Terms + Conditions 

When engaging Adessa Electrical you are agreeing to the following Terms and Conditions. If you have any questions in relation to the following Terms and Conditions please contact us via info@adessaelectrical.com.au

 

Definitions 

“Client” means the person/s or business placing the order for Works and/or products supplied by Adessa Electrical to the Client as specified in any invoice, document or order. The Client warrants that they have the power to enter into this agreement and has obtained all necessary authorisations to allow them to do so.

“Quote” means any document containing a price for Works, including but not limited to Tax Invoices and Formal Quotations. 

“Works” means any services rendered, products delivered or any future or completed work done by Adessa Electrical. 

 

Binding Nature 

All orders placed with Adessa Electrical shall only be accepted subject to these Terms and Conditions. The Client has exclusively accepted and is immediately bound by these Terms and Conditions if the Client places an order for the product/s or services, signs any Quote, pays the deposit, continues to provide instructions and/or accepts the product/s or Works.

 

Adessa Electrical may, at any time, alter these Terms and Conditions and such altered Terms and Conditions shall apply after notification by Adessa Electrical to the Client.

 

Pricing

If there is any error or omission in an Invoice/Quote, Adessa Electrical reserves the right to change the contract sum on the Invoice/Quote. This clause applies even if the Invoice/Quote has been accepted by the Client. Prices invoiced/quoted are subject to final costing assessment by Adessa Electrical.

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Notwithstanding any other clause, the contract sum on the Quote will only be valid for 14 days from the date of the quotation unless otherwise noted. Adessa Electrical reserves the right to make any changes to the Quote if this time period lapses. 

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Adessa Electrical reserves the right to make any changes to the invoice/quotation including but not limited to the contract sum if either: (i) a variation is requested by the Client, (ii) a variation is required due to unforeseen circumstances once works have began, or (iii) a Invoice/Quote has not been fulfilled within 30 days of the date the Invoice/Quote was produced. Any variation from the invoice/quotation, schedule works or specifications will allow Adessa Electrical the right to stop the progress of any works until Adessa Electrical and the Client agree to changes. 

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Works must be completed within 30 days of invoice issue date, unless agreed to by both parties. If this time lapses for some or all of the items listed on the invoice, a new quote/invoice will be issued.

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Upon acceptance of the Invoice/Quote by the Client, Adessa Electrical requires a 50% deposit to be paid prior to any Works being commenced. This deposit is non-refundable. 

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Upon acceptance of the Invoice/Quote by the Client, the Client understands they have entered into an agreement with Adessa Electrical to complete the quoted works and can not be cancelled unless agreed to in writing by both parties. Adessa Electrical reserves the right to complete the quoted works in full or only in part. 

 

Terms of Payment

The Client shall make payment in accordance with payment terms outlined on the accepted Quote and/or Invoice. 

 

If the Client fails to make payment in accordance with the accepted Quote/Invoice payment terms, Adessa Electrical shall be entitled to:

• Require the payment of cash upon delivery and commencement of any further Works.

• Charge default interest at the rate of 9% per annum on all overdue amounts (including late payment charges and amounts other than the contract sum) calculated on a day to day basis on any monies due but unpaid, such interest to be computed from the due date for payment AND the parties agree that such default is not a penalty but is a true measure of damages incurred by Adessa Electrical. Payments received from the Client will be credited first against any default interest and all such charges shall be payable upon demand.

• Claim from the Client all costs relating to any action taken by Adessa Electrical to recover moneys or goods due from the Client including, but not limited to, any legal costs and disbursements on a solicitor-client basis.

• Cease any further Works for the Client and terminate any agreement in relation to services and/or products that have not been provided or delivered.

 

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

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Payment via credit/debit card using Stripe intergration on invoice:

When paying via an invoice using Stripe credit/debit card intergration a 1.95% of total amount due + 30c fee will apply. For a full Stripe AU term's and conidtion's please visit https://stripe.com/en-au

 

Property and Risk 

Notwithstanding delivery of the product/s or their installation, property in any given products shall remain with Adessa Electrical until the Client has paid and discharged any and all other indebtedness to Adessa Electrical on any account whatsoever including all applicable sales taxes and any other taxes, levies and duties.

 

The Client acknowledges that they are in possession of the products solely as a bailee for Adessa Electrical until payment has been made in full to Adessa Electrical and until such payment, the Client shall be fully responsible for any loss or damage to the goods whatsoever and howsoever caused following delivery.

 

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Force Majeure 

Adessa Electrical shall not be liable for any failure or delay in supply or delivery of the products or Works where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Adessa Electrical including, but not limited to natural disasters, fire, flood, industrial disputes or unrest, government restrictions, transport delays, product shortages and delays, theft, vandalism, or accidents of any kind. 

 

Products and Works 

If any products and Works specified within the Quotation/Invoice are unavailable at the time of the works being carried out, Adessa Electrical in its absolute discretion may substitute a reasonable alternative.

 

Warranties 

To the extent required by statute, subject to the conditions of warranty as may be set out in The Australian Consumer Law located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) Adessa Electrical warrants that if a defect in any of the Works carried out by Adessa Electrical is reported to Adessa Electrical within 12 months of the date of completion, then Adessa Electrical will either replace or remedy the Works subject to these Terms and Conditions.

 

This warranty will not be applicable in any of the following:

• Defect or damage caused which may be caused or partly caused by or arising through the failure of the Client to properly maintain any Works, follow any instructions or guidelines provided by Adessa Electrical, use of any Works in any other way than is outlined in the quotation or by the Client’s negligence.

• The Client continues to use any of the works after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user.

• The Client allows someone other than a licensed professional to deal with the products.

• If the works fail due to fair wear and tear, any accident or act of God.

 

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

 

In respect of all claims, Adessa Electrical 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.

 

If Adessa Electrical must make an inspection outside of our premises, Adessa Electrical may charge the Client a Call Out Fee for all reasonable costs incurred including labour, travelling and other out-of-pocket expenses incurred if the fault or defect is deemed to be outside this warranty.

 

Where the Client seeks to have defective goods replaced, Adessa Electrical must have received notice within 6 months of the Client receiving them and the goods must be returned to Adessa Electrical. 

 

Components and parts from third party suppliers are subject to the same warranty (if any) as is extended to Adessa Electrical by the supplier.

 

If Adessa Electrical replaces defective goods, ownership in those defective goods transfers wholly and unconditionally to Adessa Electrical.

 

If a claim is made by a Client and Adessa Electrical, after assessing the item, deem this to be out of warranty, Adessa Electrical will make reasonable attempts to contact the Client to arrange for the items to be returned. If, after 30 days, the Client has not made arrangements to have the goods returned, Adessa Electrical may dispose of the goods at the Client’s expense.

 

Time is of the essence in relation to all stipulated time requirements in this clause.

 

Client Acknowledgements 

It is the sole responsibility of the Client to check and confirm the Works outlined on the Quote/Invoice with Adessa Electrical prior to signing the Quote. Adessa Electrical will not be held liable for incorrect orders.

 

It is the responsibility of the Client to ensure that the Works can be completed without interruption, in a continuous work flow and on the mutually agreed date. Adessa Electrical reserves the right to charge the Client any extra costs incurred by Adessa Electrical by virtue of interruption including but not limited to additional return to site charges and travel costs. The Client shall be fully responsible to ensure that plumbing, electrical installations and any other installations not specified within this quotation do not foul the work area and associated areas. The Client shall be fully responsible for any necessary foundations.

 

The Client shall ensure that Adessa Electrical has clear and free access to the work site at all times to enable them carry out the Works. Adessa Electrical shall take all due and reasonable care when delivering and installing the product/s in accordance with the Terms and Conditions. Adessa Electrical shall not be liable for any loss or damage to the site.

 

The Client accepts all liability for, and indemnifies Adessa Electrical against, any custom orders or additional requests that are outside the usual scope of works, including but not limited to anything that is labelled as a “client/customer requirement”. The usual scope of works, and what is outside this, is determined solely by Adessa Electrical.

 

Adessa Electrical accepts no liability for the visual presentation or noise levels of installed products.

 

Termination

If the Client fails to comply with any of these Terms and Conditions or being a natural person or persons commits any act of bankruptcy or being a corporation passes a resolution for winding up or liquidation (other than for the purposes of reorganisation or reconstruction) or enters into any composition or arrangement with creditors or if a receiver or manager is appointed for any property or assets of the Client or becomes liable to be wound up by reason of insolvency or if any petition is presented for its winding up, or if a Liquidator or Provisional Liquidator is appointed, Adessa Electrical may, in addition to exercising all or any of its rights against the client, suspend any further deliveries and immediately recover possession of any products not paid for in accordance with the Terms and Conditions. Adessa Electrical will not be liable for any loss or damage the Client suffers as a result of Adessa Electrical exercising its rights under this Clause.

 

If a Client cancels or alters any order or part order for any product at any time after Adessa Electrical has received the order then Adessa Electrical reserves the right to charge to the Client the cost of any product/s or materials already acquired for the order together with cost of labour and tooling expended to the date of such cancellation or alteration. This is a genuine estimate of costs and expenses incurred by Adessa Electrical to date.

 

Adessa Electrical reserves its rights as Seller under the Sale of Goods Actor similar State or Territory laws.

 

Personal Property Securities Act 2009 (“PPSA”)

The Client acknowledges and agrees that:

• This agreement constitutes a security agreement for the purposes of the PPSA and creates a registrable security interest under the PPSA in all materials supplied or will be supplied by Adessa Electrical to the Client.

• Adessa Electrical has the right to register a financing statement under the PPSA with respect to the security interest created by this agreement.

• If Adessa Electrical registers a security interest under the PPSA, Adessa Electrical may exercise any or all remedies afforded to it as a secured party, without prejudice to any other rights or remedies arising out of a breach by the Client of any agreement with Adessa Electrical.

• The materials supplied or will be supplied by Adessa Electrical to the Client are collateral for the purposes of the PPSA.

 

The Client waives any right the Client has under the PPSA to receive notice in relation to registration events.

 

The Client and Adessa Electrical agree that neither party will disclose information of the kind specified under Section 275(1) of the PPSA.

 

Adessa Electrical may elect, at its absolute discretion and at any time, that any section of the PPSA specified in Section 115 will not apply to the extent permitted by Section 115.

 

This clause shall survive the Termination of the Contract.

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Photography + Videography 

Adessa Electrical may take photographs and/or video of Works completed. This may include, but not limited to: areas/rooms before work is commenced, progress shots/footage, and areas/rooms after the completion of Works. 

Photos and/or video may be used by Adessa Electrical for marketing purposes. This may include, but not limited to: on adessaelectrical.com.au, social media (e.g. Facebook, Instagram etc.), Google pages, email, print and digital marketing materials. 

If you do not wish to have your property photographed/videoed please notify Adessa Electrical before the commencement of works.  

 

General 

If any clause or part thereof of these Terms and Conditions is invalid or not enforceable in accordance with its terms, all other terms or parts thereof which are self-sustained and capable of separate enforcement without regard to the invalid or unenforceable clause or part thereof is and will continue to be valid and enforceable in accordance with its term.

 

The Client agrees that these Terms and Conditions are governed by and construed in accordance with the laws of the State or Territory of Australia from which this document is issued and the Client and Adessa Electrical submits to the non-exclusive jurisdiction of the Courts of the State or Territory of Australia from which this document is issued.

 

Subject to other clauses in these Terms and Conditions and implied provisions, Adessa Electrical shall not be liable whatsoever to the Client for any indirect, consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by Adessa Electrical of these Terms and Conditions. In the alternative, Adessa Electrical’s liability shall be limited to damages not exceeding the contract sum of the order.

 

Adessa Electrical may assign all or any part of its rights and obligations without the Client’s consent.

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