goods for their full replacement value;
not remove or obscure any identifying marks or labels on the Goods.

9.4 Contractor’s Rights to Repossess Goods

If the Client fails to pay any amount when due and ownership in the Goods has not passed to the Client, the Contractor may:
1. require the Client to return the Goods to the Contractor at the Client’s cost;
2. with the Client’s consent (or pursuant to a court order), enter the Site to inspect or repossess the Goods;
3. exercise its rights under the PPSA to repossess the Goods, including by giving notice and taking possession in accordance with Part 4.3 of the PPSA; and
4. dispose of or resell the Goods in accordance with the PPSA and apply the proceeds against amounts owing, with any surplus refunded to the Client and any shortfall (plus reasonable costs of repossession and sale) remaining payable by the Client.
The Client agrees to cooperate with any reasonable request by the Contractor to facilitate repossession of the Goods.

9.5 Personal Property Securities Act

The Client acknowledges that this Contract creates a security interest in the Goods for the purposes of the PPSA.
The Contractor may register its security interest on the Personal Property Securities Register.
The Client must do all things necessary to enable the Contractor to register, maintain and enforce its security interest, including providing information and signing documents.
The Client waives its rights under sections 95, 121(4), 125, 130, 132(3)(d) and 132(4) of the PPSA to the extent permitted by law.
The Client must not register a financing statement or change demand in relation to the Goods without the Contractor’s prior written consent.

10. Inspection and defects

The Client must inspect all Goods and Works within 5 Business Days of completion or delivery and notify the Contractor in writing of any defects, damage, shortages or non-conformity.
If no written notice is given by the Client within the period specified in clause 10(a), the Goods and Works will be deemed to have been accepted by the Client as being free from visible or apparent defects that could reasonably have been discovered upon inspection.
If Goods are defective, the Contractor will (at its discretion) repair, replace or refund as required by the ACL and clause 11.
The deemed acceptance in clause 10(b) does not affect the Client’s rights under the ACL for latent defects that could not reasonably have been discovered within the inspection period.

11. Warranty

11.1 Contractor’s Warranty

Subject to clause 11.5, the Contractor warrants that:

all Works will be performed in a professional and workmanlike manner using suitably qualified and licensed personnel;
all Electrical Work will comply with the Electrical Safety Act 2002 (Qld), Electrical Safety Regulation 2013 (Qld), AS/NZS 3000 Wiring Rules (as amended from time to time), and all other applicable Australian Standards and regulations;
if any defect in the Works completed by the Contractor becomes apparent and is reported to the Contractor in writing within 12 months of the date of completion (time being of the essence), then the Contractor will either (at the Contractor’s sole discretion) replace or remedy the defective Works.

11.2 Warranty Exclusions

This warranty does not cover:

normal wear and tear;
misuse, abuse, neglect or accidental damage;
work altered, modified or repaired by others without the Contractor’s prior written consent;
damage due to failure to follow the Contractor’s instructions or recommendations;
failure to maintain electrical installations in accordance with manufacturers’ recommendations or applicable standards;
manufacturer defects in Goods (which are covered by the manufacturer’s warranty);
defects in Client-supplied materials, equipment, designs or specifications;
damage caused by third parties, vermin, insects, or environmental factors; and
defects arising from the Client’s failure to comply with its obligations under this Contract.

11.3 Warranty Claims and Inspection Fees

All warranty claims must be notified to the Contractor in writing within 7 days of discovery of the alleged defect.
The Contractor will assess the claim and determine (acting reasonably) whether it is covered under warranty.
If the Contractor is required to attend the Client’s Site to inspect or assess any alleged defect or fault, and the issue is determined not to be covered under the Contractor’s warranty or the ACL, the Client must pay all reasonable costs incurred by the Contractor in attending the Site, including:
1. labour and call-out fees;
2. travel time and mileage;
3. diagnostic testing; and
4. other out-of-pocket expenses associated with the inspection.

11.4 Australian Consumer Law

The Contractor’s warranty under this clause 11 is in addition to the Client’s rights, which cannot be excluded, under the ACL.
The Contractor’s goods and services come with guarantees that cannot be excluded under the ACL.
For major failures with the service, the Client is entitled to:
1. cancel its service contract; and
2. a refund for the unused portion, or to compensation for its reduced value.
The Client is also entitled to choose a refund or replacement for major failures with goods.
If a failure with the goods or a service does not amount to a major failure, the Client is entitled to have the failure rectified in a reasonable time. If this is not done, the Client is entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
The Client is also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

11.5 Manufacturers’ Warranties

Materials and equipment supplied by the Contractor are subject to manufacturers’ warranties.
The Contractor will, where reasonably practicable, assign or facilitate the Client’s access to such warranties.

12. Electrical safety and compliance

All Electrical Work will be performed by licensed electricians in accordance with:
1. Electrical Safety Act 2002 (Qld);
2. Electrical Safety Regulation 2013 (Qld);
3. AS/NZS 3000:2018 Electrical Installations (Wiring Rules), as amended from time to time; and
4. all other applicable Australian Standards, codes of practice and regulations.
The Contractor will provide electrical safety certificates and compliance documentation as required by law.
The Client must not interfere with, modify, or attempt to repair any electrical installation completed by the Contractor except through a licensed electrician.
The Contractor will report any electrical safety issues to the Electrical Safety Office Queensland as required by law.

13. Site safety and insurance

13.1 Insurance

The Contractor maintains:
Public liability insurance of not less than $20,000,000;
Workers’ compensation insurance as required by the Workers’ Compensation and Rehabilitation Act 2003 (Qld); and
Professional indemnity insurance (where applicable to the nature of the Works).

13.2 Workplace Health and Safety

The Contractor will comply with all workplace health and safety obligations under the Work Health and Safety Act 2011 (Qld) and Work Health and Safety Regulation 2011 (Qld).
The Client, as the person conducting a business or undertaking at the Site, must comply with its workplace health and safety obligations and cooperate with the Contractor to ensure a safe working environment.

13.3 Client’s Insurance

The Client is responsible for insuring the Site and any existing structures, contents, materials and property.
The Contractor is not responsible for damage to existing structures, finishes, landscaping or property except where caused by the Contractor’s negligence.

14. Intellectual property

The Contractor owns all intellectual property rights in designs, drawings, diagrams, plans, specifications, methodologies and other documents or materials created by the Contractor in connection with the Works.
The Client is granted a non-exclusive, non-transferable licence to use such documents and materials solely for the purpose of the Works at the Site.
The Client warrants that any designs, drawings, diagrams, plans, specifications or other materials provided by the Client to the Contractor:
1. do not infringe any third party intellectual property rights; and
2. are accurate, complete and suitable for the intended purpose.
The Client indemnifies the Contractor against all claims, losses, damages, costs and expenses (including legal costs on a solicitor-client basis) arising from any breach of the Client’s warranty in clause 14(c) or from the Contractor’s use of Client-provided materials in accordance with the Client’s instructions.

15. Default and remedies

15.1 Interest on Overdue Amounts

If the Client fails to pay any amount by the due date, the Contractor may charge interest on overdue amounts at the rate prescribed under the Civil Proceedings Act 2011 (Qld) (currently approximately 9% per annum), calculated daily and compounding monthly.

15.2 Contractor’s Remedies for Non-Payment

If the Client fails to pay any amount when due, the Contractor may (without prejudice to any other rights):

recover all reasonable legal, administrative, debt collection and enforcement costs on a solicitor-client basis;
suspend or terminate ongoing Works in accordance with clause 16;
require payment in advance for any future Works;
exercise its rights under clause 9 (retention of title and repossession of Goods);
report the default to credit reporting agencies in accordance with privacy laws;
commence adjudication under the BIF Act without first complying with the dispute resolution procedure in clause 17; and
commence debt recovery proceedings or other legal proceedings (subject to clause 17 where applicable).

15.3 No Set-Off

The Client must not withhold, deduct or set off any amounts from payments due to the Contractor unless required by law or agreed in writing by the Contractor.

15.4 Suspension for Default

If the Client is in default of any obligation under this Contract (including but not limited to payment obligations), the Contractor may suspend performance of its obligations under this Contract and any other contracts with the Client until the default is remedied, without liability for any delay or loss arising from such suspension.

16. Termination

16.1 Termination for Breach

Either party may terminate this Contract by written notice if the other party:

breaches a material term capable of being remedied and fails to remedy the breach within 10 Business Days after being given written notice of the breach;
breaches a material term which is not capable of remedy; or
becomes insolvent, bankrupt, enters into administration, liquidation, receivership or makes an arrangement with creditors.

16.2 Termination for Convenience by Contractor

The Contractor may terminate this Contract for convenience at any time prior to commencement of the Works by written notice and refunding any deposit received (less any reasonable costs already incurred).

16.3 Consequences of Termination

Upon termination of this Contract the:
1. Client must immediately pay for all Works completed, Goods supplied or ordered, and all costs incurred by the Contractor up to the date of termination;
2. Contractor may remove any Goods for which payment has not been received;
3. Contractor’s rights to payment, retention of title, security interests and any accrued rights are not affected; and
4. Client remains liable for all amounts owing under this Contract and any other contracts with the Contractor.
Termination does not affect any rights or remedies that have accrued prior to termination.

17. Dispute resolution

If a dispute arises under or in connection with this Contract, the parties must first attempt to resolve it through good faith negotiations between senior representatives of each party.
If the dispute cannot be resolved within 14 days of written notice of the dispute, either party may refer the matter to mediation administered by a mediator agreed between the parties or, failing agreement, appointed by the President of the Queensland Law Society.
The parties must participate in the mediation in good faith and share the costs equally.
Nothing in this clause prevents either party from:
1. seeking urgent interlocutory or injunctive relief from a court;
2. commencing adjudication under the BIF Act at any time without first complying with clauses 17(a) to 17(c);
3. exercising rights of termination or suspension under this Contract;
4. commencing debt recovery proceedings for undisputed amounts;
5. commencing court proceedings for payment claims after adjudication under the BIF Act (whether to enforce an adjudication decision or otherwise).

18. Limitation of liability

To the maximum extent permitted by law, the Contractor is not liable for any indirect, consequential or economic loss or damage, including:
1. loss of profits, revenue, business opportunity, contracts or goodwill;
2. loss of or corruption to data;
3. business interruption or downtime; and
4. wasted expenditure or costs of substitute services.
To the maximum extent permitted by law, the Contractor’s total aggregate liability for any and all claims arising from or in connection with this Contract (whether in contract, tort, negligence, breach of statutory duty or otherwise) is limited to the lesser of:
1. the Price paid or payable for the Works; or
2. the amount recoverable under the Contractor’s insurance policies.
Nothing in this clause excludes or limits liability that cannot be excluded or limited under the ACL or applicable law.
Where the ACL applies and the Contractor is permitted to limit its liability, the Contractor’s liability is limited to (at the Contractor’s option):
1. in the case of goods: replacement, repair, payment of the cost of replacement or repair;
2. in the case of services: re-supply of the services or payment of the cost of re-supply.

19. Privacy

The Contractor collects and stores personal information and business information in accordance with the Privacy Act 1988 (Cth) for purposes including:
1. providing the Works and managing the Contract;
2. invoicing, billing and credit assessment;
3. debt collection and enforcement;
4. marketing and business development (unless the Client opts out);
5. compliance with legal obligations.
The Contractor may disclose information to:
1. credit reporting agencies and credit providers;
2. debt collectors and legal representatives;
3. subcontractors, suppliers and other service providers;
4. regulatory authorities and government agencies;
5. insurers and financial institutions.
The Contractor’s privacy policy is available on request and sets out how the Client may access or correct personal information or make a privacy complaint.
Credit Reporting: If the Contractor discloses information to credit reporting agencies:
1. such disclosure will be made in accordance with Part IIIA of the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code 2014;
2. the Contractor will only report payment defaults where the:
  1. Client has failed to pay at least $150;
  2. debt is overdue by at least 60 days;
  3. Contractor has given the Client at least 14 days’ written notice of its intention to report the default; and
  4. Client has not advised that the Client disputes the debt;
3. the Client may request details of the information disclosed.

20. General provisions

20.1 Entire Agreement

This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, warranties, understandings and agreements (whether written or oral).

20.2 Severability

If any provision of this Contract is invalid, void, illegal or unenforceable, it is severed to the extent of the invalidity without affecting the validity or enforceability of the remaining provisions.

20.3 Waiver

No waiver of any breach of this Contract is a waiver of any other breach.
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.
Any waiver must be in writing and signed by the party granting the waiver.

20.4 Assignment

The Client may not assign, transfer or novate this Contract or any rights or obligations under it without the Contractor’s prior written consent.
The Contractor may assign, transfer or novate this Contract without the Client’s consent.

20.5 Subcontracting

The Contractor may engage subcontractors to perform any part of the Works without the Client’s consent.

20.6 Relationship

Nothing in this Contract creates a partnership, joint venture, agency or employment relationship between the parties.

20.7 Force Majeure

Neither party is liable for any default, delay or failure to perform its obligations caused by any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm, earthquake, pandemic, epidemic, government restrictions or directions, supply chain disruption or other similar event beyond the reasonable control of that party.

20.8 Notices

All notices under this Contract must be in writing and delivered by hand, post, or email to the addresses specified in the Quote or as otherwise notified.
A communication by email or other electronic means is taken to be “in writing” for the purposes of this Contract.
Notices are deemed received:
1. if delivered by hand: on delivery;
2. if sent by post: 3 Business Days after posting;
3. if sent by email: when delivered by email to the email address of the receiving party (or such other email address as a party may designate by notice), on the date sent, provided that no automated delivery failure or bounce-back notice is received by the sending party. Notices sent after 5:00pm in Brisbane, or on a non-Business Day, are deemed received 9:00am on the next Business Day.

20.9 Electronic Execution

Documents may be executed electronically (including by electronic signature or DocuSign) and are deemed valid and binding.

20.10 Governing Law and Jurisdiction

This Contract is governed by the laws of Queensland.
The parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts competent to hear appeals from those courts.

20.11 Amendment

Only a Director of the Contractor may approve changes to these terms in writing.
The Contractor reserves the right to amend these terms at any time, with updated terms applying to future quotations or engagements.

20.12 Survival

Clauses 4 (Payment), 9 (Risk and Ownership), 11 (Warranty), 14 (Intellectual Property), 15 (Default and remedies), 17 (Dispute Resolution), 18 (Privacy), 19 (Limitation of Liability) and this clause 20.12 survive termination or completion of this Contract.

20.13 Goods and Services Tax

Unless otherwise stated, all amounts payable under this Contract are GST-inclusive.
If GST is payable on any taxable supply made under this Contract and the amount payable for that supply does not expressly include GST, the recipient must pay to the supplier (in addition to and at the same time as the amount otherwise payable) an additional amount equal to the GST payable on that supply.
The Contractor will provide a valid tax invoice where required by law.

21. Acknowledgement

By accepting a Quote, instructing the Contractor to commence work, or allowing the Contractor to commence work, the Client acknowledges having read, understood, and agreed to be bound by these Terms and Conditions.

Important notice to clients – Australian Consumer Law Rights

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

For further information about your rights under the Australian Consumer Law, visit: www.accc.gov.au