These Terms & Conditions govern the supply of electrical, solar and related services by Perth Electrical and Solar ("we", "us", "our") to a customer ("you", "your", "Customer").
By requesting a quotation, accepting a quotation, engaging our services, placing an order or allowing work to commence, you agree to be bound by these Terms & Conditions, together with any quotation, proposal or written agreement provided by us.
Where there is any inconsistency between these Terms & Conditions and a specific written agreement or quotation, the specific written agreement or quotation will apply to the extent of that inconsistency.
1. Our Services
Perth Electrical and Solar provides electrical and related services for residential, commercial and other properties throughout our service areas. Our services may include, but are not limited to:
- General electrical installations and repairs
- Switchboard upgrades and electrical safety improvements
- Lighting installation and upgrades
- Power points, switches and electrical fittings
- Fault finding and electrical repairs
- Smoke alarm installation and servicing
- Ceiling fans and ventilation
- Solar power system installation and related electrical work
- Solar system upgrades and maintenance
- Battery storage solutions
- Electrical maintenance and other associated electrical services
The specific services provided will depend on the requirements of each project and will be outlined in the relevant quotation, proposal or agreement.
All electrical work will be undertaken by appropriately licensed persons and in accordance with applicable Australian legislation, regulations and relevant electrical standards. In Western Australia, electrical work is required to be performed by appropriately licensed persons.
2. Quotations and Estimates
2.1 Where appropriate, we will provide you with a written quotation outlining the proposed works, materials and applicable charges.
2.2 Unless otherwise stated in writing, a quotation is valid for 30 days from the date of issue.
2.3 A quotation is based on the information available to us at the time it is prepared and may be subject to change where site conditions, material availability, project requirements or other relevant circumstances differ from those reasonably anticipated.
2.4 A quotation does not include work that was not reasonably identifiable or anticipated when the quotation was prepared unless expressly stated otherwise.
2.5 Where additional work is required, we will, where reasonably practicable, inform you of the additional work and associated cost before proceeding.
2.6 Any estimated timeframe provided for commencement or completion is an estimate only unless a specific timeframe has been expressly agreed in writing.
3. Acceptance of Work
You may accept a quotation by signing or electronically accepting the quotation, confirming acceptance in writing, placing an order, paying a required deposit or otherwise authorising us to commence the work.
Once accepted, the quotation together with these Terms & Conditions forms the agreement between you and Perth Electrical and Solar.
We reserve the right to decline or delay commencement of work where:
- the quotation has not been accepted;
- required information has not been provided;
- a required deposit or payment has not been received;
- safe access to the property has not been provided; or
- circumstances exist that reasonably prevent the work from commencing.
4. Customer Responsibilities
The Customer agrees to:
- provide accurate and complete information about the property and requested work;
- provide reasonable and safe access to the areas where work is required;
- identify any known hazards, defects, asbestos-containing materials or other conditions that may affect the work;
- obtain any approvals or permissions that are the Customer's responsibility;
- ensure that pets, children and other persons are kept away from areas where electrical work is being undertaken;
- provide access to electricity, water or other facilities where reasonably required;
- promptly communicate any changes to the requested work; and
- make payments by the due date specified on the relevant invoice.
The Customer may be responsible for additional costs where inaccurate information, restricted access, concealed conditions or other circumstances outside our reasonable control cause additional work, delays or expenses.
5. Site Conditions and Existing Electrical Systems
Electrical work can sometimes reveal conditions that cannot reasonably be identified before work begins. These may include:
- outdated or non-compliant electrical installations;
- damaged wiring;
- inaccessible wiring;
- concealed faults;
- inadequate switchboards;
- damaged equipment;
- structural restrictions;
- asbestos or other hazardous materials;
- unsuitable existing solar equipment; or
- defects caused by previous installations or third parties.
Where these conditions affect the proposed work, we may need to recommend additional work or modify the proposed scope. We will communicate material changes and, where reasonably practicable, obtain approval before undertaking additional chargeable work.
6. Variations and Additional Work
6.1 A variation occurs when the Customer requests a change to the agreed scope of work or when additional work becomes reasonably necessary due to circumstances that were not included in the original quotation.
6.2 Variations may include additional labour, materials, equipment, travel, disposal, testing or other reasonable costs.
6.3 Where practicable, we will provide the Customer with details of the proposed variation and any additional cost before the additional work is undertaken.
6.4 Emergency or safety-related work may sometimes need to be undertaken immediately where reasonably necessary to protect people or property. Where this occurs, we will explain the work and associated charges as soon as reasonably practicable.
7. Pricing
Prices will be specified in the applicable quotation or invoice. Unless otherwise stated:
- prices are in Australian dollars;
- GST will be charged where applicable;
- additional work will be charged in accordance with the agreed variation or applicable rates; and
- government, authority, inspection or other third-party charges may be additional where they are not included in the quotation.
Material prices may be subject to supplier availability and changes outside our reasonable control. Where a significant change affects an accepted project, we will discuss the change with the Customer before proceeding where reasonably practicable.
8. Deposits and Payments
A deposit or progress payment may be required depending on the size and nature of the project. The payment schedule will be stated in the quotation, invoice or written agreement.
Unless otherwise agreed in writing, invoices must be paid by the due date shown on the invoice. If an amount remains unpaid after its due date, we may, subject to applicable law:
- suspend further work;
- delay delivery or installation;
- require payment before continuing;
- recover reasonable costs associated with recovering overdue amounts; and
- exercise any other rights available to us under the agreement or applicable law.
Any applicable interest or recovery costs will only be charged to the extent permitted by law and/or expressly agreed.
9. Payment Methods
Payment may be made using the payment methods made available by Perth Electrical and Solar. Where a payment provider or third-party payment service is used, the Customer may also be subject to that provider's applicable terms and conditions.
We will not knowingly impose payment surcharges in excess of amounts permitted under Australian law.
10. Cancellation and Rescheduling
If you need to cancel or reschedule an appointment or project, please provide reasonable notice as soon as possible.
Where cancellation or rescheduling results in reasonable costs being incurred by us, including specially ordered materials, labour commitments, supplier charges or other expenses, those costs may be payable by the Customer where permitted by law and the applicable agreement.
Any cancellation fees or charges will be communicated to the Customer where applicable. Nothing in this section limits any cancellation rights or other rights available to consumers under Australian law.
11. Electrical Safety and Compliance
Perth Electrical and Solar is committed to carrying out electrical work safely and in accordance with applicable requirements. Electrical work will be undertaken by appropriately licensed persons and in accordance with applicable legislation, regulations and relevant standards.
Where existing electrical equipment or installations are identified as unsafe or unsuitable, we may recommend that the issue be rectified before or as part of the requested work. Where required, applicable electrical compliance documentation or certificates will be provided in accordance with the relevant requirements.
12. Solar and Battery Services
Solar and battery installations can be affected by a range of factors, including:
- available roof space;
- roof orientation and shading;
- existing electrical infrastructure;
- system size and design;
- weather conditions;
- electricity consumption;
- network requirements;
- equipment availability;
- manufacturer specifications; and
- applicable approvals and requirements.
Any estimated energy production, savings or financial outcomes provided to the Customer are estimates based on available information and should not be considered a guarantee of a particular level of energy generation or financial savings.
Equipment supplied as part of a solar or battery installation may also be subject to the manufacturer's separate warranty and conditions.
13. Materials and Equipment
Where equipment or materials are supplied by us, we will make reasonable efforts to supply products that correspond with the quotation. Where a specified product becomes unavailable, discontinued or unsuitable, we may propose a reasonably equivalent alternative, subject to the Customer's approval where required.
Manufacturer warranties may apply to supplied products. Such warranties are additional to, and do not replace, any rights the Customer has under the Australian Consumer Law.
14. Workmanship and Warranty
Unless a different written warranty has been provided, Perth Electrical and Solar warrants that services will be carried out with due care and skill and in accordance with applicable requirements.
Where a workmanship issue arises, the Customer should contact us as soon as reasonably practicable and provide reasonable information about the issue. We will assess the issue and, where appropriate, arrange reasonable corrective work.
A workmanship warranty does not cover problems caused by matters outside our responsibility, including damage caused by third parties, misuse, unauthorised modifications, accidental damage, normal wear and tear, or defects in existing equipment or installations.
Nothing in these Terms & Conditions excludes, restricts or modifies any consumer guarantee that cannot legally be excluded.
15. Australian Consumer Law
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights or remedies available to the Customer under the Australian Consumer Law (ACL) or any other applicable law. Consumer guarantees apply automatically in circumstances covered by the ACL and cannot simply be removed by a business's Terms & Conditions.
Consumer Guarantee Notice
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
Where goods are supplied with our services, applicable consumer guarantees relating to those goods also apply.
16. Property Damage and Existing Defects
We will take reasonable care while performing the Services.
However, the Customer acknowledges that existing conditions, concealed defects or deterioration may become apparent during electrical work. Where reasonable care has been taken, we are not responsible for damage or defects that were pre-existing, concealed or caused by circumstances outside our reasonable control.
We will discuss any significant issue identified during the work with the Customer where reasonably practicable.
17. Access and Delays
We will make reasonable efforts to attend appointments and complete work within agreed or estimated timeframes. However, delays may occur due to circumstances outside our reasonable control, including:
- severe weather;
- supplier or equipment delays;
- network or authority requirements;
- unexpected site conditions;
- emergencies;
- illness or unavailability of personnel;
- delays caused by the Customer; or
- other circumstances beyond our reasonable control.
Where a significant delay occurs, we will communicate with the Customer as reasonably practicable.
18. Emergency Work
For emergency electrical situations, our priority is to make the electrical installation safe. Emergency or urgent work may be charged at applicable emergency or after-hours rates where those rates have been disclosed or agreed.
Where further work is required after the immediate safety issue has been addressed, we may provide a separate quotation or recommendation.
19. Customer-Supplied Equipment
Where a Customer supplies equipment or materials for installation, we may inspect the equipment before installation. We reserve the right to decline installation where equipment is:
- unsafe;
- damaged;
- incompatible;
- unsuitable for the intended application;
- incomplete; or
- not compliant with applicable requirements.
Where Customer-supplied equipment is installed at the Customer's request, any manufacturer's warranty remains the responsibility of the manufacturer or relevant supplier.
20. Liability
To the maximum extent permitted by law, Perth Electrical and Solar will not be liable for loss or damage arising from circumstances outside our reasonable control.
Nothing in these Terms & Conditions excludes liability that cannot legally be excluded, including rights and remedies arising under the Australian Consumer Law. Where liability can legally be limited, our liability will be limited to the extent permitted by applicable law.
We will take reasonable care in providing our Services and will seek to minimise foreseeable loss or damage.
21. Privacy
We may collect personal information reasonably required to provide quotations, communicate with Customers, schedule work, provide Services, process payments, issue invoices and meet legal or regulatory obligations.
Personal information will be handled in accordance with applicable privacy legislation and our Privacy Policy. Customers should refer to our Privacy Policy for further information about how personal information is collected, used and managed.
22. Website Information
We make reasonable efforts to ensure that information displayed on our website is accurate and up to date. However, website information, images, service descriptions, examples and general information may be subject to change and should not be interpreted as a quotation or guarantee of a particular outcome.
A formal quotation or written agreement will take precedence over general information displayed on the website.
23. Complaints and Dispute Resolution
We encourage Customers to contact us directly if they have concerns about our Services, workmanship, invoices or any other aspect of their engagement with us. Where a complaint is received, we will make reasonable efforts to understand the issue and work with the Customer toward an appropriate resolution.
Customers should provide relevant information, photographs, invoices or other documentation where reasonably necessary to assist with investigating the issue.
Nothing in this section limits a Customer's right to access any dispute-resolution, consumer-protection or legal process available under Australian law.
24. Termination
Either party may terminate an agreement where permitted by the agreement or applicable law. We may suspend or terminate Services where:
- invoices remain unpaid;
- the Customer materially breaches the agreement;
- the work cannot safely be undertaken;
- access to the property is not provided;
- the Customer requests unlawful or unsafe work; or
- circumstances outside our reasonable control prevent completion.
Where an agreement is terminated, the Customer remains responsible for amounts properly payable for work completed, materials supplied and other approved costs incurred up to the date of termination, subject to any rights available under applicable law.
25. Compliance With Western Australian Requirements
Where applicable to the type and value of work being undertaken, the parties acknowledge that additional Western Australian legislation and contractual requirements may apply. For example, certain residential home-building and associated work contracts in Western Australia are regulated by the Home Building Contracts Act 1991, including qualifying fixed-price contracts within the applicable statutory range.
Where mandatory legislation imposes requirements that differ from these Terms & Conditions, those mandatory requirements will prevail.
26. Changes to These Terms & Conditions
We may update these Terms & Conditions from time to time.
The version applicable to a particular project will generally be the version provided to or accepted by the Customer when the relevant agreement is entered into, unless a change is required by law or otherwise agreed between the parties. The current version will be made available on our website.
27. Severability
If any provision of these Terms & Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the extent necessary to make it enforceable where legally possible. The remaining provisions will continue to operate to the extent permitted by law.
28. Governing Law
These Terms & Conditions are governed by the laws applicable in Western Australia. The parties submit to the applicable courts and tribunals of Western Australia, subject to any mandatory rights or jurisdiction provided by law.
29. Entire Agreement
These Terms & Conditions, together with the applicable quotation, proposal, invoice and any other written agreement between Perth Electrical and Solar and the Customer, constitute the agreement governing the relevant Services.
If a specific written agreement expressly overrides a provision of these Terms & Conditions, that specific agreement will apply to the extent of the inconsistency.
30. Contact
If you have any questions regarding these Terms & Conditions, your quotation or the Services provided by Perth Electrical and Solar, please contact us using the contact details provided on our website.
Perth Electrical and Solar
Electrical Contractor Licence: EC 12996
Western Australia
