Terms & Conditions

Section 1: Acceptance

1.1 These Terms are between BBH ELECTRICAL (SA) PTY LTD (ABN 50 657 208 092), its successors and assignees (referred to as “we” and “us”) and you, the person, organisation or entity described in the Quote (referred to as “you”). These Terms apply to all Services provided by us to you.

1.2 Acceptance. You accept these Terms by:

1. signing and returning the Quote;
2. accepting by email or verbally;
3. accepting the Quote online;
4. instructing us to proceed with the Services;
5. making part or full payment for the Services.

1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully. Contact us if you have any questions. Purchasing Services from us indicates that you have read, accepted, and will comply with these Terms.

Section 2: Services

2.1 We agree to perform the Services with due care and skill.

2.2 We reserve the right to refuse requests that we deem inappropriate, unreasonable, or illegal.

2.3 Where you are required to pay us a Deposit, we will not commence performing the Services until you have paid the Deposit or the first instalment of our Fee.

2.4 We may provide the Services to you using our employees, contractors, and third-party providers. They are included in these Terms.

2.5 Where we provide Services using our employees or direct contractors, you will be responsible for them. We are not liable for the products or services provided by third parties.

2.6 Design Fee. Where any designs or drawings are required as part of the Services or as a legal requirement, we will provide these to you as a hard copy and/or electronic form at our discretion. If you engage us to perform the Services in full as set out in the Quote, there will be no additional fee. If you do not engage us to perform the Services in full, you will be charged the Design Fee as set out in the Quote.

Section 3: Price, Invoicing, and Payment

3.1 You agree to pay us the amounts set out in our Quote, including any Deposit required. All amounts are stated in Australian dollars (AUD). All amounts exclude Australian GST (where applicable) unless otherwise stated.

3.2 Payment may be made by the methods set out in our Quote. Payment must be made by the due date. If you do not pay by the due date, we may cease to provide the Services to you until we receive payment.

3.3 We may charge interest at a rate equal to the Reserve Bank of Australia’s cash rate from time to time plus 8% per annum, calculated daily and compounding monthly, on any amounts unpaid after the due date.

3.4 If invoices are unpaid after the due date, we have the right to engage debt collection services for the collection of unpaid and undisputed debts. We may also commence legal proceedings for any outstanding amounts owed to us.

3.5 We reserve the right to report bad debts to independent credit data agencies.

Section 4: Variations

4.1 If the Quote states that the Fees and Expenses are an estimate only, you acknowledge that the final Fees and Expenses may be more or less than the estimated amounts. We will endeavour to inform you of any material variation as it becomes apparent.

4.2 Fees and Services can be varied by written agreement between us, including by email.

4.3 We may, at any time, in writing, inform you of the need for us to perform a Variation.

4.4 If you request a Variation to the Services, we have the discretion as to whether we make the Variation.

4.5 Variations will not invalidate these Terms or be regarded as a repudiation of these Terms by us.

4.6 If, in our reasonable opinion, a Variation requires additional time to perform the Services, then we will amend the term of this Agreement after consultation with you.

4.7 If we need to charge an additional fee for a Variation (Additional Fee), we will provide a written quote for the Additional Fee or inform you of our Hourly Work Rate prior to commencing the performance of the Variation. You may:

1. accept the quote or agree to our Hourly Work Rate, in which case these Terms are amended to incorporate the Variation and the Additional Fee; or
2. decline the quote or disagree with our Hourly Work Rate, in which case we may terminate these Terms immediately.

4.8 If we are unable to accommodate the Variation, we may request payment for Services performed to date and terminate these Terms.

Section 5: Overtime Work

5.1 Where you have requested a shorter-than-usual lead time, and in our reasonable opinion, we are required to perform overtime to complete the Services, you may be charged an Overtime Work Rate.

5.2 We will endeavour to inform you of any overtime required prior to commencing the performance of the overtime.

Section 6: Your Obligations and Warranties

6.1 You warrant that:

1. there are no legal restrictions preventing you from agreeing to these Terms;
2. you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested;
3. the information you provide to us is true, correct, and complete;
4. you will not infringe any third party rights in working with us and receiving the Services;
5. you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that both Parties will use reasonable efforts to resolve those concerns;
6. you are responsible for obtaining any consents, licenses, and permissions necessary for the Services to be provided.

6.2 You will ensure that if the Services are to be performed on your property, the property is safe, and that all facilities provided for enabling the Services are also safe.

6.3 You will ensure that we have free and unimpeded access to the property where Services are to be performed and that no delays are caused by matters within your control.

6.4 You accept that we may impose stand-down charges and recover additional costs where work is delayed due to reasons outside our control.

Section 7: Work Health & Safety

7.1 You agree and acknowledge that:

1. works carried out on the property are considered a worksite and must comply with all legislation and follow the necessary conditions;
2. the approximate age of the property must be advised to ascertain potential risks;
3. disclosure of the presence of asbestos, where known by you, must be made prior to the commencement of work;
4. all work areas must be free of potential hazards to us and any of our representatives;
5. any representative of ours can refuse to complete the Services if the working environment is in breach of company policy and/or legislation.

Section 8: Confidential Information

8.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than where necessary to third-party suppliers, or as required by law). We will use all reasonable endeavours to protect your Confidential Information from unauthorised disclosure and only use it for the purpose for which it was disclosed.

8.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party. You will use all reasonable endeavours to protect our Confidential Information from unauthorised disclosure and only use it for the purpose for which it was disclosed.

8.3 These obligations do not apply to Confidential Information that:

1. is authorised to be disclosed;
2. is in the public domain and/or no longer confidential (except as a result of a breach of these Terms);
3. is received from a third party (except where there has been a breach of confidence);
4. must be disclosed by law or by a regulatory authority, including under subpoena.

8.4 This clause will survive the termination of these Terms.

Section 9: Feedback and Dispute Resolution

9.1 If you have any feedback or issues with our Services, please let us know, and we will use our best endeavours to resolve your concerns quickly and effectively.

9.2 Where a dispute arises between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:

1. the complainant must notify the respondent in writing, stating the nature of the dispute, the desired outcome, and the action the complainant thinks will resolve the dispute;
2. the Parties agree to meet in good faith to attempt to resolve the dispute through negotiation;
3. if the dispute cannot be resolved, either Party may refer the matter to mediation. If the Parties cannot agree on a mediator, the Law Society of South Australia will appoint one. Mediation costs will be shared equally.

Section 10: Retention of Title

10.1 Title to any goods we supply to you does not pass to you until they have been paid for in full.

10.2 To the extent allowed by law, if you fail to make a payment when due, we may enter the site or your premises and take reasonable action to recover the goods, without being liable for any damage caused by such removal.

Section 11: Termination

11.1 Termination by Notice. Either Party may terminate these Terms by providing 21 days’ written notice.

11.2 Termination for Breach. We may terminate these Terms immediately if:

1. you commit a material breach of these Terms;
2. you commit a remediable breach of these Terms and fail to remedy the breach within a reasonable time;
3. you fail to provide us with clear or timely instructions to enable us to provide the Services;
4. our working relationship has broken down, including due to a loss of confidence or trust;
5. for any other reason outside our control that compromises our ability to provide the Services.

11.3 On termination, you are liable to pay for all Services provided prior to termination, including Services that have been performed but not yet invoiced.

11.4 On termination, you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property.

Section 12: Consumer Law, Limitation of Liability, and Disclaimers

12.1 Service Standard. We will provide the Services with due care and skill. The Services will be fit for the purpose advertised and supplied within a reasonable timeframe.

12.2 Australian Consumer Law (ACL). Certain legislation, including the ACL in the Competition and Consumer Act 2010 (Cth), may confer you with rights, warranties, guarantees, and remedies relating to the Services.

12.3 Statutory Rights. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

12.4 Warranties. Except for your Statutory Rights and any express warranties in these Terms, we exclude all implied warranties or guarantees.

12.5 Limitation of Liability. Our total liability is limited to resupplying the Services or refunding the amount you have paid.

Section 13: Indemnity

13.1 You agree to indemnify, defend, and hold us harmless against any claims, liabilities, suits, or damages resulting from:

1. information you provided that was inaccurate or misleading;
2. your breach of these Terms;
3. you or your representatives misuse the Services;
4. breach of law or third-party rights;
5. unsafe conditions on your property or equipment.

Section 14: General Terms

14.1 Privacy. We comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth). See our Privacy Policy.

14.2 Publicity. You consent to us mentioning you in promotional material, including on our website or social media.

14.3 GST. GST will be added to fees where applicable.

14.4 Notices. Any notice must be in writing and will be deemed served after 48 hours if sent by post, or immediately if sent by email.

14.5 Governing Law. These Terms are governed by the laws of South Australia.

14.6 Entire Agreement. These Terms supersede any prior agreements or understandings between the Parties.