Palladium Electrics – Terms & Conditions
Exclusions
- Existing cabling
- Scissor lifts, scaffolding, fibre runs, or night work
- Variations or changes to original specifications
- Consumables or rubbish removal
- Floods, weather-related delays, or trenching
- Any unforeseen issues within walls or ceilings prior to stripping
- Plastering or painting of holes required to run cables
- Power surges or storm-related damage
- Any items not explicitly listed in the job description
Warranty Periods
- CCTV Systems: 2 years
- LED Downlights: 2 years
- Workmanship (excluding power surges and storm damage): 12 months
- All Other Hardware & Products: 1-year warranty for parts and labour. Additional manufacturer terms may apply (available upon request).
Quote Validity
Quotes remain valid for 30 days from the date issued.
Deposit & Payments
- A 10% deposit is required to confirm the booking and secure product delivery.
- A 30% progress payment is due on the day of works.
- Final payment is due upon job completion.
- Project-specific progress payments will be discussed onsite.
General Terms
How These Terms Apply
You are taken to have exclusively accepted and are immediately bound, jointly and severally (where there is more than one purchaser), by these terms of trade when any one of the following occurs:
- You place an order for any Goods and/or Services from us
- You accept delivery of any Goods from us
- You accept our Services by permitting us to enter your premises to perform Services or install Goods
- You issue a purchase order to us following receipt of a Quote/Cost Estimate
These terms apply together with any exclusions or additional terms specified in any Quote/Cost Estimate.
Our Contract
Your acceptance of the Quote/Cost Estimate and these general terms together constitute the agreement (the “Contract”) between Palladium Electrics Pty Ltd (ABN 42 618 165 683) (“us”, “our”, “we”) and you, the named customer in the Quote/Cost Estimate, in respect of the Goods and Services.
Business Days
Means a day on which banks are ordinarily open in the State or Territory under the Governing Law, excluding Saturdays, Sundays, and public holidays. “Day” means a calendar day.
Parties
“You” means the purchaser named in any invoice, order, Quote/Cost Estimate or other document. If more than one person is named, each person’s liability and obligations are joint and several.
“We”, “us” or “our” means Palladium Electrics Pty Ltd (ABN 42 618 165 683) and includes our employees, contractors, approved subcontractors, assignees, and transferees.
Our Services & Obligations
Goods & Services
Our Services include:
- Consultation, electrical design, repair, investigation, reticulation, testing, installation and any other service described in our Quote/Cost Estimate
- The supply of Goods and materials required for those Services
Subcontractors
We or our approved subcontractors may perform the Services.
Performance
We will perform the Services with due skill and care and in a competent manner. All Goods and materials supplied will be fit for purpose and, unless agreed with you, new.
Exclusions
All job-specific exclusions listed in our Quote/Cost Estimate are incorporated into these terms.
Plans & Specifications
All plans and specifications accompanying these terms, including any variations, form part of this Contract.
Updates on Timing
We will advise you of any anticipated delay to provide a Service or procure Goods.
Certificate of Completion & Record of Work
If required by law, we will provide any certificate or similar document confirming completion of works.
Electrical Certification
If required by law, we will supply the applicable certification confirming electrical work has been certified and tested.
No Guarantee of Concurrent Days
We may manage multiple jobs and will keep you informed of dates/times we can attend your site. Unless expressly agreed in writing, we are not exclusive to your job and are not obliged to attend on repeated, concurrent days.
Work May Be Performed in Instalments
We may perform the Services in instalments on different dates.
Customer Obligations
Authority for Approval Decisions
Nominate a single individual with authority to give instructions/approvals. If delegating to a consultant, provide written confirmation of their contact details, status, and authority.
Consents
Arrange, at your cost, all consents required for us to perform the Services unless we have expressly agreed to act as your agent in our scope of works.
Code Compliance Certifications
Arrange, at your cost, all applicable compliance certifications unless we have expressly agreed to act as your agent.
Separate Contractors
You are responsible for separate contractors required for your project whom we will not engage directly. Where liaison with such contractors is required and not included in our Quote/Cost Estimate, this may be charged on a time-and-materials basis.
Asbestos Detection Report
Where requested, supply at your cost a clearance report from a competent expert confirming no asbestos is present at the site, unless we have expressly agreed to act as your agent.
Underground Services Detection
Where Services may be in/around underground services, arrange at your cost:
- Plans of underground service locations
- Cable locations and mark-outs
- Mark-outs of recommended clearances
- Any stand-over service where we identify high-risk of underground strikes
Site Preparation Works
Before we commence, complete at your cost:
- Removal of obstructions to access
- Interior clearance where internal access is required
- Excavation, site scraping, downpipes, drainage and other necessary works
- Opening of service trenches where we are to perform reticulation
- Ensuring survey pegs/boundary markings are visible
- Any other preparatory works you have expressly agreed to perform
Development & Layout Plans
If you are a developer, supply complete and accurate development/subdivision plans and any electrical layout/design plans, and promptly provide updates.
Scope Changes to a Minimum
You acknowledge that requested variations (changes to selections, scope, or staging) may not be accommodated within your expected time frame.
Price & Deposits
Quotes/Estimates
Unless our Quote/Cost Estimate specifically offers a fixed price, all Quote/Cost Estimates are cost estimates based on assumed capped labour hours and materials for the stated scope.
Deposit
Our Quote/Cost Estimate will state if a deposit is required to confirm the booking of our Services.
Payments & Invoicing
Time & Materials
Where costs are estimated on a time-and-materials basis, invoices will reflect actual hours incurred up to the invoice date and actual materials required.
Amounts Owing
All invoice amounts are payable on the due date specified in the invoice.
Progress Payments
We may invoice:
- At a specific frequency (e.g. fortnightly or monthly) for actual hours and materials
- At agreed milestones/stages
- In stated percentages on specific dates, as set out in your Quote/Cost Estimate
Retentions
No retentions apply under these terms unless expressly agreed in advance. Where retentions are agreed, relevant legislation of the Governing Law state/territory applies.
No Deferment of Final Balance
You may not defer payment of the final balance beyond the due date unless agreed by variation.
No Set-Off or Deduction
Amounts Owing must be paid without set-off or deduction.
Payment Claims
Where this Contract is for “construction work” under applicable Security of Payment legislation, invoices are issued as payment claims in accordance with that legislation.
Disputed Amounts
If you dispute an invoice, you must issue a valid payment schedule within five (5) Business Days of receipt.
Overdue Amounts
If an Amount Owing is unpaid by the due date and no valid payment schedule exists, we may apply interest at the Reserve Bank of Australia cash rate plus 2.5% per annum, calculated daily and compounding monthly.
Recovery Costs & Administration Fees
If an overdue amount remains unpaid for fourteen (14) Business Days or more, we may engage a debt collection agency or solicitor. You are liable for recovery costs including legal costs, agency fees and reasonable administration fees.
Variations
Variations to Price or Time
We may issue a written Variation Order to change the total price or extend time where, for example:
- Additional measurements are required to verify plans/drawings supplied by you
- You revise plans/specifications
- Selections/materials change after acceptance
- The site area is extended beyond the quoted sqm
- The agreed commencement date changes
- Site preparation works are incomplete
- Hidden or unidentifiable difficulties are discovered
- Cost fluctuations in materials occur
- Substitutions are required due to supply issues
- Other comparable impacts arise
Additional Labour Hours
Extra labour requested to shorten time frames or caused by delays may be charged at premium rates.
Right to Decline a Variation
We may decline a requested Variation and treat it as a new scope.
Confirming Variations
We will provide a Variation Order stating the change, how the price is calculated, and any additional costs.
Suspension & Termination of Services
Suspension for Overdue Amounts
If an Amount Owing remains overdue for two (2) Business Days, we may suspend Services without notice.
Termination for Default
We may terminate the Contract if:
- You fail to pay the deposit
- You fail to pay an overdue amount
- You become insolvent or bankrupt
- We or our contractors are denied safe access to the site
Termination for Convenience (by You)
If you cancel before commencement, give at least ten (10) Business Days’ written notice.
Retention of Deposit & Costs
If you cancel before commencement, we may retain:
- Amounts incurred for materials ordered/purchased
- A reasonable amount to cover administration and expenses
Warranties
Consumer Guarantees
To the maximum extent permitted by the Australian Consumer Law and Competition and Consumer Act 2010 (Cth), our liability is limited to the amount set out in our Quote/Cost Estimate and invoice.
Health & Safety
We will perform the Services to accepted industry standards and in accordance with applicable Work Health & Safety laws.
Delay Fees
You are not entitled to delay fees, liquidated damages, or other costs related to delays in performance of the Services.
Accepted Tolerances
Accepted industry variances and tolerances are not defects.
Warranty Notice Period
Defective workmanship or product defects discovered within twelve (12) months of practical completion will be handled as follows:
- Goods: repair, replacement or manufacturer warranty assistance
- Workmanship: re-performance of the Services
Exclusions from Warranty
No warranty applies where:
- Accepted tolerances are present
- The issue is not notified within the applicable period
- Damage results from misuse, lack of maintenance, storms, natural disasters, third-party repairs or modifications
Risk, Title & PPSA
Risk
Risk in Goods passes to you on delivery or completion of the Services.
Retention of Title
We retain title to Goods supplied until paid in full.
Right to Enter & Repossess
If you fail to pay amounts owing, we may enter the site to identify and remove Goods we still own.
PPSA
This Contract constitutes a security agreement under the Personal Property Securities Act (PPSA).
Limitation of Liability, Disputes & General Terms
Delays to Performance
We exclude liability for claims, losses, damages and costs arising from Services not occurring as planned.
COVID-19 Delays
Services remain subject to government directives, shutdowns, travel limits, and infection risks.
Force Majeure
Neither party is liable for non-performance due to events beyond reasonable control including natural disasters, pandemics, strikes or government actions.
Aggregate Limit
Our total liability is limited to the total price of the Goods/Services or your actual direct costs, whichever is lower.
Dispute Resolution
Any dispute must first be raised in writing. Parties must attempt to resolve the dispute before proceeding to adjudication, arbitration or court action.
Notices
A notice is deemed given when:
- Delivered in person
- Left at the registered address
- Sent by registered post
- Emailed to the last known email address
Governing Law
This Contract is governed by the laws of the State or Territory in which our business is registered.
Severability
If any provision is unenforceable, the remaining provisions continue in force.
Entire Agreement
This Contract and the accepted Quote/Cost Estimate comprise the entire agreement.
Electronic Acceptance
Any legal requirement may be met electronically in accordance with the Electronic Transactions Act 1999 (Cth).