General Terms & Conditions – EES Electrics Pty Ltd

1. Validity & Acceptance

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1.1 Quotations are valid for 30 calendar days from the date of issue unless otherwise specified in writing.
1.2 Acceptance must be in writing via signed approval, email confirmation, or other written acknowledgment.
1.3 Verbal instructions to proceed will be deemed acceptance and will trigger a binding agreement.
1.4 Quotations are subject to withdrawal or revision at any time before acceptance.

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2. Scope of Works

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2.1 The scope is based on information provided by the Client and/or site inspection. Any omissions, incorrect details, or unforeseen site conditions may result in variations.
2.2 Unless expressly included, quotations exclude:

• Rectification of non-compliant existing infrastructure

• Permit acquisition

• After-hours or emergency work
  2.3 Drawings, designs, and specifications prepared by EES remain the property of EES and may not be used without permission.

 

3. Pricing & Variations

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3.1 All prices are exclusive of GST unless stated otherwise.
3.2 Pricing is based on EES’ current Labour Rates Schedule and material pricing, subject to adjustment with notice.
3.3 Variations, delays, or scope changes (whether client-initiated or unforeseen) will incur additional charges.
3.4 Variations must be requested and approved in writing and will be charged at standard EES rates.

 

4. Payment Terms

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4.1 For contracted works:

• 50% deposit prior to commencement

• 30% progress payment upon major material delivery

• 20% balance payable on completion
  4.2 All invoices must be paid within 7 calendar days of issue unless agreed otherwise.
  4.3 Late payments incur interest at 2% per month, calculated daily.
  4.4 Partial payments will be allocated:

1. Legal/recovery costs

2. Interest charges

3. Principal debt
   4.5 All legal, collection, and administrative costs incurred in debt recovery will be charged to the Client.
   4.6 EES may suspend works, deliveries, or services if payments are overdue.

 

5. Payment Instructions

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Payments must be made via EFT to:

Account Name: EES Electrics Pty Ltd
BSB: 083-166
Account Number: 763140693
Reference: Invoice number or job site address
Remittance Advice: elvis@eeselectrics.com.au

 

6. Ownership, Risk & Security

 

6.1 Risk in goods and materials passes to the Client upon delivery or installation.
6.2 Ownership remains with EES until full payment is received.
6.3 Until title passes:

• Goods must not be sold, moved, or modified without written consent.

• EES retains the right to enter premises to recover unpaid goods without liability.
  6.4 The Client grants EES an irrevocable licence of access for recovery of materials or equipment.

 

7. Warranties

 

7.1 EES warrants services will be performed with due care, skill, and diligence.
7.2 Equipment and materials are covered only by the manufacturer’s warranty.
7.3 EES makes no additional warranties.
7.4 Warranty exclusions include:

• Misuse, negligence, interference, or third-party work

• Power supply issues or non-compliant infrastructure

• Works outside the agreed scope without approval
  7.5 Warranty claims must be lodged within 7 days of identifying a fault.

 

8. Site Access, Client Responsibilities & Delays

 

8.1 The Client must provide:

• Safe and clear site access

• Notification of hazards, inductions, or requirements

• Access to utilities and necessary permits
  8.2 Client-caused delays (including access restrictions or unsafe conditions) may incur stand-down charges at standard labour rates.
  8.3 The Client is responsible for the compliance and structural integrity of existing installations, unless agreed otherwise.

 

9. Cancellation & Termination

 

9.1 If the Client cancels after acceptance, all completed works and procured materials will be invoiced at cost plus 15% administration.
9.2 EES may terminate if:

• The Client commits a material breach

• The Client becomes insolvent or unable to pay debts
  9.3 Upon termination, all outstanding invoices must be settled, and EES may recover unpaid goods under clause 6.

 

10. Limitation of Liability

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10.1 EES’ total liability is limited to re-supply of services or rectification at EES’ discretion.
10.2 EES is not liable for:

• Indirect, incidental, or consequential losses

• Delays caused by weather, suppliers, third parties, or events beyond control

• Loss of profit, data, or revenue
  10.3 EES is not responsible for faults caused by incompatible or faulty third-party systems.

 

11. Intellectual Property

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11.1 All drawings, schematics, documentation, and intellectual property created by EES remain EES property.
11.2 Use, reproduction, or distribution without written permission is prohibited.

 

12. Force Majeure

 

EES is not liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, pandemics, industrial disputes, or supplier delays.

 

13. Dispute Resolution & Jurisdiction

 

13.1 Clients must notify EES in writing within 7 days of invoice issue date for payment or service disputes.
13.2 Both parties will attempt to resolve disputes in good faith.
13.3 These terms are governed by the laws of Victoria, Australia, and disputes will be subject to the exclusive jurisdiction of Victorian courts.

 

14. Customer Proof of Delivery Handling

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14.1 To ensure fairness and protect both parties, the Client must video and photograph the opening of all delivered goods as proof that any damage did not occur during unpacking or handling.
14.2 Claims for damage will not be accepted without such evidence.
14.3 EES reserves the right to reject damage claims that cannot be reasonably verified.

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15. Privacy & Data Protection

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15.1 EES collects and stores Client information only for business purposes, such as quotations, invoicing, and service delivery.
15.2 Client information will never be sold or shared with third parties, except where required by law or to complete works.
15.3 By engaging EES, the Client consents to EES storing and using their details for communication, billing, and service management.

 

16. Health & Safety

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16.1 EES follows all relevant Australian OH&S regulations.

16.2 Clients must notify EES of site-specific risks, hazards, or induction requirements prior to commencement.
16.3 EES reserves the right to stop work if conditions are deemed unsafe, with associated costs charged to the Client.

 

17. General Disclaimer

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17.1 All information on the EES website is provided in good faith. EES makes no warranties that content, recommendations, or case studies are free from error or suitable for every situation.
17.2 EES reserves the right to update or amend these Terms & Conditions at any time without notice. The version published on the website shall be deemed current and binding.