Terms and Conditions

General Terms and Conditions of Trade

1. The Provision of the Works and/or Materials

1.1 The Works and/or Materials shall be as described on any quotation, order, invoice or any other document which are provided by Mr Switch to the Client.

2. Price and Payment

2.1 The Price shall be as indicated on invoices provided by Mr Switch to the Client in respect of the Works and/or Materials provided.
2.2 Time for payment for the Works and/or Materials shall be of the essence and will be stated on the invoice, quotation, or any other order forms. If no time is stated then payment will be due seven (7) days following the date of the invoice.
2.3 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Mr Switch an amount equal to any GST Mr Switch must pay for any provision of Works and/or Materials by Mr Switch under this contract, or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.
2.4 At Mr Switch’s sole discretion, a non-refundable deposit may be required.
2.5 Mr Switch uses a flat rate pricing system. In accordance with this system the Mr Switch company policy states that under no circumstances are to staff further break down a quotation.

3. Default and Consequences of Default

3.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Mr Switch’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
3.2 If the Client owes Mr Switch any money, the Client shall indemnify Mr Switch from and against all costs and disbursements incurred by Mr Switch in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Mr Switch’s contract default fee, and bank dishonour fees).
3.3 Further to any other rights or remedies Mr Switch may have under this contract, if the Client has made payment to Mr Switch by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Mr Switch under this clause 3 above where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.

4. Privacy Act 1988

4.1 The Client agrees for Mr Switch to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Mr Switch.
4.2 The Client agrees that Mr Switch may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two years.

4.3 The Client consents to Mr Switch being given a consumer credit report to collect overdue payment on commercial credit.
4.4 The Client agrees that personal credit information provided may be used and retained by Mr Switch for the following purposes (and for other agreed purposes or required by):

(a)the provision of Works and/or Materials; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works and/or Materials; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Works and/or Materials.

4.5 Mr Switch may give information about the Client to a CRB for the following purposes:

1. 1. 1. 1. to obtain a consumer credit report;
         2. allow the CRB to create or maintain a credit information file about the Client including credit history.

4.6 The information given to the CRB may include:

(a) personal information as outlined in 4.1 above;
(b) name of the credit provider and that Mr Switch is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Mr Switch has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g) information that, in the opinion of Mr Switch, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

4.7 The Client shall have the right to request (by e-mail) from Mr Switch:

(a) a copy of the information about the Client retained by Mr Switch and the right to request that Mr Switch correct any incorrect information; and
(b)that Mr Switch does not disclose any personal information about the Client for the purpose of direct marketing.

4.8 Mr Switch will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.

4.9 The Client can make a privacy complaint by contacting Mr Switch via e-mail. Mr Switch will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

Full Terms and Conditions of Trade

1. Definitions

1.1 “Mr Switch” means Mr Switch Electrical Pty Ltd T/A Mr Switch, its successors and assigns, or any person acting on behalf of, and with the authority of, Mr Switch Electrical Pty Ltd T/A Mr Switch.
1.2 “Client” means the person/s ordering the Works as specified in any invoice, document or order, and if there is more than one Client is a reference to each Client jointly and severally.
1.3 “Works” means all Works or Materials provided by Mr Switch to the Client at the Client’s request from time to time (where the context so permits the terms ‘Works’ or ‘Materials’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Works as agreed between Mr Switch and the Client in accordance with clause 4 below below.
1.5 “Site” means the address nominated by the Client at which the Works are to be undertaken by Mr Switch.

2. Acceptance

2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for, or accepts, provision of any Works.
2.2 These terms and conditions may only be amended with Mr Switch’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and Mr Switch.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

3. Change in Control

3.1 The Client shall give Mr Switch not less than fourteen (14) days prior written notice of any proposed change of ownership of the Client and/or any other change in the Client’s details (including but not limited to, changes in the Client’s name, address, contact phone or fax number/s, or business practice). The Client shall be liable for any loss incurred by Mr Switch as a result of the Client’s failure to comply with this clause.

4. Price and Payment

4.1 At Mr Switch’s sole discretion the Price shall be either:

(a) as indicated on invoices provided by Mr Switch to the Client in respect of Works provided; or
(b) Mr Switch’s quoted Price (subject to clauses 4.2) which shall be binding upon Mr Switch provided that the Client shall accept Mr Switch’s quotation in writing within thirty (30) days. Unless specified otherwise:

(i) charges in connection with the Works which are levied by distribution network supply providers or other statutory providers, and any third-party services required for the Works (as specified in Mr Switch’s quotation), shall not be included in the Price and treated as a variation under clause 4.2 below; and
(ii) Mr Switch’s responsibilities in respect of commissioning the Works shall be limited to proving conformance of the Works with any specification/s supplied by the Client.

4.2 Mr Switch reserves the right to change the Price:

(a) if a variation to the Materials which are to be supplied is requested; or
(b) if a variation to the Works originally scheduled (including any applicable plans or specifications) is requested, including any additional costs incurred by Mr Switch where the Client requests the acceleration of the existing work schedule (as per clause 5.3); or
(c) where additional Works are required due to the discovery of hidden or unidentifiable difficulties (including, but not limited to, in accordance with clause 5.2, obscured Site defects, the location of underground services on the Site, existing wiring or equipment faults or where such does not comply with current electrical standards, hard rock barriers below the surface, iron reinforcing rods in concrete, or hidden pipes and cabling/wiring, etc.) which are only discovered on commencement of the Works; or
(d) as a result of an increase in Mr Switch’s costs due to changes in statutory, government, or local body charges, taxes, levies, etc. with respect to the Works, fluctuations in currency exchange rates or due to relevant industry awards (e.g. site allowance and severance pay), which are outside the control of Mr Switch.

4.3 Variations will be detailed in writing and charged for on the basis of Mr Switch’s quotation, and will be shown as variations on Mr Switch’s invoice. The Client shall be required to respond to any variation submitted by Mr Switch within ten (10) working days, and failure to do so will entitle Mr Switch to add the cost of the variation to the Price. Payment for all variations must be made in full at their time of completion.
4.4 At Mr Switch’s sole discretion, a non-refundable deposit may be required.
4.5 Time for payment for the Works being of the essence, the Price will be payable by the Client on the date/s determined by Mr Switch, which may be:

(a) on completion of the Works;
(b) by way of progress payments in accordance with Mr Switch’s specified progress payment schedule. Such progress payment claims may include the reasonable value of authorised variations and the value of any Materials delivered to the Site but not yet installed; or
(c) the date specified on any invoice or other form as being the date for payment; or
(d) failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by Mr Switch.

4.6 Payment may be made by cash, electronic/on-line banking, credit card (plus a surcharge of up to five percent (5%) of the Price), or by any other method as agreed to between the Client and Mr Switch.
4.7 Unless otherwise stated the Price does not include GST. In addition to the Price the Client must pay to Mr Switch an amount equal to any GST Mr Switch must pay for any provision of Works by Mr Switch under this contract or any other agreement. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price, except where they are expressly included in the Price.

5. Provision of the Works

5.1 Subject to clauses 5.2, it is Mr Switch’s responsibility to ensure that the Works start as soon as it is reasonably possible.
5.2 The Works commencement date will be put back and/or the completion date extended by whatever time is reasonable in the event that Mr Switch claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond Mr Switch’s control, including but not limited to, any failure by the Client to:

(a) make a selection; or
(b) have the Site ready for the Works; or
(c) notify Mr Switch that the Site is ready.

5.3 In the event that Mr Switch is required to provide the Works urgently, requiring Mr Switch’s staff to work outside normal business hours (including but not limited to working, through lunch breaks, weekends and/or public holidays), then Mr Switch reserves the right to charge the Client additional labour costs (penalty rates will apply) as per clause 4.2(b), unless otherwise agreed between Mr Switch and the Client.
5.4 Mr Switch may provide the Works by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
5.5 Any time specified by Mr Switch for provision of the Works is an estimate only and Mr Switch will not be liable for any loss or damage incurred by the Client as a result of any delay. However, both parties agree that they shall make every endeavour to enable the Works to be provided at the time and place as was arranged between both parties. In the event that Mr Switch is unable to provide the Works as agreed solely due to any action or inaction of the Client, then Mr Switch shall be entitled to charge a reasonable fee for re-providing the Works at a later time and date, and Mr Switch shall be entitled to charge a reasonable fee for redelivery and/or storage of any Materials.
5.6 Sections of the Works will be handed over to the Client (or the Client’s representative) on Site when the applicable stage is completed. The Client shall accept such sections, which shall thereafter be at the Client’s risk and deemed as practically completed. Where the Client requests Mr Switch to suspend or delay the Works prior to completion of any stage, Mr Switch shall hand over that section to the Client as per this clause 5.6.
5.7 All Works will be tested to ensure that it is electrically safe and is in accordance with the wiring rules and other standards applying to the electrical installation under the Electrical Safety Regulations 2002. All of the cabling work will comply with the Australian and New Zealand Wiring standards.
5.8 The Client acknowledges that:

(a) in the event additional work is required to amend or upgrade where electrical wiring and/or switchboard does not comply with current electrical standard, those additional costs may still apply even if a fault appears after switchboard is amended or upgraded to rectify; and
(b) in the event Mr Switch is required to find faults, multiple faults may be present and may result in addition cost to repair the fault, including rewiring. The initial diagnostic fee for fault finding will still be payable by the Client, even in the event of rewiring being the solution to rectify the fault; and
(c) faults which may appear when upgrading ceramic fuses or upgrading from a safety switch (RCD) which protects multiple circuits to individual combined safety switch / circuit breaker (RCBO) are: mix circuits and earth leakage with insulation break down.

6. Risk

6.1 If Mr Switch retains ownership of the Materials under clause 11 then:

(a) where Mr Switch is supplying Materials only, all risk for the Materials shall immediately pass to the Client on delivery and the Client must insure the Materials on, or before, delivery. If any of the Materials are damaged or destroyed following delivery, but prior to ownership passing to the Client, Mr Switch is entitled to receive all insurance proceeds payable for the Materials. The production of these terms and conditions by Mr Switch is sufficient evidence of Mr Switch’s rights to receive the insurance proceeds without the need for any person dealing with Mr Switch to make further enquiries. If the Client requests Mr Switch to deliver the Materials to an unattended location, then such Materials shall be left at the Client’s sole risk. Delivery of the Materials shall be deemed to have taken place immediately at the time that the Materials are delivered by Mr Switch, or Mr Switch’s nominated carrier, to the Site (even if the Client is not present). At Mr Switch’s sole discretion, any delivery costs shall be either included in, or in addition to, the Price; or
(b) where Mr Switch is to both supply and install Materials then Mr Switch shall maintain Workers’ Compensation and Public Liability Insurance for the duration of the Works. It is the Client’s responsibility to ensure that they are similarly insured.

6.1 Notwithstanding the provisions of clause 6.1, where Mr Switch requires that Materials, fittings and appliances, or plant and tools required for the Works be stored at the Site, the Client shall supply Mr Switch a safe area for storage and shall take all reasonable efforts to protect all items from possible destruction, theft or damage. In the event that any of the stored items are destroyed, stolen or damaged, then the cost of repair or replacement shall be the Client’s responsibility.
6.2 The Client acknowledges that, under no circumstances, will Mr Switch handle removal of asbestos product. In the event asbestos (or other hazardous material) is discovered on Site:

(a) Mr Switch shall suspend the Works; and
(b) the Client shall be fully responsible for the resolution of any resulting problems; and
(c) any additional cost incurred by Mr Switch shall be added to the Price under clause 4.2.

6.3 Where Mr Switch gives advice or recommendations to the Client, or the Client’s agent, regarding the suitability of the Site for the Works and such advice or recommendations are not acted upon then Mr Switch shall require the Client or their agent to authorise commencement of the Works in writing. Mr Switch shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Works.
6.4 Subject to clause 14, Mr Switch shall not be liable for any defects in the Works as a result of any damage to the Works caused by the Client or any third party, or the use by the Client (or any third party) of faulty materials and/or workmanship, or arising from other trades, structural loads, vandalism or maltreatment.
6.5 Where the Client has supplied items for Mr Switch to complete the Works, the Client acknowledges that it accepts responsibility for the suitability of purpose, quality and any faults inherent in those items. Mr Switch shall not be responsible for any defects in the items, any loss or damage to the Works (or any part thereof), howsoever arising from the use of items supplied by the Client.
6.6 The Client acknowledges that Mr Switch is only responsible for parts that are replaced thereby, and in the event that other parts/components, subsequently fail, the Client agrees to indemnify Mr Switch against any loss or damage to the Works, or caused by the Works, or any part thereof, howsoever arising.

7. Air-Conditioning Risk

7.1 Whilst the final location of the condensing unit must be determined on site by the Client, a charge will apply as a variation as per clause 4.2, if the Client requests the unit to not be located adjacent to the external wall (due to the additional piping required).
7.2 Mr Switch shall upon installation ensure that all installed Materials meet current industry standards applicable to noise levels, however Mr Switch cannot guarantee that noise levels will remain constant post installation as the Materials may be impacted by many factors such as the weather, lack of maintenance, tampering etc.
7.3 In the event that any of the equipment needs to be relocated due to complaints from neighbours or local authorities, then the Client shall be responsible for any and all costs involved.

8. Plumbing Risk

8.1 The Client acknowledges that the presence of plant or tree root growth and/or other blockages may indicate damaged pipe work and therefore where Mr Switch is requested to merely clear such blockages, Mr Switch can offer no guarantee against reoccurrence or further damage. In th event of collapse during the pipe clearing process, Mr Switch will immediately advise the Client of the same and shall provide the Client with an estimate for the full repair of the damaged pipe work.
8.2 In the event that the Client requests Mr Switch to use drain/pipe unblocking equipment, and Mr Switch does not recommend the use of such equipment due to the risk of the equipment becoming lodged or stuck, Mr Switch may require the Client or their agent to authorise commencement of the Works in writing. If the drain/pipe unblocking equipment subsequently becomes lodged or stuck, the Client shall be responsible for the cost of repair, replacement and/or retrieval of said equipment.
8.3 The installation of some appliances can cause water hammer or damage to existing pipe work. The Client agrees to indemnify Mr Switch against any such loss, damage or claim that may arise if the existing pipe work is unable to accommodate the installation of the Materials.

9. Client’s Responsibilities

9.1 The Client shall ensure that Mr Switch has clear and free access to the Site at all times to enable them to undertake the Works. Mr Switch shall not be liable for any loss or damage to the Site (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) unless due to Mr Switch’s negligence.
9.2 Prior to Mr Switch commencing the Works the Client is responsible for advising Mr Switch of the precise location of all potential underground services on Site (to be completed by consultation with the licensed service locator “Dial Before You Dig”) and clearly mark the same. The underground mains and services the Client must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fibre optic cables, oil pumping mains, and any other services that may be on the Site. Whilst Mr Switch will take all care to avoid damage to any underground services, the Client agrees to indemnify Mr Switch in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified as per this clause 9.1. If the Client requests Mr Switch to engage the service locator, then this shall be in addition to the Price as per clause 4.2.
9.3 It shall be the Client’s responsibility to:

(a) remove all fragile items such as glassware, crockery, pot plants, furniture and ornaments. Breakages and damages are the responsibility of the Client. All care taken but no responsibility accepted by Mr Switch in this regard;
(b) allocate an area for the accumulation and removal of any rubbish created from the provision of the Works by Mr Switch, and the cost of such rubbish disposal containers and/or rubbish removal services shall be incurred by the Client;
(c) provide Mr Switch with facilities, as specified by Mr Switch, (including, but not limited to, a suitable free power source) for the duration of the Works, and such facilities shall be compliant with all applicable statutes, regulations and by-laws;
(d) make good all finished surfaces (including but not limited to, tiles and panels, brickwork and rendered masonry surfaces) which Mr Switch make reasonably have to break into or disturb in provision of the Works.

9.4 The Client warrants that:

(a) plant, equipment and fittings supplied by the Client (and to which Mr Switch is required to connect the Works) are of the correct type, size, rating, standard, quality, colour, finish and express the full requirements and conform to Australian Standards and local statutory requirements, and the specifications and drawings/plans against which Mr Switch’s quotation was submitted; and
(b) any structures to which the Materials are to be affixed are able to withstand the installation thereof and that any electrical connections (including, but not limited to, meter boxes, main switches, circuit breakers, and electrical cable) are of suitable capacity to handle the Materials once installed. If, for any reason (including the discovery of asbestos, defective or unsafe wiring, or dangerous access to roofing), Mr Switch reasonably forms the opinion that the Site is not safe for the Works to proceed, then Mr Switch shall be entitled to delay the Works (in accordance with the provisions of clause 5.2) until Mr Switch is satisfied that it is safe for the Works to proceed.

9.5 The Client is responsible for the timely provision, accuracy and completeness of all information and services relating to the Site that may be required for Mr Switch to satisfactorily complete the Works, and Mr Switch shall be entitled to rely on that information.

10. Compliance with Laws

10.1 The Client and Mr Switch shall comply with the provisions of all statutes, regulations and bylaws of government, local and other public authorities that may be applicable to the Works, including any occupational health and safety laws relating to building/construction sites and any other relevant safety standards or legislation.
10.2 The Client shall:

(a) be liable for any costs incurred by Mr Switch due to the Client’s failure to comply with clause 10.1; and
(b) obtain (at the expense of the Client) all licenses and approvals that may be required for the Works.

11. Title

11.1 Mr Switch and the Client agree that the Client’s obligations to Mr Switch for the provision the Works shall not cease (and ownership of the Materials shall not pass) until:

(a) the Client has paid Mr Switch all amounts owing to Mr Switch; and
(b) the Client has met all other obligations due by the Client to Mr Switch in respect of all contracts between Mr Switch and the Client.

11.2 Receipt by Mr Switch of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Mr Switch’s ownership or rights in respect of the Materials, and this contract, shall continue.
11.3 It is further agreed that, until ownership of the Materials passes to the Client in accordance with clause 11.1:

(a) the Client is only a Bailee of the Materials and, unless the Materials have become fixtures, must return the Materials to Mr Switch on request.
(b) the Client holds the benefit of the Client’s insurance of the Materials on trust for Mr Switch and must pay to Mr Switch the proceeds of any insurance in the event of the Materials being lost, damaged or destroyed.
(c) the production of these terms and conditions by Mr Switch shall be sufficient evidence of Mr Switch’s rights to receive the insurance proceeds direct from the insurer without the need for any person dealing with Mr Switch to make further enquiries.
(d) the Client must not sell, dispose, or otherwise part with possession of the Materials other than in the ordinary course of business and for market value. If the Client sells, disposes or parts with possession of the Materials then the Client must hold the proceeds of any such act on trust for Mr Switch and must pay or deliver the proceeds to Mr Switch on demand.
(e) the Client should not convert or process the Materials or intermix them with other goods but if the Client does so then the Client holds the resulting product on trust for the benefit of Mr Switch and must sell, dispose of or return the resulting product to Mr Switch as it so directs.
(f) unless the Materials have become fixtures the Client irrevocably authorises Mr Switch to enter any premises where Mr Switch believes the Materials are kept and recover possession of the Materials.
(g) Mr Switch may recover possession of any Materials in transit, whether or not delivery has occurred.
(h) the Client shall not charge or grant an encumbrance over the Materials nor grant nor otherwise give away any interest in the Materials while they remain the property of Mr Switch.

(i) Mr Switch may commence proceedings to recover the Price, notwithstanding that ownership of the Materials has not passed to the Client.

12. Personal Property Securities Act 2009 (“PPSA”)

12.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
12.2 Upon assenting to these terms and conditions in writing the Client acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Materials, and/or any monetary obligations of the Client to Mr Switch for Works, that have previously been provided (if any), and that will be provided in the future, by Mr Switch to the Client.
12.3 The Client undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Mr Switch may reasonably require to:

(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) correct a defect in a statement referred to in clause 12.3(a)(i) or 12.3(a)(ii);

(b) indemnify, and upon demand reimburse, Mr Switch for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
(c) not register a financing change statement in respect of a security interest without the prior written consent of Mr Switch;
(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Materials in favour of a third party without the prior written consent of Mr Switch.

12.4 Mr Switch and the Client agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
12.5 The Client hereby waives its rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
12.6 The Client waives its rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
12.7 Unless otherwise agreed to in writing by Mr Switch, the Client waives its right to receive a verification statement in accordance with section 157 of the PPSA.
12.8 The Client shall unconditionally ratify any actions taken by Mr Switch under clauses 12.3 to 12.5.
12.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.

13. Security and Charge

13.1 In consideration of Mr Switch agreeing to provide Works, the Client charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Client either now or in the future, to secure the performance by the Client of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
13.2 The Client indemnifies Mr Switch from and against all Mr Switch’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Mr Switch’s rights under this clause.
13.3 The Client irrevocably appoints Mr Switch and each director of Mr Switch as the Client’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 13 above including, but not limited to, signing any document on the Client’s behalf.

14. Defects, Warranties, Returns, and Refund Policy – Competition and Consumer Act 2010 (CCA)

14.1 The Client must inspect all Works on completion (or the Materials on delivery) and must within ten (10) working days of such time notify Mr Switch in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quote. The Client must notify any other alleged defect in the Works as soon as reasonably possible after any such defect becomes evident. Upon such notification the Client must allow Mr Switch to inspect/review the Works provided.
14.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (“Non-Excluded Guarantees”).
14.3 Mr Switch acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
14.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Mr Switch makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Works. Mr Switch’s liability in respect of these warranties is limited to the fullest extent permitted by law.
14.5 If the Client is a consumer within the meaning of the CCA, Mr Switch’s liability is limited to the extent permitted by section 64A of Schedule 2.
14.6 If Mr Switch is required to rectify, re-provide, or pay the cost of re-providing the Works under this clause or the CCA, but is unable to do so, then Mr Switch may refund any money the Client has paid for the Works but only to the extent that such refund shall take into account the value of Works which have been provided to the Client which were not defective.
14.7 If the Client is not a consumer within the meaning of the CCA, Mr Switch’s liability for any defect or damage in the Works is:

(a) limited to the value of any express warranty, or warranty card, provided to the Client by Mr Switch (at Mr Switch’s sole discretion), which will be subject to the Client’s full payment of the Price, and excludes any defect of, or damage to, batteries, fuses, filters, tubes, lamps or where caused by appliances, or causative to product recalls; or
(b) limited to any warranty to which Mr Switch is entitled, if Mr Switch did not manufacture the Materials; or
(c) otherwise negated absolutely.

14.8 Subject to this clause 14, returns will only be accepted provided that

(a) the Client has complied with the provisions of clause 14.1; and
(b) Mr Switch has agreed that the Materials are defective; and
(c) the Materials are returned within a reasonable time at the Client’s cost (if that cost is not significant); and
(d) the Materials are returned in as close a condition to that in which they were delivered as is possible.

14.9 Notwithstanding clauses 14.1 to 14.8, but subject to the CCA, Mr Switch shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:

(a) the Client failing to properly maintain or store the Works;
(b) the Client using the Works for any purpose other than that for which they were designed;
(c) the Client continuing to use the Works after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(d) interference with the Works by the Client or any third party without Mr Switch’s prior approval;
(e) the Client failing to follow any instructions or guidelines provided by Mr Switch;
(f) fair wear and tear, any accident, or act of God.

14.10 Where Mr Switch determines, at its sole discretion, that any defect or damage is not causative to any faulty workmanship of Mr Switch, the Client shall be liable for the full cost of the rectification of such defect or damage, including Mr Switch’s call-out fee.
14.11 Mr Switch may in its absolute discretion accept non-defective Materials for return in which case Mr Switch may require the Client to pay handling fees of up to twenty percent (20%) of the value of the returned Materials, plus any freight costs.
14.12 Notwithstanding anything contained in this clause if Mr Switch is required by a law to accept a return then Mr Switch will only accept a return on the conditions imposed by that law.

15. Intellectual Property

15.1 The Client warrants that all designs, specifications or instructions given to Mr Switch will not cause Mr Switch to infringe any patent, registered design or trademark in the execution of the Client’s order and the Client agrees to indemnify Mr Switch against any action taken by a third party against Mr Switch in respect of any such infringement.

16. Default and Consequences of Default

16.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Mr Switch’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
16.2 If the Client owes Mr Switch any money the Client shall indemnify Mr Switch from and against all costs and disbursements incurred by Mr Switch in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Mr Switch’s contract default fee, and bank dishonour fees).
16.3 Further to any other rights or remedies Mr Switch may have under this contract, if the Client has made payment to Mr Switch by credit card, and the transaction is subsequently reversed, the Client shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by Mr Switch under this clause 16 above where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to the Client’s obligations under this contract.
16.4 Without prejudice to any other remedies Mr Switch may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Mr Switch may suspend or terminate the provision of Works to the Client. Mr Switch will not be liable to the Client for any loss or damage the Client suffers because Mr Switch has exercised its rights under this clause.
16.5 Without prejudice to Mr Switch’s other remedies at law, Mr Switch shall be entitled to cancel all, or any part, of any order of the Client which remains unfulfilled, and all amounts owing to Mr Switch shall, whether or not due for payment, become immediately payable if:

(a) any money payable to Mr Switch becomes overdue, or in Mr Switch’s opinion the Client will be unable to make a payment when it falls due;
(b) the Client becomes insolvent or bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

17. Cancellation

17.1 Mr Switch may cancel any contract to which these terms and conditions apply, or cancel provision of the Works at any time before the Works have commenced, by giving written notice to the Client. On giving such notice Mr Switch shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to Mr Switch for Materials already procured for the Works. Mr Switch shall not be liable for any loss or damage whatsoever arising from such cancellation.
17.2 In the event that the Client cancels this contract, or provision of the Works, the Client shall be liable for any and all loss incurred (whether direct or indirect) by Mr Switch as a direct result of the cancellation (including, but not limited to, any loss of profits).
17.3 Cancellation of orders for Materials made to the Client’s specifications, or for non-stocklist items, will definitely not be accepted once production has commenced, or an order has been placed.

18. Privacy Act 1988

18.1 The Client agrees for Mr Switch to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Client in relation to credit provided by Mr Switch.
18.2 The Client agrees that Mr Switch may exchange information about the Client with those credit providers and with related body corporates for the following purposes:

(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client including the Client’s repayment history in the preceding two (2) years.

18.3 The Client consents to Mr Switch being given a consumer credit report to collect overdue payment on commercial credit.
18.4 The Client agrees that personal credit information provided may be used and retained by Mr Switch for the following purposes (and for other agreed purposes or required by):

(a) the provision of Works; and/or
(b) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Works; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(d) enabling the collection of amounts outstanding in relation to the Works.

18.5 Mr Switch may give information about the Client to a CRB for the following purposes:

(a) to obtain a consumer credit report;
(b) allow the CRB to create or maintain a credit information file about the Client including credit history.

18.6 The information given to the CRB may include:

(a) personal information as outlined in 4.1 above;
(b) name of the credit provider and that Mr Switch is a current credit provider to the Client;
(c) whether the credit provider is a licensee;
(d) type of consumer credit;
(e) details concerning the Client’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Client no longer has any overdue accounts and Mr Switch has been paid or otherwise discharged and all details surrounding that discharge (e.g. dates of payments);
(g) information that, in the opinion of Mr Switch, the Client has committed a serious credit infringement;
(h) advice that the amount of the Client’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

18.7 The Client shall have the right to request (by e-mail) from Mr Switch:

(a) a copy of the information about the Client retained by Mr Switch and the right to request that Mr Switch correct any incorrect information; and
(b) that Mr Switch does not disclose any personal information about the Client for the purpose of direct marketing.

18.8 Mr Switch will destroy personal information upon the Client’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this contract or is required to be maintained and/or stored in accordance with the law.
18.9 The Client can make a privacy complaint by contacting Mr Switch via e-mail. Mr Switch will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Client is not satisfied with the resolution provided, the Client can make a complaint to the Information Commissioner at www.oaic.gov.au.

19. Building and Construction Industry Security of Payments Act 1999

19.1 At Mr Switch’s sole discretion, if there are any disputes or claims for unpaid Works then the provisions of the Building and Construction Industry Security of Payments Act 1999 may apply.
19.2 Nothing in this contract is intended to have the effect of contracting out of any applicable provisions of the Building and Construction Industry Security of Payments Act 1999 of New South Wales, except to the extent permitted by the Act where applicable.

20. General

20.1 The failure by Mr Switch to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Mr Switch’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
20.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the State in which Mr Switch has its principal place of business, and are subject to the jurisdiction of the Ryde Local Court in that State.
20.3 Subject to clause 14, Mr Switch shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit, pre-ascertained or liquidated damages) suffered by the Client arising out of a breach by Mr Switch of these terms and conditions (alternatively Mr Switch’s liability shall be limited to damages which under no circumstances shall exceed the Price).
20.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by Mr Switch nor to withhold payment of any invoice because part of that invoice is in dispute.
20.5 Any claim whatsoever which the Client may have against Mr Switch shall be deemed to be waived if not made in writing within the timeframe specified in clause 4.3 from the event giving rise to such claim.
20.6 Neither party shall be entitled to assign (whether in part or in whole) this contract without the prior written consent of the other party, however, Mr Switch may license or sub-contract all or any part of its rights and obligations without the Client’s consent.
20.7 The Client agrees that Mr Switch may amend these terms and conditions at any time. If Mr Switch makes a change to these terms and conditions, then that change will take effect from the date on which Mr Switch notifies the Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for Mr Switch to provide any Works to the Client.
20.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
20.9 The Client warrants that:

(a) it has the power to enter into this contract and has obtained all necessary authorisations to allow it to do so;
(b) it is not insolvent; and
(c) this contract creates binding and valid legal obligations on it.

Dispatch Fee

* Our dispatch fee is a minimum charge to have our expert attend your home or office. This charge does NOT INCLUDE any works to be carried out.
* Where the dispatch or “call out fee” is at $0 this is for business hours ONLY, and applies to domestic properties ONLY, there may be some rare cases where this cannot apply in which case you will be notified before any booking is made.
* This cannot be used in conjunction with any other offer.

Drains Cleared from $88* inc GST

* This is an internet and mail card special for domestic clients only.
* The offer says “Blocked Drain Specialists – Clear your drains from $88 OR IT’S FREE*”
* This includes the use of drain rods or hand tools.
* The use of specialised CCTV equipment is not included with this promotion.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Online & Print Discount – $50 Off inc GST

* This promotion does not expire and is valid with any completed works over $250.
* This discount is not valid for use with the dispatch fee.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Seniors 10% Discount

* This promotion is only valid when presented before the final price is given. When not presented in advance it is assumed that is has been applied and built into the price without needing to be presented.
* This discount is not valid for use with the dispatch fee.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Promotional Postcard & Email – $75 Off or $100 Off inc GST

* This promotion does not expire and is valid with any completed work over $400.
* This discount is not valid for use with the dispatch fee.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

LED Lights From $66* or $53.90* inc GST

* LED Lights $66 or $53.90 includes the supply and replacement of existing fittings.
* The LED plug base will be an additional charge should they not be already fitted.
* No wiring is included with this special.
* Price does not include GST.
* The LED are priced from $66 per light which will include labour and supply of a base model LED light fitting.
* This does not include installation of switches for new lights or dimmers for upgraded lighting.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Supply & Install Toilet – $74 OR $75 Off inc GST

* Save $74 or $75 on the supply and installation of a toilet.
* The $74 or $75 will come off the final price of the supply and installation of a toilet.
* This discount does not include customer supplied toilets.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Gas Point – 15% Off

* This is a maximum saving of 15% which does not apply to shield cover members.
* Shield cover members may be eligible for an additional 5% discount bringing the total discount to 20%.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Photoelectric Smoke Alarm – $129 inc GST

* This includes the supply and replacement of an existing smoke alarm to a latest technology photoelectric smoke alarm.
* This price is for the supply and replacement of an existing smoke alarm with no additional wiring required.
* This offer is only valid for domestic homes.
* Price does not include GST.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

3 in 1 Heat Lamp, Exhaust Fan, & Light – $299 inc GST

* This includes a 2 heat lamp with exhaust fan, & light supplied and installed.
* This price is for the supply and replacement of an existing heat lamp with no additional wiring required.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Preventative Blocked Drain Jet  – $249 inc GST

* This includes jetting of a line to prevent blockages.
* This will include a maximum of 60 minutes onsite with use with specialised jetting equipment.
* In the event that there is a blockage that does not clear using the equipment, an additional quote will be provided to clear and rectify the issue.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Reduced Dispatch Fee – Yellow Pages Print Special Only  – $29 inc GST

* This reduces the dispatch fee by $10 for customer who find us through the Yellow Pages Print advertising channel.
* This special is only valid for the 2017-18 Yellow Pages book and will not be applicable until said time when the book has been distributed.
* This cannot be used in conjunction with any other offer.

Air Conditioner Supply & Installation – $1,499 inc GST

* This special is for the supply and installation of a 2.5kw Fujitsu split system air conditioner system.
* This is for a standard installation of a back to back split system air conditioner and additional charges may apply for non-standard installation.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Air Conditioner Supply & Installation – $1,813.50 inc GST

* This special is for the supply and installation of a 3.5kw Fujitsu split system air conditioner system.
* This is for a standard installation of a back to back split system air conditioner and additional charges may apply for non-standard installation.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Air Conditioner Supply & Installation – $2,446 inc GST

* This special is for the supply and installation of a 5kw Fujitsu split system air conditioner system.
* This is for a standard installation of a back to back split system air conditioner and additional charges may apply for non-standard installation.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Air Conditioner Supply & Installation – From $5,999 inc GST

* This special is for the supply and installation of a ducted split system air conditioner system.
* This is for a standard installation of a ducted air conditioner and additional charges may apply for non-standard installation.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Outdoor Powerpoint Supply & Installation – $250 inc GST

* This special is for the supply and installation of a base model outdoor powerpoint.
* This is for a basic installation of a back to back powerpoint and additional charges may apply for non-standard installation.
* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This cannot be used in conjunction with any other offer.

Limited Time $0 Call Out Fee

* This offer is only valid for domestic homes.
* This will be priced at the Service Heroes company price and the discount will apply to the given price.
* This will be clearly documented in both the quote and invoice.
* This is covered by our lifetime warranty on workmanship.
* This is only valid when seen in advance.
* This cannot be used in conjunction with any other offer.