SEQ Sparky Pty Ltd (ABN 72 666 569 820)
QLD Electrical Contractor Licence 90899
Effective Date: 1st January 2024
These terms and conditions are written in plain language so there is no confusion about your rights and obligations or ours. If anything is unclear, contact us before accepting a quote or allowing work to begin. By engaging our services, you confirm that you have read, understood and accepted these Terms in full.
The following is a summary only. The full terms below govern our agreement.
You accept these Terms by approving a quote, requesting work, allowing work to start or making any payment.
All quotes are exclusive of GST unless stated otherwise and are valid for 14 days.
Once you accept a quote, we may order materials immediately. If you cancel after acceptance, you are responsible for 100% of the cost of any materials already ordered plus a 20% restocking and handling fee on any materials that can be returned. Materials that cannot be returned (custom, cut-to-length or special order) are non-refundable.
Once work has commenced on site, you are liable for 100% of all materials supplied or ordered for the project regardless of whether they have been installed.
If we find hidden faults or non-compliant wiring during the job, additional charges will apply. We will notify you where practical before proceeding.
If a discount is applied to your quote, it is conditional on paying by the due date. If you pay late, the discount is removed and the full original price applies.
Late payments attract an administration fee of 10% of the original invoice amount plus interest at 2% per month. You are also responsible for all debt recovery and legal costs if we need to pursue the debt.
On larger projects requiring progress payments, work will stop if a progress payment is overdue. We may withdraw from the project entirely if the financial risk is too high.
All materials remain our property until paid for in full.
All workmanship carries a 12-month warranty. The warranty is void if another person interferes with our work without our written approval.
1.1 “Services” means all electrical work, installations, repairs, inspections, maintenance and related services carried out by SEQ Sparky Pty Ltd.
1.2 “Quote” means any written or verbal estimate of pricing provided by us for a defined scope of work.
1.3 “Accepted Quote” means a Quote that has been accepted by you in any manner described in Section 2.
1.4 “Variation” means any change to the original scope of work described in an Accepted Quote, whether requested by you or required due to site conditions, safety or compliance.
1.5 “Invoice” means any tax invoice issued by SEQ Sparky Pty Ltd for services rendered or materials supplied.
1.6 “Due Date” means the payment date stated on the Invoice. If no date is specified, payment is due within 7 days of the Invoice date.
1.7 “Progress Payment” means any scheduled payment required during the course of a project before final completion.
1.8 “Original Price” means the full price of the work before any discount, promotion or reduction is applied.
1.9 “Discounted Price” means the reduced price shown on the Quote or Invoice after any discount has been applied.
1.10 “Custom Materials” means any materials that are cut to length, made to order, specially manufactured, custom configured or otherwise unable to be returned to the supplier in original condition.
1.11 “Standard Materials” means any materials that can be returned to the supplier in original, unopened and undamaged condition subject to the supplier’s return policy.
2.1 You are deemed to have accepted these Terms in full if you do any of the following:
(a) Accept a Quote verbally, in writing or by electronic communication including email, text message or online form.
(b) Request or instruct work to proceed.
(c) Allow work to commence on your property or site.
(d) Make any payment including a deposit, progress payment or final payment.
2.2 These Terms are publicly available at seqsparky.com.au/terms-and-conditions and are referenced on all Quotes, Invoices and email correspondence issued by SEQ Sparky Pty Ltd.
2.3 You acknowledge that you have had reasonable opportunity to read and understand these Terms before engaging our Services. You acknowledge that these Terms have not been hidden, obscured or made difficult to access.
2.4 Claiming that you did not read, did not understand or were not aware of these Terms does not release you from any obligation under them.
2.5 If you are accepting these Terms on behalf of a company, trust, partnership or other entity, you represent that you have authority to bind that entity to these Terms.
3.1 All work will be carried out based on the agreed scope described in the Accepted Quote.
3.2 Any work that falls outside the original scope will be treated as a Variation and charged in accordance with Section 5.
3.3 All electrical work will be completed to the current AS/NZS 3000 Wiring Rules and applicable Queensland electrical safety legislation. A Certificate of Electrical Safety will be issued on completion of all notifiable electrical work as required by law.
3.4 Unless stated otherwise in the Quote, the scope of work does not include rectification of pre-existing defects, non-compliant wiring or work carried out by previous contractors.
4.1 Quotes are valid for 14 days from the date of issue unless stated otherwise in writing.
4.2 All pricing is exclusive of GST unless stated otherwise on the Quote.
4.3 Pricing is based on visible site conditions at the time of inspection and information provided by you. You warrant that the information you provide is accurate, complete and not misleading.
4.4 A Quote may be revised or withdrawn if:
(a) Information provided by you is incorrect, incomplete or misleading.
(b) Site conditions differ materially from what was visible or disclosed at the time of quoting.
(c) Additional compliance, safety or remediation work is required that was not reasonably foreseeable at the time of quoting.
(d) The cost of materials changes between the date of the Quote and the date work commences.
4.5 A revised Quote does not constitute a breach of the original Quote. You may decline the revised Quote, in which case work will not proceed beyond what has already been completed and you will be liable for all work completed and materials supplied or ordered up to that point.
4.6 Verbal estimates given on site or by phone are indicative only and are not binding. Only a written Quote constitutes a firm offer of pricing.
5.1 Variations may arise due to:
(a) Changes requested by you.
(b) Hidden faults, non-compliant wiring or deteriorated components discovered during works.
(c) Site conditions that differ from what was visible or disclosed at the time of quoting.
(d) Safety or regulatory requirements that must be met to complete the work lawfully.
5.2 Where practical, we will notify you of any Variation and its estimated cost before proceeding.
5.3 You acknowledge that in some cases, particularly where work is urgent or required for safety or compliance reasons, we may need to proceed with a Variation without prior approval to avoid leaving the installation in an unsafe, incomplete or non-compliant state.
5.4 All Variations will be charged at our applicable rates and added to the Invoice. Variations form part of the total amount owing under these Terms.
5.5 Your refusal to approve a necessary Variation does not release us from our legal obligations regarding safety and compliance. If we cannot complete the work safely without the Variation, we reserve the right to stop work and invoice for all work completed to that point.
6.1 Upon your acceptance of a Quote, we may immediately order, purchase or commit to the purchase of materials required for the project. This may occur before we attend site to commence work.
6.2 You acknowledge that once materials have been ordered, costs are incurred by us regardless of whether the materials have been delivered to site or installed.
6.3 Materials fall into two categories:
(a) Standard Materials that can potentially be returned to the supplier subject to the supplier’s return policy, restocking fees and the condition of the materials.
(b) Custom Materials that cannot be returned. Custom Materials include but are not limited to switchboards built to specification, cable cut to length, custom light fittings, special-order equipment, items ordered from interstate or overseas and any item modified or configured for your specific project.
6.4 You are responsible for 100% of the cost of all Custom Materials ordered for your project regardless of whether they have been delivered or installed.
6.5 You are responsible for 100% of the cost of all Standard Materials ordered for your project that cannot be returned or that have been opened, unpacked or delivered to site. For Standard Materials that can be returned in original condition, a restocking and handling fee of 20% of the material cost applies. This fee covers our time and cost in arranging returns, transport, administration and supplier restocking charges.
6.6 Once work has commenced on site, you are liable for 100% of the cost of all materials supplied to or ordered for the project, whether or not they have been installed. This includes materials in our vehicle, in our warehouse or on order with our suppliers for your project.
7.1 You acknowledge that:
(a) Existing electrical installations on your property may contain hidden faults, non-compliant work by previous contractors, deteriorated wiring, asbestos-containing materials or other unsafe components that cannot be identified during a visual inspection.
(b) Our Quote is based on what was visible and disclosed at the time of inspection. We cannot be held responsible for conditions that were concealed, unknown or not disclosed by you.
7.2 Any work required to rectify pre-existing conditions will be treated as a Variation and charged accordingly.
7.3 Where we identify pre-existing issues that pose a safety risk, we may be legally obligated to report them to the relevant authority and may be unable to proceed until they are rectified.
7.4 We are not liable for the cost of rectifying defects, faults or non-compliance that existed before our engagement.
8.1 You must provide:
(a) Safe, clear and unobstructed access to all work areas at the agreed time.
(b) A safe working environment free from hazards.
(c) Adequate space for tools, equipment and materials storage.
(d) Accurate information about the property including the location of any asbestos, water damage, structural issues or known electrical faults.
(e) Working utilities (power and water) where required for the work.
(f) Adequate parking for our service vehicle within reasonable proximity of the work area.
8.2 If access is not available at the agreed time, or if delays occur due to circumstances within your control:
(a) A return visit fee of $110 (inc GST) will be charged.
(b) Additional labour costs may apply at our standard hourly rate.
(c) Project timelines will be extended accordingly.
8.3 We are not liable for any delays, additional costs or consequential losses arising from your failure to provide adequate access or site conditions.
8.4 If we attend site and are unable to commence work due to circumstances within your control, the return visit fee applies regardless of the reason.
9.1 Payment is due by the Due Date stated on the Invoice. If no Due Date is specified, payment is due within 7 days of the Invoice date.
9.2 Accepted payment methods are bank transfer, credit card and cash. Credit card payments may attract a surcharge to cover merchant processing fees.
9.3 All Invoices are issued inclusive of GST.
9.4 We may require any of the following depending on the size and nature of the work:
(a) A deposit before ordering materials or scheduling work. The deposit is non-refundable if you cancel after materials have been ordered. See Section 18 for full cancellation terms.
(b) Progress Payments at agreed milestones during a project.
(c) Full payment on completion for smaller jobs.
9.5 By accepting a Quote that includes a payment schedule, you agree to make each payment by the specified Due Date without the need for further invoicing, reminders or requests.
9.6 We are not obligated to issue reminders, follow-up invoices or payment requests. The Due Date on the Invoice constitutes sufficient notice of your payment obligation.
10.1 This section applies to any project where a payment schedule with Progress Payments has been agreed.
10.2 Each Progress Payment must be received in full by its Due Date before the next stage of work will commence.
10.3 If a Progress Payment is overdue:
(a) All work will stop immediately. We are under no obligation to continue working while any amount remains unpaid.
(b) Project timelines will be extended by the number of days the payment is overdue plus any additional time required to reschedule trades and resupply materials.
(c) Additional costs incurred due to the delay, including remobilisation costs, material storage fees and rescheduling charges, will be added to the project cost.
(d) We will issue a written notice giving you 5 business days to make the overdue payment in full.
10.4 If payment is not received within 5 business days of the written notice, we reserve the right to:
(a) Withdraw from the project entirely at our sole discretion where we determine that continuing poses an unacceptable financial risk to our business.
(b) Invoice you for all work completed to date at the quoted rates.
(c) Invoice you for 100% of all materials supplied, ordered or committed for the project in accordance with Section 6.
(d) Invoice you for any cancellation fees, restocking fees, supplier penalties or subcontractor costs incurred as a result of the withdrawal.
(e) Remove from the site any materials or equipment that have not been paid for.
(f) Retain any deposit or Progress Payment already received as compensation for work completed and costs incurred.
10.5 If we withdraw from a project under this section:
(a) You are not entitled to any refund for work already completed or materials already supplied.
(b) You remain liable for the full amount invoiced for completed work and supplied materials.
(c) We will provide a Certificate of Electrical Safety for any work completed up to the point of withdrawal that constitutes a completed scope of electrical work.
(d) We are not liable for any loss, damage, delay, additional cost or consequential loss you incur as a result of our withdrawal.
(e) Engaging a replacement contractor does not release you from any outstanding payment obligations to us.
10.6 Our decision to withdraw from a project under this section is final and is not subject to dispute resolution under Section 23.
11.1 Where a discount or reduced price is offered on a Quote or Invoice, that discount is conditional upon one requirement only: full payment received by the Due Date.
11.2 This condition applies to all forms of discounts including percentage reductions, quoted discounts, promotional offers, repeat client pricing, loyalty pricing, bundle pricing and any other form of reduced pricing offered at our discretion.
11.3 If full payment is not received by the Due Date:
(a) The discount is automatically and immediately revoked without further notice or communication from us.
(b) The full Original Price becomes payable.
(c) The Invoice will be reissued at the full Original Price.
(d) All late payment provisions in Section 12 will apply to the full Original Price, not the Discounted Price.
11.4 Worked example: The Original Price for a job is $1,000. A 15% discount is applied, making the Discounted Price $850.
Scenario 1: You pay $850 by the Due Date. The job is settled in full.
Scenario 2: You do not pay by the Due Date. The discount is revoked. You now owe the Original Price of $1,000, plus the 10% administration fee of $100 (calculated on the Original Price), plus interest at 2% per month on the total outstanding amount of $1,100 from the Due Date until payment is received.
11.5 The discount represents a commercial benefit extended to clients who pay within the agreed timeframe. Prompt payment reduces our administrative costs and financial risk. When payment is late, those savings no longer exist and the basis for the discount is removed. This is not a penalty. It is the removal of a conditional benefit.
11.6 You acknowledge that you have read this section, that the discount mechanism has been explained clearly with a worked example, and that you understand the financial consequences of late payment.
12.1 If payment is not received by the Due Date, the following applies in addition to the discount revocation in Section 11:
(a) An administration fee of 10% of the Original Price (before any discount) will be added to the outstanding amount. This fee is a genuine pre-estimate of the additional administrative cost we incur when payments are not received on time. These costs include but are not limited to: staff time spent preparing and sending payment reminders, phone calls and emails to chase payment, compiling records of completed work and correspondence, preparing documentation for debt recovery agents, liaising with solicitors, and management time diverted from productive work.
(b) Interest will be charged at the rate of 2% per month (or pro-rata for part of a month) on the total outstanding amount from the Due Date until payment is received in full.
12.2 We reserve the right to:
(a) Suspend all current and future work, including warranty work, until all outstanding amounts are paid in full.
(b) Withhold Certificates of Electrical Safety and compliance documentation until payment is received. We acknowledge our legal obligation to issue certificates for completed notifiable work and will comply with that obligation, but may withhold other documentation.
(c) Decline to provide quotes or accept new work from you until all outstanding amounts are resolved.
(d) Engage a debt recovery agency or solicitor to recover the outstanding amount at any time after the Due Date.
(e) Report the debt to a credit reporting agency in accordance with the Privacy Act 1988 and the Credit Reporting Code.
12.3 All costs associated with recovering the debt are payable by you on a full indemnity basis. This includes but is not limited to: collection agency fees and commissions, solicitor fees, barrister fees, court filing fees, hearing allocation fees, process serving costs, skip tracing and locate fees, asset search fees, statutory demand preparation costs, winding-up application costs, bankruptcy notice costs, enforcement costs (including sheriff or bailiff fees), and any other costs, fees or disbursements reasonably incurred in pursuing the debt.
13.1 If payment remains outstanding after reasonable attempts to recover the debt:
(a) All work will cease immediately, including any work in progress on any project.
(b) All materials, equipment and fittings supplied but not paid for remain our property and may be recovered from the site in accordance with Section 14.
(c) Legal proceedings may be commenced without further notice.
(d) A default listing may be lodged with a credit reporting agency.
(e) If you are a company or trust, we may issue a statutory demand under Section 459E of the Corporations Act 2001 (Cth) for any debt exceeding the statutory minimum.
(f) If you are an individual, we may issue a bankruptcy notice under the Bankruptcy Act 1966 (Cth) for any debt exceeding the statutory minimum.
13.2 Commencing legal proceedings does not waive our right to continue accruing interest and fees on the outstanding amount.
14.1 All materials, equipment and fittings supplied by us remain our property until we have received payment in full for all amounts owing under all Invoices, not just the Invoice relating to those specific materials. This is a retention of title clause.
14.2 Until title passes to you:
(a) You hold the materials as bailee for us.
(b) You must store the materials separately and in a manner that clearly identifies them as our property where practical.
(c) You must not sell, dispose of, modify, encumber or grant any security interest over the materials.
(d) You must not allow any third party to assert any claim or interest over the materials.
14.3 Where payment has not been received, you grant us an irrevocable licence to enter the site at any reasonable time and recover any unpaid materials and equipment. You agree to provide access for this purpose and will not obstruct or prevent recovery.
14.4 We may register a security interest over supplied materials under the Personal Property Securities Act 2009 (Cth) (PPSA). You consent to any such registration and agree:
(a) Not to object to any registration.
(b) To provide all information and do all things necessary to facilitate the registration.
(c) That to the extent permitted by law, you waive your rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d), 132(4) and 135 of the PPSA.
15.1 We reserve the right to:
(a) Refuse to carry out work that we consider unsafe at our sole discretion.
(b) Stop work immediately where hazards are identified, including but not limited to asbestos, structural defects, water damage, gas leaks or hazardous substances.
(c) Require compliance upgrades where existing installations do not meet current safety standards.
(d) Report unsafe installations to the Electrical Safety Office or other relevant regulatory authority as required by law.
15.2 We will not energise, certify or complete any installation that is unsafe or non-compliant with applicable legislation and standards. Any additional work required for compliance will be quoted as a Variation.
15.3 You are responsible for the ongoing safety, maintenance and compliance of your property’s electrical installation after we have completed our work and issued a Certificate of Electrical Safety.
15.4 If you instruct us to carry out work that we determine is unsafe or non-compliant, we will refuse the instruction. Your refusal to authorise necessary safety or compliance work does not release us from our legal obligations and we may stop work entirely.
16.1 All workmanship is covered by a 12-month warranty from the date of completion.
16.2 Manufacturer warranties apply to all products and materials supplied and will be passed through to you where applicable. We will provide manufacturer warranty documentation on request.
16.3 To make a warranty claim you must:
(a) Notify us of the defect within a reasonable time of becoming aware of it.
(b) Provide us with reasonable access and opportunity to inspect and rectify the defect during normal business hours.
(c) Not attempt to rectify the defect yourself or engage another contractor to do so before giving us reasonable opportunity to assess and repair it.
16.4 The warranty covers defects in our workmanship only. It does not cover:
(a) Damage caused by misuse, neglect, accidental damage, wear and tear, power surges, lightning strike, water damage, pest damage, fire or natural disaster.
(b) Defects arising from pre-existing conditions that were not part of our scope of work.
(c) Issues caused by work carried out by you or any other person after our work was completed.
(d) Damage caused by failure to maintain the installation in accordance with manufacturer recommendations.
(e) Cosmetic damage that does not affect the function or safety of the installation.
16.5 The warranty is void if any person other than SEQ Sparky Pty Ltd carries out work on, modifies, alters, tampers with or interferes with our completed installation without our prior written approval. This includes work by other licensed electricians, unlicensed persons or the property owner.
16.6 Our warranty is in addition to, and does not exclude, restrict or modify, any consumer guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
17.1 To the maximum extent permitted by law, SEQ Sparky Pty Ltd is not liable for:
(a) Indirect, consequential, special or incidental losses of any kind however arising.
(b) Loss of income, profit, revenue, production, business, contracts or anticipated savings.
(c) Loss of data, damage to equipment or property not directly caused by our negligence.
(d) Pre-existing faults, defects or non-compliance.
(e) Delays or losses caused by events outside our reasonable control.
(f) Any loss arising from your failure to provide accurate information, safe access or timely payments.
(g) Any loss arising from your failure to act on our recommendations regarding safety or compliance upgrades.
17.2 Our total aggregate liability for any claim or series of related claims arising from or connected with our Services is limited to the lesser of:
(a) The value of the Services provided under the relevant Quote or Invoice.
(b) The cost of having the relevant Services re-performed by a qualified third party.
17.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot be excluded, restricted or modified by law. Where our liability cannot be excluded, it is limited to the maximum extent permitted by law.
18.1 Cancellation before materials are ordered: If you cancel within 24 hours of accepting a Quote and before we have ordered any materials, no cancellation fee applies. If you cancel after 24 hours but before materials are ordered, a cancellation fee of $150 (inc GST) applies to cover the cost of site inspection, quoting, design work and administration.
18.2 Cancellation after materials are ordered but before work commences: If you cancel after we have ordered materials but before work has commenced on site, you are liable for:
(a) 100% of the cost of any Custom Materials ordered for your project. Custom Materials cannot be returned and are non-refundable.
(b) 100% of the cost of any Standard Materials that have been opened, unpacked, delivered to site or cannot be returned to the supplier.
(c) For Standard Materials that can be returned in original condition, a restocking and handling fee of 20% of the material cost. This fee covers our time and cost in arranging returns, repackaging, transport, supplier restocking charges and administration.
(d) The $150 cancellation fee for quoting and administration.
18.3 Cancellation after work has commenced: If you cancel after work has commenced on site, you are liable for:
(a) 100% of all work completed to date, charged at the rates in the Accepted Quote.
(b) 100% of all materials supplied to the site, whether installed or not.
(c) 100% of all materials ordered for the project, whether delivered or not. This includes materials in our vehicle, in our warehouse, in transit or on order with our suppliers.
(d) Any cancellation fees, restocking fees, supplier penalties, early termination fees or subcontractor costs incurred as a result of the cancellation.
(e) Any costs incurred in making the installation safe and compliant up to the point of cancellation. We cannot leave an installation in an unsafe or non-compliant state.
18.4 Upon cancellation, we will provide an itemised Invoice for all amounts owing within 7 business days. Payment terms in Section 9 apply to all cancellation invoices.
18.5 If you have paid a deposit, the deposit will be applied against the cancellation costs. If the deposit exceeds the cancellation costs, the balance will be refunded within 14 business days. If the cancellation costs exceed the deposit, the balance is payable by you.
18.6 Cancellation does not release you from any outstanding payment obligations under these Terms.
19.1 We reserve the right to cancel or suspend Services at our sole discretion where:
(a) Site conditions are unsafe or unsuitable for work.
(b) You or any person on site is abusive, threatening, intimidating or physically aggressive toward our staff, subcontractors or any other person on site.
(c) The requested work would breach legislation, regulations or safety standards.
(d) Payment terms have not been met on current or previous engagements.
(e) We have reasonable grounds to believe that payment will not be made based on your payment history, financial circumstances or conduct.
(f) You have provided materially false or misleading information.
(g) You are subject to insolvency proceedings, bankruptcy, administration, liquidation or receivership.
19.2 If we cancel Services under this section, you remain liable for all work completed, materials supplied or ordered and costs incurred up to the date of cancellation, in accordance with Section 18.3.
19.3 If we suspend Services under this section, we will provide written notice stating the reason for the suspension and any conditions that must be met before work will resume.
20.1 We are not liable for delays or failure to perform our obligations where the cause is beyond our reasonable control, including but not limited to severe weather, natural disaster, flood, fire, pandemic, epidemic, supply shortages, equipment failure, government restrictions, regulatory changes, industrial action, utility outages, transport disruption or cyber attack.
20.2 Where a force majeure event occurs, we will notify you as soon as reasonably practical and take reasonable steps to minimise the impact. Project timelines will be extended by the duration of the event plus any additional time reasonably required to remobilise.
20.3 If a force majeure event continues for more than 60 days, either party may terminate the agreement by written notice. In that case, you are liable for all work completed and materials supplied to that point.
21.1 You agree to indemnify and hold harmless SEQ Sparky Pty Ltd, its directors, employees, agents and contractors from and against all losses, liabilities, claims, demands, damages, costs and expenses (including legal fees on a solicitor-client basis) arising from or in connection with:
(a) Your breach of any term of these Terms.
(b) Your failure to provide accurate and complete information.
(c) Your failure to provide safe access or suitable site conditions.
(d) Your failure to make payments when due.
(e) Any claim by a third party arising from or connected with your property, your instructions or your use of our Services.
(f) Pre-existing defects, faults or conditions on your property that were not caused by us.
(g) Your failure to act on our recommendations regarding safety or compliance.
21.2 This indemnity survives the completion or termination of our Services and is a continuing obligation.
22.1 All content, documents, Quotes, designs, drawings, specifications, photographs, reports and website material produced by SEQ Sparky Pty Ltd remain our intellectual property.
22.2 No content may be copied, reproduced, distributed, shared, published or used for any purpose without our prior written consent.
22.3 Quotes, designs and specifications are prepared specifically for the client and project they were issued for. They may not be used to obtain competing quotes, provided to other contractors, shared publicly or used for any project other than the one they were prepared for.
22.4 You may retain copies of Certificates of Electrical Safety and compliance documentation for your records.
23.1 We collect and handle personal information in accordance with our Privacy Policy, available at seqsparky.com.au/privacy-policy, and the Australian Privacy Act 1988.
23.2 By engaging our Services, you consent to the collection, use, storage and disclosure of your personal information as described in that policy.
23.3 We may disclose your personal information to debt recovery agents, solicitors, credit reporting agencies and courts for the purpose of recovering outstanding debts.
24.1 If a dispute arises, both parties agree to first attempt resolution through direct negotiation in good faith. The party raising the dispute must do so in writing, setting out the nature of the dispute and the outcome sought.
24.2 If the dispute cannot be resolved through negotiation within 14 days of the written notice, either party may refer the matter to mediation through a mutually agreed mediator, or if no agreement can be reached on a mediator, a mediator appointed by the Queensland Law Society. The cost of mediation will be shared equally unless the mediator determines otherwise.
24.3 If mediation is unsuccessful or either party refuses to participate in mediation, either party may commence legal proceedings.
24.4 Nothing in this section prevents us from:
(a) Commencing legal proceedings for recovery of unpaid amounts at any time without first engaging in negotiation or mediation.
(b) Seeking urgent injunctive or interlocutory relief from a court.
(c) Exercising our rights under Sections 12, 13 and 14 at any time.
24.5 These Terms are governed by the laws of Queensland, Australia. Both parties submit to the exclusive jurisdiction of the courts of Queensland and any courts of appeal from those courts.
25.1 If any provision of these Terms is found to be invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions continue in full force and effect.
25.2 The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving its original commercial intent as closely as possible.
26.1 A failure by us to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
26.2 A waiver of any right or provision is only effective if made in writing and signed by an authorised representative of SEQ Sparky Pty Ltd.
26.3 A waiver on one occasion does not constitute a waiver on any subsequent occasion.
27.1 These Terms, together with any Accepted Quote, any agreed payment schedule and any Variation agreed in writing, constitute the entire agreement between us and you.
27.2 These Terms supersede all prior discussions, representations, undertakings, negotiations and agreements, whether written or verbal, relating to the subject matter of these Terms.
27.3 No amendment to these Terms is binding unless made in writing and signed by an authorised representative of SEQ Sparky Pty Ltd.
27.4 If there is any conflict between these Terms and any other document (including a Quote), these Terms prevail unless the Quote expressly and specifically states that it overrides a particular clause of these Terms.
28.1 Any notice required under these Terms must be in writing and may be delivered by:
(a) Email to the email address provided by either party.
(b) Post to the address provided by either party.
(c) Hand delivery.
28.2 A notice is deemed received:
(a) If sent by email, at the time of sending unless the sender receives a delivery failure notification.
(b) If sent by post, 3 business days after posting.
(c) If hand delivered, at the time of delivery.
29.1 We may update these Terms at any time. The current version will always be available at seqsparky.com.au/terms-and-conditions with the effective date shown at the top.
29.2 For existing projects with an Accepted Quote, the Terms in effect at the time the Quote was accepted will apply to that project unless you accept a new Quote or engage additional Services after the Terms have been updated.
29.3 For all new Quotes and engagements, the current version of these Terms applies.
SEQ Sparky Pty Ltd
Phone: 0431 110 148
Email: info@seqsparky.com.au
Web: seqsparky.com.au/contact
Post: Newnham Road, Mount Gravatt East QLD 4122
QLD Electrical Contractor Licence 90899
ABN 72 666 569 820