Terms and Conditions
- Acceptance of Terms and Conditions
1.1 By accepting the quote the client has agreed and accepted to comply and be bound by Verve Electrical Terms and Conditions.
- Ability to Vary Terms at Any Time
2.1 Verve Electrical retains the right to vary, modify, alter or update these terms and conditions at any time.
2.2 It is the client’s responsibility to be aware of any variations, modifications, alterations or updates made to Verve Electricals terms and conditions.
2.3 These terms may be altered by other documents if done so expressly in writing and only to the extent that the new terms conflict with the current terms and conditions. Changes to Verve Electrical Terms and Conditions may only be made by, or authorised in writing by Verve Electrical.
- Accuracy of Information
3.1 Verve Electrical does not accept liability, to the fullest extent permitted by the law, for any loss or damage arising from any errors, omissions or inaccurate information found on the website or project documents of the client or project at hand, either currently or historically.
- The Agreement
4.1 The quote constitutes an offer for the services provided.
4.2 The price of the quote is a base price and will be the price of the contract subject to the availability of required materials.
4.3 The price of the quote is also subject to the cost of additional labour and materials costs that were not anticipated at the time of the quotation.
4.4 The quote is a valid offer for a period of 30 days commencing form the date that the quote is made.
4.5 After the expiry of a quote, acceptance can only occur when there has been a reassessment of the works and may be subject to a variation in price.
4.6 Agreement of the contract may be oral, in writing, or when the deposit on the works are paid, or by clicking the link in the Servicem8 quote you were issued.
Please note – all materials installed at your premises remain the property of Verve Electrical until full payment is made by you, the client. Failure to provide full payment will incur interest charges as explained in the remainder of these Terms and Conditions – and may also involve the electrical disconnection and physical removal of all materials from your premises.
- Quotes Based on Plans Rather Than Inspection
5.1 The quote will detail the exact items to be sourced and installed and works to be provided.
5.2 Additional items that may be required will be a variation of the quote as no site inspection was possible at the quotation stage.
5.3 Verve Electrical does not take any responsibility for items that were not quoted due to lack of site inspection.
6.1 All payments are to be made in Australian dollars within 7 days of invoice issue.
6.2 Payments must be made by bank transfer – cheques will not be accepted as payment.
6.3 All payments are due within 7 days of issue as per 6.1.
6.4 Delayed payments are subject to maximum interest rate permitted by Penalty Interest Rate Act 1983 (VIC).
6.5 Verve Electrical requires commercial clients, and domestic clients by request only, to adhere to these payment progressions. No reason need be provided by Verve Electrical for making a request of progress payments to a domestic customer, however it is likely to relate to high material costs or high financial risk for Verve Electrical.
6.5.1 30% of the quote price to be paid after the agreement has been entered into but before works commence.
6.5.2 20% at the rough-in.
6.5.3 30% before fit-off
6.5.4 The remaining 20% upon the completion of works.
6.6 Where installments are required, Verve Electrical may refuse to continue works if an installment is not made. The client accepts all liabilities that arise from the failure to pay an installment including but not limited to, delay and increased costs of material or labour.
6.7 In addition to any remedies listed in these terms and conditions, without prejudice to any other rights Verve Electrical may have within the law or any other documents, Verve Electrical may;
6.7.1 Cancel or suspend works;
6.7.2 Refuse to continue works until payment is made;
6.7.3 Reclaim possession of any goods.
7.1 Where delivery is required, the client must provide Verve Electrical with an address to deliver goods to within Victoria, Australia.
7.2 The client must ensure that they are available to provide unrestricted access to the work site on the date of delivery.
7.3 Where a date of delivery has been set, Verve Electrical is entitled to charge a reasonable fee if the client cancels the delivery.
7.4 Verve Electrical may charge an additional fee if the delivery is not possible as a result of the client, including but not limited to restricted access to the work site.
7.5 All delivery dates set by Verve Electrical are estimates.
7.6 Verve Electrical is not liable for the non-delivery of goods or the delay of goods.
8.1 The performance of the work is conditional on the unrestricted access to the work site.
8.2 Verve Electrical accepts no liability arising from restricted or denied access to the work site, including but not limited to delays in the works.
8.3 The client authorises and accepts that additional cost may be incurred as a result of restricted or denied access.
- Title to Works, Services and Goods
9.1 Title to works, services and goods will not pass to the client until full payment of the contract.
9.2 The client authorises and accepts that the goods will be the property of Verve Electrical if the contract has been cancelled for any reason.
9.3 The client accepts and authorises Verve Electrical to enter premises for the purposes of reclaiming possession goods if full payment has not occurred within the payment timeframe, or within a strictly written negotiated timeframe approved by Verve Electrical if the original timeframe is not met.
9.4 The client will be liable for any damages to the goods that occur between the end or cancellation of the contract and Verve Electrical reclaiming the goods.
10.1 If the client has an issue with the services provided by Verve Electrical they must notify Verve Electrical within 7 days after of the completion of the services or before the completion of the services.
10.2 If the client has an issue with the goods provided by Verve Electrical they must notify Verve Electrical within 7 days of delivery.
10.3 The client authorises Verve Electrical to inspect the services or goods with 14 days after the notification.
10.4 After the inspection Verve Electrical must be given the opportunity to rectify the issue.
10.5 If the client fails to adhere to the procedure in this part then it will be deemed that the agreement was completed as specified to the fullest extent permitted by the law.
10.6 This part is not intended to limit the Australian Consumer Law and must be interpreted accordingly.
11.1 Once a contract has been entered into, it may only be cancelled if both the client and Verve Electrical agree.
- Warranties and Guarantees
12.1 Our goods 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.
- Hazardous Material
13.1 The quotation price is based on the assumption that there will be no hazardous material on the work site, unless expressly stated in writing.
13.2 Verve Electrical retains the right to refuse to continue works in the presence of hazardous materials.
13.3 Verve Electrical may insist that the client removes the hazardous materials at their own costs.
13.4 The client accepts all liabilities arising from the presences of hazardous materials, including but not limited to; delays in works, problems with works and removal of the hazardous material.
14.1 Verve Electrical retains the right to refuse to continue electrical works, where the worker(s) are of the opinion that it will unsafe.
14.2 If worker(s) are of the opinion that it is unsafe to continue works, Verve Electrical accepts no responsibility for any loss that arise from discontinuing works, including but not limited to delays.
14.3 The client accepts all liabilities arising from an unsafe worksite.
- Jurisdiction and Governing Law
15.1 All contracts are deemed to be made and finalised in Victoria, Australia.
15.2 All interactions made by Verve Electrical are subject to the laws of Victoria, Australia and, where appropriate, the Commonwealth of Australia.
15.3 By agreeing to the terms and conditions you have submitted to the jurisdiction of the Victorian Courts.
15.4 Where these terms and conditions conflict with the law, and are thus deemed invalid, these terms shall be interpreted to only be invalid to the extent to which the terms and condition conflict with the law.
15.5 For the avoidance of doubt, where a clause in these terms and conditions conflict with the law, only the part of the clause that is inconsistent should be consider to be invalid and the remainder of the clause shall be enforceable as far as permitted by the law.