TERMS AND CONDITIONS OF SERVICE
1. Definitions and Interpretation
"Company" means James Brian Chahoud trading as CHAHOUD, JAMES BRIAN (ABN: 51 637 122 355).
"Customer" means the person, firm, or corporation requesting and receiving Services from the Company.
"Services" means all electrical installation, repair, maintenance, and related trade services provided by the Company.
2. Quotes, Variations, and Scope of Work
Scope: The Company will perform only the specific work detailed in the approved quote or estimate. Any additional work requested will be treated as a variation.
Hidden/Unforeseen Conditions: Quotes are based on visual inspection only. If the Company encounters unforeseen conditions—including but not limited to faulty pre-existing wiring, non-compliant switchboards, structural hazards, or hazardous materials (e.g., asbestos)—work will stop immediately. The Company will provide a variation quote, and work will not resume until the Customer approves the additional costs in writing.
Validity: Quotes are valid for thirty (30) days from the date of issue unless otherwise specified.
3. Payment Terms, Fees, and Overdue Accounts
Payment Schedule: Payments must be made strictly in accordance with the terms stated on the invoice (e.g., Net 7 days, or cash/card on completion).
Deposits: For larger projects, a deposit may be required before materials are ordered or work commences.
Late Payments: The Company reserves the right to charge interest on all overdue accounts at a rate of 2% per month, compounding daily, until the balance is paid in full. The Customer will also be liable for all debt collection and legal costs incurred by the Company.
Title to Materials: Ownership of all parts, materials, and equipment supplied by the Company remains with the Company and does not pass to the Customer until all outstanding invoices for the job are paid in full.
3.1 Emergency and After-Hours Call-Out Fees
Definition of Standard Hours: Standard business hours are defined as 7:00 am to 5:00 pm, Monday to Friday, excluding New South Wales public holidays. Any request for services outside of these hours will be classified as an After-Hours or Emergency Call-Out.
Dispatch and Minimum Charges: All After-Hours and Emergency Call-Outs incur a fixed, non-refundable Emergency Call-Out Fee of [$250]. Once a technician is dispatched or en route, this fee applies immediately and cannot be waived. This fee covers travel time, vehicle/tool usage, and the initial diagnosis or safety isolation.
Hourly Rates and Surcharges: Labour performed during an After-Hours Call-Out is charged at the Company’s emergency penalty rate of [$100] per hour, with a minimum billing requirement of [2] hours, regardless of whether the actual repair takes less time.
Scope of Emergency Service: The primary objective of an emergency call-out is to make the electrical system safe and isolate faults. If a permanent repair requires non-stock parts or extensive labor, the Company will make the site safe, and standard standard-hour rates will apply to the subsequent permanent repair work scheduled during normal business hours.
Cancellation: If the Customer cancels an emergency call-out request after a technician has been dispatched, the full Emergency Call-Out Fee remains payable.
4. Site Access and Customer Obligations
Access: The Customer must ensure the Company has clear, safe, and uninterrupted access to the work site, including relevant fuse boxes, switchboards, and wiring areas.
Site Hazards: The Customer must inform the Company of any known hazards on the property (such as pets, structural defects, or hazardous materials) before work begins.
Delays: If the Company is unable to perform the work due to lack of access or site unreadiness, a call-out fee and waiting time charges may apply.
5. Limitations on Liability and Exclusions
Pre-existing Defects: The Company accepts no liability for damage, system failures, or outages caused by pre-existing electrical faults, non-compliant wiring, or defects in the Customer's existing infrastructure.
Consequential Loss: To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of business, loss of revenue, data corruption, or spoilage of goods resulting from a power outage during or after the service.
Maximum Liability: The Company’s total liability for any claim arising out of this agreement, whether in contract or tort, is strictly limited to the total amount paid by the Customer for the specific Service provided, or the limits of the Company’s active liability insurance.
High-Hazard & Underground Exclusions: In alignment with our strict operational limits, the Company does not provide services, and disclaims all liability, for work involving underground utility lines where positions have not been mapped by authorities, or high-hazard zones including rail corridors, power transmission lines, and aviation facilities.
Geographical Exclusions: The Company does not operate or provide covered services within the state of Queensland.
6. Warranties and Warranty Claims
6.1 Australian Consumer Law Guarantees Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). For major failures with the service, you are entitled to:
Cancel your service contract with us; and
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. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
6.2 Company Workmanship Warranty Subject to the conditions and exclusions outlined in this clause, the Company provides a 12-month warranty on workmanship starting from the date the Services were completed. This warranty covers defects solely and directly arising from faulty installation or execution by the Company.
6.3 Materials and Third-Party Equipment Warranty
The Company does not manufacture the parts, fixtures, or materials used in the Services (including but not limited to switchboards, cables, safety switches, LED lighting, and smart home modules).
All materials are covered exclusively by the relevant manufacturer’s warranty.
The Company will provide reasonable assistance to the Customer to facilitate a manufacturer’s warranty claim, but the Company is not independently liable for the failure, replacement, or repair costs of third-party materials unless the failure was directly caused by faulty installation.
6.4 Warranty Exclusions To the maximum extent permitted by law, the workmanship warranty is entirely void, and the Company accepts no liability, if the defect or fault arises from or is aggravated by:
Customer Misuse or Neglect: Modification, alteration, repair, or interference with the electrical installation by the Customer or any third party not authorized in writing by the Company.
Environmental & External Factors: Force majeure events, extreme weather, lightning strikes, power surges, voltage fluctuations, pest/rodent damage, or water ingress not caused by the Company's work.
Pre-existing Systems: Faults developing in pre-existing wiring, components, or appliances that were connected to, but not installed or replaced by, the Company.
Fair Wear and Tear: Normal deterioration of consumable components (e.g., light globes, fuses, batteries) over time.
6.5 Warranty Claim Procedure To make a valid claim under the Company's workmanship warranty, the Customer must:
Provide Written Notice: Notify the Company in writing within seven (7) days of first noticing the alleged defect. The notice must include the original invoice number, a detailed description of the fault, and photographic or video evidence where applicable.
Allow Inspection: Provide the Company with reasonable access to the property during normal business hours to inspect the alleged defect and determine the cause of the failure.
Mitigate Loss: Take all reasonable steps to mitigate any further damage or hazard until the Company can inspect the site (e.g., turning off the affected circuit if it is safe to do so).
6.6 Rectification Costs
If an inspection reveals a valid defect covered by the Company's workmanship warranty, the Company will rectify the defect at its own cost (including labour).
If the inspection reveals that the fault is not covered by the workmanship warranty (e.g., it is a manufacturer product failure, a pre-existing fault, or caused by external factors), the Customer will be liable for the standard call-out fee and hourly rates for the time spent diagnosing the issue.
7. Cancellation and Termination
Notice: The Customer must provide at least 24 hours' notice to cancel or reschedule a scheduled job.
Fees: Cancellations made with less than 24 hours' notice may incur a cancellation/booking fee. If the Company has already purchased specialized materials for the Customer's job, the Customer remains liable for the cost of those materials.
8. Governing Law
This agreement is governed by the laws of New South Wales, and both parties submit to the exclusive jurisdiction of the courts of NSW.