“Customers” mean the customer whose name is set out in the invoice
“Company” means GHP (NSW) Pty Ltd trading as Homegas
“Premises” means the Customer address set out in the invoice at which the Works are to be completed
“Works” means the electrical or gas works which the Company or its agents have been called by the Customer to the Premises to perform, or those Works which it becomes evident to the Company or its agent are required to be performed
- The Customer acknowledges that the Company may engage an agent or sub-contractor to perform the Works
- The Customer or occupant of the Premises must be present while the Works are completed, unless the Premises are vacant and unfurnished and prior authorisation is received from the occupant of the Premises prior to the commencement of the Works.
- The Customer must provide safe access to all relevant areas within the Premises (including garage etc.) to which access is required in order to carry out the Works.
- If a clear and present danger is discovered, and the rectification of this hazard is not part of the Works, this further Work must be authorised separately by the Customer.
- Any quotes for Works to be performed or parts to be provided in the future are current for a period of 30 days from the date of the quote. All prices and charges are Inclusive of GST unless otherwise stated.
- Where the Customer requesting the Works is not the owner of the premises the Customer is taken to have read and agreed to these terms and conditions, including to warrant that the Customer’s landlord/landlords’ agent has given the necessary authorisation required by law for the Work to proceed and that the Customer will indemnify the Company against any and all loss, damage, cost and expenses suffered or incurred as a result of any failure to obtain such authorization.
Workmanship – 3 months
Appliance installations – 12 months on workmanship
Relevant manufacturer’s warranty applies to all supplied parts and appliances
- The Company warrants:
- The Work will be performed in a proper manner to accepted trade standards and in accordance with the plans and specifications set out in this agreement;
- All materials supplied by the Company for use in the Work will be good and proper;
- The Work will be performed in accordance with all Statutory requirements
- If this agreement does not stipulate a period within which the Work must be complete, the Work will be performed with reasonable diligence;
- The Work and any materials used in performing the Work will be reasonably fit for the specified purpose or of such a nature and quality that they might reasonably be expected to achieve that result, if the Customer expressly makes known to the Company or an employee or agent of the Company, the particular purpose for which the Work is required or the result that the Customer desires the Work to achieve, so as to show that the Customer relies on the Company’s skill and judgement; and
- The Work will satisfy any applicable requirements under law
- To the extent that any defect in respect of the goods or services supplied under this agreement is attributable to the following:
- Misuse, abuse, neglect or accident by the Customer;
- Alteration, improper alteration or reinstallation by the Customer or any other person;
- Non-observance of use and maintenance instructions provided (if any);
- Repair. modification or repositioning by anyone other than a service technician approved by the Company in writing;
- Power failure, power surge, lightening, flood, fire, accidental breakage or other events outside of the Company’s control, the warranty provided under this agreement will not apply.
- Due to the nature of some types of services provided, it may be necessary to cut openings for access in walls, floors, ceilings or disturb finished surfaces to allow the installation of wiring or pipes. The Company will endeavour to inform you if this is necessary. The making good of any surfaces such as patching or painting Is the responsibility of the person authorising the Work. unless agreed to in writing by the Company.
- The Customer must pay to the Company the charges and other costs for the performance of the Works set out in this invoice.
- If this invoice is unpaid by the due date for payment set out in the invoice, the Company may In its discretion (in addition to any other remedies available) charge interest on the unpaid amount from the due date for payment of the invoice up to and including the date the invoice is actually paid. Interest will accrue daily and will be payable on demand.
- This is a payment claim made under the Building and Construction Industry Security of Payment Act, 1999, NSW.
- The Company may request that the Customer pay a non-refundable deposit of the GST inclusive price for the goods and/or services to be provided under this contract. If the Company requests the payment of such a deposit this contract is conditional on the payment by the Customer of that deposit on the date of this contract or on or before such other date as is specified by the Company. If the Customer terminates this contract prior to the installation of the goods or otherwise fails to perform its obligations under this contract, any such deposit may be forfeited to the Company and the Customer has no right to the deposit. Upon completion of the contract the Company must apply any such deposit in satisfying part of the GST inclusive price for the goods and services to be provided under this contract.
- a. Where applicable all deposits will be in compliance with the NSW Home Building Act.
b. Payments by credit card may attract fees and charges as levied by the credit card company.
- A 10% deposit is required upon acceptance of the quotation with the balance due on the day of installation of the goods. If the balance is being paid by direct deposit the funds must be in the Company’s bank account 24 hours prior to completion of the job.
- A full refund will be issued if the goods are returned and fully boxed and unopened within 30 days of purchase. After 30 days but before 60 days the customer may:
- Receive a credit note valid for 12 months for the full amount: or
- A 12% return fee is applicable.
- All orders should be collected within seven days of notification, failure to do so may incur storage costs of $5 per day per item unless otherwise agreed with the Company.
- Not withstanding that delivery has been made of any goods title to the goods shall not pass from the Company to the Customer until such time as full payment is received of the purchase price of the goods and the purchase price of any other goods sold pursuant to the Agreement.
- The Company is authorised to enter the premise of the Customer without prior notice in order to retake possession of any goods/services to which title has not passed to the Customer.
- The Customer agrees to pay all expenses legal or otherwise incurred by the Company by reason of retaking or attempting to retake possession of goods and services in accordance with clause 10.
- All appliances sold pursuant to this contract carry the manufacturer’s warranty and conditions
- All labour/installation work carries a 12 month warranty period from date of installation
- The Customer agrees to inspect the Goods immediately on the delivery thereof and shall within 7 days from such inspection give notice to the Seller if it alleges that the Goods are not in accordance with this contract. If the Customer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to accept and pay for the same accordingly.
- Goods supplied to the Customer are at the Customers risk once the Goods are ascertained or delivered to the Customer, its agent or a carrier commissioned by it (whichever is sooner).
- Notwithstanding sub-clause (1) hereof, Goods supplied shall remain the property of the Seller until they have been paid for in full and all moneys owing by the Customer to the Seller have been paid (whichever is later).