Terms of trade
Website TERMS and CONDITIONS of use:
It is a condition of access or use of Tenmen Electrical’s website [hereafter referred to as “website”], that it is agreed and understood that all content, code, and intellectual property is copyright and protected to the full extent of the law. Commercial use of any information or content, including terms and conditions, images, or other are expressly prohibited.
All acts, actions, comments, conduct and consequences for those acts remain the sole responsibility of each website user. It is a condition of use that users of this website indemnify Tenmen Electrical or their subsidiaries, from all loss, damage, offense, and/or reliance on this content. We retain the right to alter, amend, or make changes content at any time, with notice being the existence of such changes.
Comprehensive Terms and Conditions may appear on Tenmen Electrical’s website. In this event, the Terms and Conditions that feature on Tenmen Electrical’s website are deemed to serve and apply to all future dealings between parties as notice of any amendments to Terms and Conditions.
STANDARD TERMS and CONDITIONS of sale:
Tenmen Electrical value our Customers, respecting your consumer guarantees and rights, and those of fair trade, and good business practice. All work is guaranteed in compliance with Queensland’s Electrical Safety Act (2002), the Electrical Safety Regulation (2013), Work Health and Safety Act 2011 and Australia’s standards and statutory consumer guarantees.
We, Tenmen Electrical (Lic No: 77983) are the CONTRACTOR (i.e. “we”, “our”, or “us”); You, are the CUSTOMER (i.e. “you”, “yours”, or the “client”); Suppliers are (third party suppliers/providers) who supply us goods, materials, or other services. Customers engage us to perform services, and supply goods and materials at a price in accordance with our terms and conditions. All reference to Customer includes all Customers, unless a group of Customers has been otherwise specified.
- All changes to our terms and conditions, policies, practices, and website have immediate effect
- In receiving a billing notice [i.e. Quote, Estimate, Tax Invoice, Invoice, or other], it is confirmed that you have read, understood, and agreed-to all terms and conditions of Tenmen Electrical – those expressed, intended, implied, and or otherwise published – and accept the full responsibility, performance, and liability of that agreement.
- A Client Agreement or informal acceptance of an offer exists on engagement of our service, acceptance of an estimate or quote, or booking our service. To formally accept an offer, quoted price, or make a booking, an ‘acceptance deposit’ (minimum $50) is required upon booking or engagement of our services.
- Payment: Tax Invoices and billing notices are ‘PREPAID’ or ‘CASH ON DELIVERY’ [COD] which are heavily discounted. Payment can be made in cash, credit or debit card, or instant bank transfer (with confirmation/receipt). As such, it is a condition of agreement, contract, supply, service, and/or sale that PREPAID or COD discounts only apply to invoices that are settled in-full at the time of: order; day of supply or service; day of installation, or otherwise agreed by us in writing.
- All outstanding or overdue Tax Invoices or billing notices revert to ‘Account-Terms pricing’ (see Account-terms invoicing). At our discretion, Established Loyalty Customers may be offered ‘Discounted Account-Terms Pricing’,subject to maintaining the agreement.
- Price: Only goods paid-in- full at the time of order, are supplied as quoted; price thereafter remains at the sole discretion of the Contractor, and the Contractor retains the right to amend the price should their supplier’s price in cost.
- Supply of Goods, Delays, Warranty claims, or Returns: Customer agrees to indemnify the Contractor from compensation for any fault, inconvenience, or delay in supply of goods, materials, or service, particularly that of facilitating warranty claims with suppliers. Goods and materials supplied by Tenmen Electrical maybe covered under third party agreements and warranties, and may be subject-to, or limited-by their terms and conditions of trade, and return processes. Customer acknowledges that additional or unforeseen delays, or costs incurred, such as labour or freight, are borne solely by the Customer.
- Customer’s Legal responsibility: The Customer is responsible for acquiring necessary consent from Government and/or other (external or internal) authority with regard but not limited to matters such as building approvals, environmental approvals, land use, lawful access, right of way, and body corporate compliance.
- Limitation of Contractor’s liability and Disclaimer: Tenmen Electrical undertake work with all due-care and expertise, however act at the requested and direction of Client(s), whom: indemnify Tenmen Electrical – their employees, subcontractors, and/or their subsidiaries, to the extent permitted by law – from any damage to property or person that is beyond their control; and/or that is due to existing unauthorised or illegal modifications or repairs; product failures or faulty materials; installation and excavation that comes into contact with any undisclosed and/or underground services; such as: gas, sewer, electrical, plumbing, water, oil pipes, cables and/or other objects or services, and/or any damage that is caused by liquid, rust or corrosion; negligence or misuse. At the sole discretion for the Contractor, all statutory warranties that can be lawfully excluded are hereby expressly excluded.
- Contractor’s Rights Reserved: The Contractor reserves the right to decline services requested by a Customer; cancel or postpone bookings/appointments; amend Tax Invoices, or billing documents to reflect the terms and conditions of trade, or that of the actual cost of materials, supply, service, or proper fulfillment of the agreement.
- Variations to the ‘scope of work’: including undisclosed, unforeseen and/or additional labour, goods, materials, and/or services – will be advised at the earliest opportunity where possible, and invoiced in addition to the original agreement.
- Cancellation of engagement after acceptance: may incur costs, you agree to the liability of all reasonable costs incurred by us in preparation or cancellation of this agreement, including but not limited to non-recoverable freight charges, restocking fees, and any other labour or work required to complete the cancellation of agreement.
- Title and ownership: We retain title to all equipment, services, materials, and supply until full-and- final payment has been received, at which time ownership is transferred to the Customer. In no circumstance that an invoice remains outstanding will equipment, services, and materials supplied by us be deemed a fixture.
- Account-Terms Invoicing, excludes existing discounts, and is double the PREPAID or COD price, and includes: a 10% monthly account-management fee on outstanding balances; in addition to any-and- all associated debt-recovery costs; as well as Court document preparation, servicing, and lodgement fees. Debt recovery costs, and debt recovery initiation occurs thereafter, without further notice. Account-terms invoices are reissued from the first business day a balance appears overdue.
- Jurisdiction. These Terms and Conditions are construed in accordance with the Law of Queensland, and any resolution of dispute limited to the jurisdiction of the Queensland Courts.
- Force Majeure. Neither the Contractor nor the Customer shall be held liable for any breach of these terms where the breach arises from an act of God, war, natural disaster, terrorism or any other event beyond the reasonable control of either party.
- Indivisibility: Website TERMS and CONDITIONS of use and Standard TERMS and CONDITIONS of sale are not exclusive, but to be read, understood, and accepted as Operating together