Terms and Conditions
Terms of Trade:
Effective 1st January 2024
Acceptance of Charter Electricals’ Terms:
Acceptance of a quote or the commencement of work signifies the customer's acknowledgment and agreement to Charter Electricals’ terms, irrespective of any other agreements previously made.
Updates to Terms and Conditions:
Charter Electrical will post all updated or changes to the terms and conditions on the website terms and conditions page. Clients can remain informed of any revisions and their effective dates.
Adherence to Legal Regulations:
All works and payments conducted by Charter Electrical comply with the standards set forth by the Building and Construction Industry Security of Payment Act 2002 (Vic). This ensures legal compliance and protection for both parties involved in the transaction.
Compliance with Industry Standards:
Charter Electrical pledges adherence to industry standards, codes, and regulations during the provision of electrical services to ensure safety, quality, and compliance.
Client Responsibilities:
Clients are responsible for ensuring access to the site and a safe working environment for Charter Electrical personnel. Compliance with necessary permits, regulations, and cooperation during the provision of services is expected from the client's end.
Insurance and Liability:
Charter Electrical maintains comprehensive public liability insurance to cover damages or accidents resulting from their work. Liability is limited to the extent covered by the insurance policy, and clients are advised to have their insurance coverage for additional protection.
Payment Methods:
Payment is to be made via bank transfer to the bank account nominated on the invoice.
Deposit or Advance Payments:
Deposits or advance payments are required before commencing work or for larger projects exceeding $5,000.00. A deposit is required to cover materials purchase and is non-refundable unless adequate notice is given as per our termination clause.
Invoicing Details:
Invoicing frequency is usually on practical completion of works or as per contractual arrangements.
Scope of Work Definitions:
Scope of work for quotes includes known aspects at the time of quoting. Any unforeseen works or issues that arise afterward will be promptly communicated to the customer. A quoted price for resolution will be provided accordingly.
In situations where rectification works are necessary for electrical safety and the customer declines the quote for these essential rectifications, power may be disconnected or not re-energized to ensure safety compliance.
Taxes and Additional Charges:
Goods and Services Tax (GST) is not included in any given prices unless otherwise stated. GST will be added to the final invoice. Certificate of Electrical Safety (COES) is not covered by any other fee, it will be incurred as an additional cost if one is required.
Price Adjustment Policy:
Prices are subject to change based on fluctuations in material costs or market conditions. Clients will be notified of any significant price adjustments prior to the commencement of services affected.
Service Limitations or Exclusions:
Our electrical service offerings do not encompass services related to structural alterations, civil engineering works, or architectural modifications. Additionally, any works exceeding property boundaries, not complying with AS NZS 3000 regulations, or surpassing electrical license limitations are excluded from our service provisions.
Refund Policy:
Refunds for advance payments or deposits adhere to the guidelines specified in our termination clause.
Minimum Charges or Fees:
The minimum charge for any job is equivalent to the call-out fee. Additionally, the minimum charge for labour is set at 30 minutes.
Call Out Fee:
This fee encompasses the expenses associated with initiating services at the client's site, covering various components such as the business's operational expenses, time spent collecting materials, and basic administrative tasks necessary for the commencement of the job.
Labour Cost:
Time is calculated upon arrival at the site, charged in 15-minute increments with a minimum charge of 30 minutes per visit. The labour cost specifically covers on-site work and excludes durations designated for lunch breaks or any off-site expenses already covered by the previously applied call-out fee.
Materials:
This fee incorporates the expenses related to goods and materials utilized for the job, encompassing their direct costs and an associated markup covering procurement, handling, and usage during the project.
COES (Certificate of Electrical Safety):
This encompasses the expenses related to obtaining a Certificate of Electrical Safety, covering the costs of the certificate itself, associated administrative fees, and a markup. It's important to note that the costs for prescribed and non-prescribed certificates may vary based on specific requirements and regulatory standards
Quotes:
These represent fixed prices provided for specific works or services. Any alterations or modifications to the initially provided quote necessitate prior agreement between Charter Electrical and the customer, ensuring mutual consent before implementing any changes to the agreed-upon price.
Travel Costs:
Travel expenses are generally covered within the Call Out Fee, encompassing distances within a 30km radius from Charter Electricals’ business location. However, for sites beyond this radius, an additional charge of $3.15 per kilometre will be applied to cover the incurred travel expenses.
Administration Cost:
These expenses encompass off-site administrative tasks necessary for the completion of a project. Such costs are calculated and priced comparably to labour costs, covering additional administrative efforts required for job organization, documentation, and other related administrative functions performed off-site by Charter Electrical
Overdue Account Administration Cost:
This fee encompasses the administrative expenses incurred in pursuing unpaid invoices, including but not limited to communication costs, additional paperwork, and any legal or collection agency fees. Additionally, it accounts for the financial impact caused by delayed payments, such as bank interest charges and disruptions to the business's cash flow due to outstanding invoices.
Overdue Accounts and Late Payment Consequences:
Accounts that remain unpaid beyond the specified 10-day period will be subject to additional charges, including Late Payment Administration Costs and interest as per the Penalty Interest Rates Act 1983. These charges aim to cover the administrative burden and compensate for the delay in payment.
Administration Fee for Overdue Accounts:
In the event of overdue accounts, an initial administration fee of 7.5% will be levied on the outstanding balance. This fee aims to account for administrative costs incurred and to compensate for any potential loss in income attributable to delayed payments. Furthermore, additional fees will accrue every 10 days until the total outstanding amount is settled. These supplementary fees are instituted to cover the ongoing administrative efforts and financial implications sustained by Charter Electrical during the collection process, ensuring the resolution of outstanding invoices and mitigating any adverse impact on the company's cash flow.
Invoice Discrepancies and Genuine Contact:
It's the customer's responsibility to notify Charter Electrical of any discrepancies in the invoice before the due date. Failure to establish genuine contact will not waive the obligations related to overdue invoices. Timely communication ensures accuracy and prompt resolution of billing issues.
Quoting Jobs and Charges for Minor Works:
Generally, Charter Electrical offers free quotes unless minor works are conducted. In cases where minor works are performed, charges for labour and materials will apply.
'Pay when Paid' Provision:
The 'Pay when Paid' provision, where payment is contingent upon receiving payment from another party, is not accepted by Charter Electrical. Payment is expected based on the terms agreed upon between Charter Electrical and the customer, regardless of other contractual agreements.
Expectation of Prompt Payment:
Charter Electrical anticipates and requires timely payment for services rendered. Disputes regarding costs incurred should not be used as a reason for delaying payment. This ensures a fair and timely exchange for services provided.
Responsibility for Property/Appliance Damage:
Charter Electrical does not assume responsibility for any damage caused to property or appliances as a result of their work. Customers are accountable for any repairs or replacements required due to such damages.
Rescheduling Jobs:
Should the customer require rescheduling of a confirmed job or appointment, they must provide a minimum notice of 48 hours before the scheduled service date. Charter Electrical will make every reasonable effort to accommodate the request, subject to availability. If the customer fails to provide the required notice or reschedules multiple times, Charter Electrical reserves the right to levy a rescheduling fee or adjust the job's scheduling at its discretion. Any additional costs incurred due to rescheduling shall be the responsibility of the customer and may be added to the final invoice. Charter Electrical will communicate promptly regarding any necessary changes to the scheduled service and will attempt to minimize any inconvenience caused by the rescheduling. If rescheduling results I cancelation, Cancellation of Accepted Quotes and Indemnification applies
Cancellation of Accepted Quotes and Indemnification:
If a quote is accepted but work is cancelled, the customer is liable for covering the costs of materials and any partial work completed based on the agreed terms. Additionally, customers indemnify Charter Electrical for any collection costs incurred due to cancelled work or outstanding payments.
Cancellation Policy:
Cancellation by the customer must be communicated in writing. A cancellation fee may apply if notice is provided less than 30 days before the scheduled service date. The cancelation fee covers costs incurred or lost due to the cancellation.
Workmanship Warranty:
Charter Electrical ensures quality workmanship with a comprehensive 12-month guarantee specifically on our work. This warranty ensures the integrity of the installed materials for the stipulated period, safeguarding against faults or defects.
However, please note that this warranty does not cover maintenance, damage caused by water, weather, customer actions, or damage inflicted by third parties, as these fall outside the scope of the warranty coverage. For any faults or issues unrelated to Charter Electricals’ installation, resolution will be subject to standard billing rates.
Warranty on Materials:
Please note that warranty terms are contingent upon the supplier. Clients must adhere to the supplier's specified terms and conditions regarding warranty coverage, as these may differ and might not extend beyond the supplier's provisions.
In addition, Charter Electrical provides a warranty on services rendered for a specified duration, addressing defects or faults within the warranty period. Products supplied are covered under the manufacturer's warranty and fall outside of Charter Electricals’ warranty coverage. To initiate warranty claims, they must adhere to the specified conditions and procedures outlined in the warranty policy, requiring claims to be made within the manufacturer’s warranty conditions.
Dispute Resolution:
Any disputes or disagreements will initially undergo a negotiation or mediation process between Charter Electrical and the customer. If a resolution is not achieved, either party may opt for arbitration or other agreed-upon dispute resolution mechanisms.
Liability for Unforeseen Circumstances:
Charter Electrical shall not be held liable for any delays, damages, or inability to perform services due to unforeseen circumstances beyond reasonable control, including but not limited to acts of nature, natural disasters, adverse weather conditions, civil disturbances, government regulations, strikes, labour disputes, accidents, or any events classified as force majeure or act of God. In the event of such unforeseen circumstances hindering or preventing the provision of services, Charter Electrical will make reasonable efforts to mitigate the impact. However, Charter Electrical shall not be held responsible for any direct or indirect losses, damages, or additional costs incurred by the customer resulting from these circumstances. Both parties agree to promptly communicate and make reasonable efforts to resolve any issues arising from unforeseen circumstances, with Charter Electrical making reasonable attempts to reschedule or complete the services affected by such events within a reasonable timeframe once conditions permit.
Additional Charges and Surcharges:
Services provided outside standard working hours, emergency call-outs, or the utilization of special equipment will be subject to additional fees or surcharges.
Communication Protocols:
Charter Electrical prefers communication via email or phone call for prompt and effective correspondence. However, to ensure accurate documentation of job details and agreements, written communication in the form of emails is preferred. The primary channels of communication for scheduling, discussing job specifications, modifications to services, or any contractual agreements shall be via email or phone call. Written documentation helps maintain clarity, accuracy, and serves as an official record of communications between Charter Electrical and the customer. In situations where verbal communication occurs, Charter Electrical encourages promptly following up with written confirmation via email to ensure alignment and clarity in all project-related discussions and agreements.
Privacy and Confidentiality:
Charter Electrical maintains strict confidentiality regarding client information and data shared during the provision of services.
Contract or Quote Variations Clause:
Any variations or alterations to the initially agreed-upon terms, specifications, or services outlined in the contract or quote provided by Charter Electrical require a formal written request and approval process. The following steps define the procedure for variations:
Written Request: In the event that the client wishes to introduce changes, modifications, or additional services not covered in the original contract or quote, a formal written request outlining the proposed variations must be submitted to Charter Electrical.
Evaluation and Documentation: Upon receipt of the written request, Charter Electrical will evaluate the proposed variations, considering their impact on project scope, timelines, costs, and resources. A detailed assessment of the requested changes will be documented.
Change Order Proposal: Charter Electrical will prepare a Change Order outlining the proposed variations, detailing the adjustments in project scope, associated costs, any impact on timelines, and other relevant modifications necessitated by the variations.
Mutual Agreement: Both parties must mutually agree in writing to the proposed variations before implementation. The client must provide written acknowledgment and approval of the Change Order issued by Charter Electrical.
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Execution Upon Approval: Once the Change Order is approved by both parties, Charter Electrical will proceed to implement the agreed-upon variations in accordance with the revised terms and conditions.
Note: Any variations or modifications made without following the prescribed procedure and obtaining mutual written consent may not be binding on Charter Electrical and could result in additional charges or delays.
Scope Creep Clause:
Scope creep refers to any unauthorized or undocumented changes, expansions, or alterations to the initially agreed-upon project scope. In the event that additional tasks or modifications beyond the defined scope are requested by the client, Charter Electrical will:
Document Requested Changes: Any proposed changes or expansions to the project scope must be formally documented and submitted by the client to Charter Electrical.
Evaluate and Document Impact: Charter Electrical will evaluate the proposed changes, detailing their potential impact on project timelines, costs, and resources.
Mutual Agreement: Both parties must mutually agree in writing to any changes before implementation. Charter Electrical will provide a Change Order detailing the adjustments in scope, associated costs, and timeline revisions for client approval.
Execution Upon Approval: Upon written approval of the Change Order by both parties, Charter Electrical will incorporate the agreed-upon changes into the project scope, with associated adjustments to the project timeline and costs.
Note: Any modifications or additional tasks carried out without proper documentation and mutual agreement are not binding on Charter Electrical and may result in additional charges or delays.
Termination Clause:
Either party may terminate the agreement under specified conditions, detailing the procedures and liabilities associated with termination.
Mutual Termination:
Termination of the agreement can be initiated by either Charter Electrical or the client through written notice, specifying the reasons for termination and the intended termination date.
Termination for Breach:
Charter Electrical reserves the right to terminate the agreement if the client breaches the terms outlined in the contract, fails to fulfill payment obligations, or violates agreed-upon responsibilities.
Termination for Convenience:
Either party may terminate the agreement for convenience without stating a cause by providing a 30 days' written notice.
Consequences of Termination:
Upon termination, the client is liable to settle any outstanding payments owed to Charter Electrical for services rendered up to the termination date, including any costs associated with purchased but not invoiced for materials and additional costs or expenses incurred due to the termination.
Return of Property or Materials:
Upon termination, any property, materials, or equipment belonging to Charter Electrical that are in the possession of the client must be returned promptly and in good condition.
Transition of Services:
In case of termination, both parties shall cooperate to ensure a smooth transition of services to minimize disruption. Charter Electrical will provide necessary documentation or information within its possession to facilitate the transition. However, Charter Electricals’ responsibility for the transition is limited to providing relevant documentation or information available at the time of termination and does not extend to actively managing or participating in the transition process.
Effect of Termination on Warranties:
Termination of the agreement nullifies all warranties or guarantees provided by Charter Electrical for services or products delivered during the contractual period.
Dispute Resolution after Termination:
Any disputes arising from the termination, or its consequences will still be subject to the agreed-upon dispute resolution mechanism outlined in the contract.
Survival of Certain Clauses:
Certain clauses, such as confidentiality, and those that by their nature should survive termination, shall continue to remain in effect post-termination.
Definitions:
Business Location: The present business address is Blackburn, VIC, 3130.
Basic Administration: Administrative tasks related to job organization, simple quoting, and invoicing.
Change Order: Formal documentation authorizing changes or modifications to the initial project scope, timeline, or costs, requiring mutual agreement between Charter Electrical and the client.
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Charter Electrical: This includes Charter Electrical Pty. Ltd., its employed staff, and electrical subcontractors working directly under Charter Electrical Pty. Ltd. Exclusions: suppliers, electrical inspectors, power supply authorities, government bodies, or other trades/organizations.
Completion Date: The agreed-upon or anticipated date by which all works or services are expected to be finished or delivered.
Customer/Client: Individuals or companies responsible for organizing work and settling invoices.
Definition of Minor Works: Generally defined as tasks requiring less than 15 minutes of labour. The specific definition is subject to Charter Electricals’ interpretation.
Dispute Resolution Process: Defined steps or procedures established to address and resolve conflicts or disagreements between Charter Electrical and its clients.
Emergency Call-out: Urgent or unplanned services requested outside standard working hours for immediate attention, usually in response to critical electrical issues or failures.
Genuine Contact: Communications initiated with or from Charter Electrical via email, phone conversation, verbal conversation, voice message, or SMS using verified contact information.
GST (Goods and Services Tax): Tax charged by the government on goods and services.
Invoice: A tax invoice issued by Charter Electrical to the customer.
Performance Standards: Specific benchmarks or criteria outlining the expected quality, efficiency, and standards for services or completed tasks.
Project Manager: An individual designated by Charter Electrical responsible for overseeing and coordinating tasks, resources, and schedules for specific projects.
Scope Creep: Refers to any unauthorized or undocumented changes or expansions in the project's scope beyond the initially agreed-upon work, potentially leading to additional costs or delays.
Site: The location where works are being performed.
Site Works: Tasks carried out at the location where works are being performed.
Supplier: Manufacturer or retailer of products, not affiliated with Charter Electrical.
Supplier Warranty: Terms and conditions set by product suppliers or manufacturers detailing warranty coverage, specifying the duration and conditions under which products are covered for defects or faults.
Variation: A variation refers to any proposed change, modification, addition, or adjustment to the original terms, specifications, scope of work, services, or requirements outlined in a contract, agreement, or quotation.
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Works/Works Performed: Any labour, administrative, or advisory tasks undertaken by Charter Electrical.
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