Terms & Conditions
Private Electrical & Gas Services Terms & Conditions (Adamson Electrical Pty Ltd)
1. Scope of Work
a. Adamson Electrical provides electrical services including installations, repairs, and maintenance.b. All services are performed by qualified technicians following industry standards.
2. Quotes and Pricing
a. A detailed quote will be provided before any work begins.b. Prices are based on the scope of work outlined in the quote. Any additional work will be communicated and approved by the customer before proceeding.
3. Payment
a. Minimum 20% deposit is due once approved.b. Remaining payment is due upon completion of the job.c. We accept cash and bank transfers.d. Invoices not paid within 30 days are subject to late fees.
4. Cooling off period
a. Under Schedule 1B of the QBCC Act you may have the right to withdraw from this Contract during the cooling-off period of 5 business days commencing whenyou have received a signed copy of the entire Contract, including any plans and specifications.b. If you wish to withdraw under the ‘cooling-off’ provisions you must give the Contractor a signed written notice stating that you withdraw from the Contractunder section 35 of Schedule 1B of the QBCC Act (see section 37 of Schedule 1B of the QBCC Act for more details on the procedure for withdrawing)
5. Site access
a. The client must ensure safe and unobstructed access to the worksite for our team throughout the duration of the project.b. This includes providing necessary permissions, removing any obstacles, and ensuring a clear and safe environment for our technicians to perform their duties.c. Any delays or additional costs incurred due to restricted access will be the responsibility of the client.
6. Cancellation Policy
a. Customers must provide at least 24 hours' notice to cancel or reschedule appointments.b. A cancellation fee of $150 plus GST for callouts will be charged for appointments cancelled without sufficient notice.c. Both parties may cancel this agreement with written notice.d. Deposits are non-refundable after the cooling off period.e. In case of cancellation work completed beyond deposit amount shall be payable by the client.f. In the event of a cancellation contracted companies are responsible for payment of any work completed up to the date of cancellation. If ADAMSON is not thecause of cancellation, the contacted company must compensate ADAMSON 20% of the remaining contract value for loss of work.
7. No-Show Fee
a. Customers are expected to be present at the scheduled appointment time. Failure to be present without prior notice may result in a no-show fee.b. The no-show fee will be $150 plus GST and will be added to the customer's invoice for the missed appointment.
8. Delays
a. While we strive to complete all projects within the agreed-upon timeframe, unforeseen circumstances such as adverse weather conditions, supply chaindisruptions, or other factors beyond our control may cause delays. In such cases, we will promptly notify the client and provide an updated schedule. The clientagrees that any such delays will not constitute a breach of contract and that additional time required to complete the project will be granted.b. Any additional costs incurred due to these delays may be subject to further negotiation and agreement between both parties.c. If delays are caused by ADAMSON, we will work with the client to provide appropriate compensation, which may include but is not limited to credits forfuture services.These conditionions will be discussed with the customer.
9. Confidentiality agreement
a. Both parties agree to keep all project details confidential and not to disclose any information to third parties without written consent.
10. Warranty
a. We offer a two-year warranty on labour for our services. This warranty covers any defects in workmanship or installation errors.b. Warranty claims must be submitted within the specified warranty period.c. Please note that the warranty does not cover materials used, as they are subject to the manufacturer's warranty policies.d. Any issues related to materials should be addressed directly with the manufacturer or supplier.
11. Liability
a. Adamson Electrical is not liable for damages or losses resulting from unforeseen circumstances, misuse of equipment, or failure to follow maintenance instructions.b. Customers are responsible for providing a safe working environment for our technicians.c. Adamson Electrical is committed to complying with relevant safety standards, including industry standards, regulations, and safe work practices.d. We undertake obligations to ensure the worksite's safety for our workers and implement necessary safety measures. This includes reporting requirements foraccidents or injuries to the relevant regulatory body.e. In handling hazardous materials, we follow strict safety procedures for their safe handling, transportation, and disposal.f. In situations where it is deemed unsafe to provide services due to reasons beyond our control, we reserve the right to suspend our services temporarily andprovide them at a later date when conditions allow for safe work practices.g. The business is not liable for any indirect damages caused by the delay or failure of services. Any claims against the business shall be limited to the amount paidby the client.
12. Privacy
a. We respect our customers' privacy and will not disclose personal information to third parties without consent, except as required by law.
13. Feedback and Complaints
a. We welcome feedback from customers to improve our services.b. Any complaints should be addressed to our customer service team for resolution.
14. Governing Law
a. These terms and conditions are governed by the laws of Australia, Queensland. Any disputes will be resolved in accordance with these laws. By engaging our services, you agree to abide by these terms and conditions. If you have any questions or need clarification, please contact us. Air Conditioning Unit Installation Terms & Conditions (Adamson Electrical Pty Ltd)
1. DEFINITIONS
a. Accepted Invoice refers to the meaning provided in clause (6).b. Advertisement means an advertisement by Adamson Electrical, which may appear in selected stores from time to time, for the installation of an inverter split system air conditioning unit at a specified indicative price.c. Adamson Electrical or Adamson or our or us or we mean, Adamson Electrical Pty Ltd ACN614 375 209 ABN 34 614 375 209 trading as ADAMSON with Arctick Licence No.L134638, QBCC Licence No. 15325851 and QLD Electrical Contractor Licence No. 81640 licensed under the Electrical Safety Act 2002 (Qld).d. Booking refers to an offer made by you in response to an invitation to treat by Adamson, as detailed in the advertisement, for Adamson to inspect the premises, including the proposed installation site, and provide installation services. This is in consideration of you paying the indicative price to Adamson, subject to these terms.e. Building Act means, the building act that relates to the state of installation. Building Act 1991 (QBCC), The Home Building Act 1989 (NSW).f. CCAct means Competition and Consumer Act 2010 (Cth).CC Act Implied Term means, in respect of the supply of installation services by Adamson to you, any term, condition, consumer guarantee or warranty, for the benefit of you, implied by or arising under the cc act in relation to that sale or supply of those installation services, or otherwise implied by any similar written or unwritten law of any state or territory of Australia.g. Failure to Pay means the customer’s failure to make full and timely payment for the installation services provided by Adamson, as outlined in these terms and conditions, including any amounts due on the day of installation or as otherwise specified in the agreement between the parties.h. Cost Responsibility: All costs associated with the debt recovery process, including legal fees, shall be the responsibility of the customer.i. Indicative Price refers to an estimated price listed in the advertisement for the installation of a selected air conditioning unit. Installation Date means a date agreed between you and Adamson for the provision of the installation services. Installation Site means the location on the premises where your selected air conditioning unit is to be installed pursuant to the installaInstallation Services refers to the services provided by Adamson for installing your selected air conditioning unit, as detailed in an invoice or accepted invoice.j. Invoice means a document provided by Adamson to you for the provision of installation services.k. Parties refers collectively to Adamson and you, and Party refers to either one of them.l. Premises means the location where the installation services are to be provided, as specified in an invoice or accepted invoice.m. Selected System refers to an air conditioning unit mentioned in the advertisement.n. Selected Store means a Harvey Norman store operated by an independent franchisee in Australia.o. Service Fee refers to the amount specified in the invoice or accepted invoice for the installation services, which may be adjusted from time to time in accordance with these terms or as otherwise agreed in writing by you and Adamson installation services.p. Standard “Back-to-Back” Installation means an installation providing three meters of copper piping connecting the compressor to the head unit, fifteen meters of electrical cabling running from the power box where applicable (located near the compressor) to the air conditioning unit, and two meters of capping or plastic tubing for concealing cords and wires between the indoor and outdoor unit. Installation site must be ground level or single-storey dwelling (excluding apartments, units, or other types of strata title properties) located within Australia and not constructed with double brick or concrete. No presence of asbestos on the property, and both the premises and the installation site must be structurally capable of supporting the required installation work. The installation site should be within a 25-kilometer radius of where a selected store was purchased. Please note that any additional requirements or extras will incur additional charges accordingly.q. Terms means these standard terms and conditions and includes any invoice or accepted invoice.r. Website means www.adamsonelectrical.com.aus. You or your means the person or entity who makes a booking with Adamson.t. Your Offer has the meaning given in clause (3).u. Your Selected Air conditioner means the selected air conditioning unit purchased by you from a selected store.
2. CONDITIONS PRECEDENT
a. (2) If you make a booking with Adamson, Adamson will inspect the premises, including the installation site, on the day of installation to assess the conditions at its sole discretion. The work cannot proceed if any of the following conditions are not met: health and safety concerns that pose risks to our installers or others, including the presence of asbestos, which is beyond our scope of practice; disagreement on pricing; or the presence of an abusive or aggressive customer.
3. YOUR OFFER
a. (3) If all the conditions precedent are satisfied, Adamson may, at its sole discretion, choose to accept your offer for installation services. This acceptance will be in consideration of you paying the relevant indicative price to Adamson, subject to these terms. Adamson will provide you with an invoice for the indicative price, which you must pay according to these terms. The agreement formed by Adamson's acceptance of your offer will incorporate these terms and the invoice. You will sign the invoice at that time. Accepting the quote online electronically via link or replying electronically by text or email is accepted as a form of signature.b. (4) If Adamson elects not to accept your offer, then:
(a) Adamson has no obligation to provide any installation services to you.(b) You have no right to require Adamson to provide the installation services to you;and(c) Adamson will promptly return to you any deposit paid by you to Adamson.c. (5) The indicative price:(a) Installation of the air conditioning unit with up to 3 meters copper piping for the compressor to the air conditioning unit.(b) Up to 15 meters of electrical cabling for the power box (near the compressor) to the air conditioning unit.d. (6) If any of the conditions precedent are not satisfied, Adamson may, at its sole discretion, offer to provide you with a cost estimate for any additional materials or labor (or both) not covered by the indicative price (extra services). This additional cost (extra cost) will be included in either the original invoice as an addition or in a secondary invoice. You may accept this by signing the invoice. Once you sign that invoice (accepted invoice), the agreement will be deemed to incorporate these terms and the accepted invoice.
4. PRICE AND PAYMENT
a. (7) Please be advised that the pricing outlined pertains solely to domestic (residential homes) installations. For commercial installations, pricing may be subject to adjustment following assessment by our technicians.b. (8) A minimum deposit of 20% is required upon booking via direct debit. For services related to cooking appliances and dishwashers, full payment is due before the day of installation. For all other services, including any additional costs, the remaining balance must be paid in cash or via direct deposit on the day of installation. It is essential that the balance be settled on the day of completion. In the event of no payment a process through QCAT will be initiated.
5. FAILURE TO PAY
a. (9) Payment Deadline: Payment must be made at the latest on the day of installation. Any payments made later, unless agreed upon through a formal arrangement between Adamson and the customer, shall be considered a breach of contract.b. (11) Cost Responsibility: All costs associated with the debt recovery process, including legal fees, shall be the responsibility of the customer.
6. SUBCONTRACTING
a. (12) You acknowledge that Adamson may in its sole discretion sub-contract the performance of all or any part of the Installation Services to third parties.
7. WHAT YOU MUST DO
a. (13) You must:(a) before the Installation Date, advise Adamson if you suspect or are aware that the Premises contains asbestos;(b) on the Installation Date, provide Adamson with necessary and reasonable access to the Premises and Your Selected Air Conditioning Unit to allow Adamson to carry out the Installation Services;(c) at your sole cost and expense, ensure that any plumbing, electrical or carpentry works required to be carried out in order for Adamson to perform the Installation Services have been carried out prior to the Installation Date;(d) ensure that the Premises:(i) are safe and easily accessible by Adamson;(ii) are cleared and free of any obstacles or obstructions that may impede or delay the provision of Installation Services;(iii) has the necessary electrical supply connected to the point of installation at the Installation Site; and(iv) are free from any hazardous materials or substances;(e) homeowner or authorized personnel must be on the Premises the whole duration of the Installation Date while the Installation Services are being provided in case Adamson requires any instructions from you in relation to the Installation Services; and(f) ensure that immediately prior to Adamson undertaking the Installation Services:(i) you own Your Selected Air Conditioning Unit free from all encumbrances; and(ii) Your Selected Air Conditioning Unit is new and unused and still contained in its original packaging.b. (14) If you are in breach of one or more of the obligations specified in clause five parage b point ten (10), then Adamson may in its sole discretion:(a) suspend indefinitely, or delay the provision of all or any Installation Services until you rectify the Breach at no cost or liability to Adamson; and/or(b) require that you pay, and you must pay, Adamson any additional fees, charges, disbursements, and out-of-pocket expenses incurred by Adamson as a result of the Breach.c. (15) Following the provision of Installation Services, it is your responsibility to ensure that your chosen Air Conditioning Unit is maintained, serviced, and used in accordance with the manufacturer's specifications for the unit.
8. CHANGES, CANCELLATIONS AND RESCHEDULING
a. (16) You must provide at least 24 hours' notice prior to the Installation Date if you wish to change, cancel, or reschedule the Installation Date. If you fail to provide the required notice or are not present on the Premises at the scheduled time for the Installation Services, Adamson Electrical may, at its sole discretion, charge a cancellation or rescheduling fee of $150 (plus GST). This fee will also apply if the technician/tradesman visits the site, advises of additional requirements or extras, and you subsequently cancel the appointment.
9. INDOOR AND OUTDOOR UNIT LOCATIONS:
a) Location Confirmation: The placement of indoor and outdoor units, as well as the scope of work, must be finalized on-site with the persons present at the installation site. Consent will only be provided by the person present on-site unless otherwise advised in advance. Instructions regarding the unit’s location must be documented in writing and confirmed with a photograph showing the unit's placement. Additionally, the customer will sign a job completion form as a second measure to ensure they are satisfied with and agree to the installation location.b) Adjustments Post-Installation: Any adjustments needed after the initial installation date will be treated as separate services and will incur additional charges.
10. WHAT ADVANCED ONE WILL DO
a. (18) Adamson Electrical will:(a) provide any Installation Services:(i) in accordance with these Terms and the terms set out in any Invoice or Accepted Invoice;(ii) with all due skill and care to the best of its knowledge and expertise;(iii) in a proper and workmanlike manner; and(iv) in accordance with any relevant legal and regulatory requirements;(b) use materials, equipment, workmanship and methods that are suitable for the purposes of providing the Installation Services.b. (19) Adamson will use its best endeavours to provide the Installation Services in a timely manner, however Adamson will not be liable for any delay in providing Installation Services if such delay is caused by circumstances beyond the reasonable control of Adamson.
11. LIMITATION OF LIABILITY
a. (20) Adamson acknowledges that the Competition and Consumer Act (CC Act) and similar State and Territory legislation grant you certain non-excludable rights and remedies regarding the supply of Installation Services by Adamson, as stated in these Terms or otherwise. These rights cannot be excluded, restricted, or modified by agreement (Non-Excludable Rights). Adamson does not exclude any Non-Excludable Rights. However, Adamson excludes all other terms, conditions, guarantees, and warranties implied by written or unwritten law related to any sale or supply of Installation Services by Adamson to you.b. (21) Subject to law, Adamson makes no representation and gives no warranty in relation to any supply of Installation Services by Adamson to you.c. (22) You acknowledge that you have not relied upon any representation or warranty made by or on behalf of Adamson in relation to any sale or supply of Installation Services pursuant to these Terms, and will not rely upon any representation or warranty made by or on behalf of Adamson in relation to any future sale or supply of Installation Services by Adamson to you, which is not expressly agreed in writing by Adamson prior to the sale or supply of the Installation Services, subject in all respects to the written law.d. (23) To the extent permitted by law, in respect of each sale or supply of Installation Services by Admason to you:(a) each CC Act Implied Term is expressly excluded; and(b) the liability of Adamson is limited to the cost of resupplying the Installation Services.e. (24) In the context of this clause (Clause 21), Adamson shall not be liable for any failure to comply with its provisions under the following circumstances:(a) If the failure is solely attributable to a design or specification prepared by or on behalf of the owner of the Premises (excluding designs or specifications created by or on behalf of Adamson).(b) If the failure is a result of a design or specification mandated by the owner of the Premises, provided that Adamson has previously notified the owner in writing of the non-compliance with this very Clause 21.No Party shall have any liability to the other Party, or any person claiming through or under the other Party, for indirect or consequential loss, including lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms or the Installation Services.
12. CHARGES IN THE ABSENCEOFINSTALLATION ISSUES:
a. (25) Adamson reserves the right to charge the customer for investigation costs in the event that an error with the unit is found not to be an installation error.
13. PRIVACY
a. (26) Adamson Electrical Pty Ltd has adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au Adamson Electrical Pty Ltd respects our obligation to protect the privacy of the personal information of individuals with whom we deal, in accordance with the Australian Privacy Principles (‘APPs’) of the Privacy Act 1988(Cth) (Privacy Act).
14. GENERAL
a. (27) These Terms are subject to change at any time without prior notice, and such changes shall be effective without the need for a written agreement signed by the Parties.b. (28) If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms shall have full force and effect and the validity or enforceability of that remainder in any other jurisdiction is not affected.c. (29) If a Party elects not to exercise any of its rights arising as a result of any breach of these Terms, any such election shall not constitute a waiver of any rights of that Party relating to any other breach or any subsequent breach.d. (30) You may not assign, transfer or novate its rights, interests or obligations under these Terms, without the prior written consent of Adamson, which may be refused in the sole discretion of Adamson. Adamson may, in its sole direction, assign, transfer, or novate its rights, interests and obligations under these Terms to a third party which is a related party of Adamson or is a purchaser in connection with the sale of all or part of the business by Adamson without obtaining your consent. Cooking Appliance Installation Terms and Conditions (Advanced One)
1. DEFINITIONS
a. Accepted Invoice refers to the meaning provided in clause (6).b. Advertisement means an advertisement by Adamson Electrical, which may appear in selected stores from time to time, for the installation of an inverter split system air conditioning unit at a specified indicative price.c. AdamsonElectrical or Adamson or our or us or we mean, Adamson Electrical Pty Ltd ACN614 375 209 ABN 34 614 375 209 trading as ADAMSON with Arctick Licence No.L134638, QBCC Licence No. 15325851 and QLD Electrical Contractor Licence No. 81640 licensed under the Electrical Safety Act 2002 (Qld).d. Booking refers to an offer made by you in response to an invitation to treat by Adamson, as detailed in the advertisement, for Adamson to inspect the premises, including the proposed installation site, and provide installation services. This is in consideration of you paying the indicative price to Adamson, subject to these terms.e. Building Act means, the building act that relates to the state of installation. Building Act 1991 (QBCC), The Home Building Act 1989 (NSW).f. CCAct means Competition and Consumer Act 2010 (Cth).CC Act Implied Term means, in respect of the supply of installation services by Adamson to you, any term, condition, consumer guarantee or warranty, for the benefit of you, implied by or arising under the cc act in relation to that sale or supply of those installation services, or otherwise implied by any similar written or unwritten law of any state or territory of Australia.g. Failure to Pay means the customer’s failure to make full and timely payment for the installation services provided by Adamson, as outlined in these terms and conditions, including any amounts due on the day of installation or as otherwise specified in the agreement between the parties.h. Indicative Price refers to an estimated price listed in the advertisement for the installation of a selected air conditioning unit.i. Installation Date means a date agreed between you and Adamson for the provision of the installation services. Installation Site means the location on the premises where your selected air conditioning unit is to be installed pursuant to the installaInstallation Services refers to the services provided by Adamson for installing your selected air conditioning unit, as detailed in an invoice or accepted invoice. Invoice means a document provided by Adamson to you for the provision of installation services.j. Parties refers collectively to Adamson and you, and Party refers to either one of them.k. Premises means the location where the installation services are to be provided, as specified in an invoice or accepted invoice.l. Selected Appliance means a cooking appliance.m. Selected Store means a Harvey Norman store operated by an independent franchisee in Australia.n. Service Fee refers to the amount specified in the invoice or accepted invoice for the installation services, which may be adjusted from time to time in accordance with these terms or as otherwise agreed in writing by you and Adamson installation services.o. Terms means these standard terms and conditions and includes any invoice or accepted invoice.p. Website means www.adamsonelectrical.com.auq. You or your means the person or entity who makes a booking with Adamson.r. Your Offer has the meaning given in clause (3).s. Your Selected Air conditioner means the selected air conditioning unit purchased by you from a selected store.
2. CONDITIONS PRECEDENT
a. (2) If you make a booking with Adamson, Adamson will inspect the premises, including the installation site, on the day of installation to assess the conditions at its sole discretion. The work cannot proceed if any of the following conditions are not met: health and safety concerns that pose risks to our installers or others, including the presence of asbestos, which is beyond our scope of practice; disagreement on pricing; or the presence of an abusive or aggressive customer.
3. YOUR OFFER
a. (3) If all the conditions precedent are satisfied, Adamson may, at its sole discretion, choose to accept your offer for installation services. This acceptance will be in consideration of you paying the relevant indicative price to Adamson, subject to these terms. Adamson will provide you with an invoice for the indicative price, which you must pay according to these terms. The agreement formed by Adamson's acceptance of your offer will incorporate these terms and the invoice. You will sign the invoice at that time. Accepting the quote online electronically via link or replying electronically by text or email is accepted as a form of signature.b. (4) If Adamson elects not to accept your offer, then:(a) Adamson has no obligation to provide any installation services to you.(b) You have no right to require Adamson to provide the installation services to you;and(c) Adamson will promptly return to you any deposit paid by you to Adamson.c. (5) The indicative price:(a) The price applies to "like-for-like" replacements of listed appliances only. New installations or modifications will incur additional costs.(b) Existing supply circuits must comply with current regulations, including appropriately sized cables, functional switches adjacent to appliances, and safety switchprotection. Non-compliant circuits will incur additional costs.(c) The existing gas line must meet current regulations.(d) New appliances must fit within the existing cabinetry; otherwise, additional costs will be incurred.(e) There will be an additional charge for picking up appliances from the selected store where the goods were purchased.d. (6) If any of the conditions precedent are not satisfied, Adamson may, at its sole discretion, offer to provide you with a cost estimate for any additional materials or labor (or both) not covered by the indicative price (extra services). This additional cost (extra cost) will be included in either the original invoice as an addition or in a secondary invoice. You may accept this by signing the invoice. Once you sign that invoice (accepted invoice), the agreement will be deemed to incorporate these terms and the accepted invoice.
4. PRICE AND PAYMENT
a. (7) A minimum deposit of 50% is required upon booking via direct debit. For services related to cooking appliances and dishwashers, full payment is due before the day of installation. For all other services, including any additional costs, the remaining balance must be paid in cash or via direct deposit on the day of installation. It is essential that the balance be settled on the day of completion.
5. FAILURE TO PAY
a. (8) Payment Deadline: Payment must be made at the latest on the day of installation. Any payments made later, unless agreed upon through a formal arrangement between Adamson and the customer, shall be considered a breach of contract.
6. SUBCONTRACTING
a. (11) You acknowledge that Adamson may in its sole discretion sub-contract the performance of all or any part of the Installation Services to third parties.
7. WHAT YOU MUST DO
a. (12) You must:(a) before the Installation Date, advise Adamson if you suspect or are aware that the Premises contains asbestos;(b) on the Installation Date, provide Adamson with necessary and reasonable access to the Premises and Your Selected cooking appliance to allow Adamson to carry out the Installation Services;(c) at your sole cost and expense, ensure that any gas, plumbing, electrical or carpentry works required to be carried out in order for Adamson to perform the Installation Services have been carried out prior to the Installation Date;(d) ensure that the Premises:(i) are safe and easily accessible by Adamson;(ii) are cleared and free of any obstacles or obstructions that may impede or delay the provision of Installation Services;(iii) has the necessary gas and electrical supply connected to the point of installation at the Installation Site; and(iv) are free from any hazardous materials or substances;(e) homeowner or authorized personnel must be on the Premises the whole duration of the Installation Date while the Installation Services are being provided in case Adamson requires any instructions from you in relation to the Installation Services; and(f) ensure that immediately prior to Adamson undertaking the Installation Services:(i) you own Your Selected cooking appliance is free from all encumbrances; and(ii) Your Selected cooking appliance is new and unused and still contained in its original packaging.b. (14) After the provision of Installation Services, you must ensure that your appliance is maintained, serviced if necessary, and used in accordance with the specifications provided by the manufacturer of your appliance.
8. CHANGES,CANCELLATIONS AND RESCHEDULING
a. (16) You must provide at least 24 hours' notice prior to the Installation Date if you wish to change, cancel, or reschedule the Installation Date. If you fail to provide the required notice or are not present on the Premises at the scheduled time for the Installation Services, Adamson Electrical may, at its sole discretion, charge a cancellation or rescheduling fee of $150 (plus GST). This fee will also apply if the technician/tradesman visits the site, advises of additional requirements or extras, and you subsequently cancel the appointment.
9. WHAT ADVANCED ONE WILL DO
a. (16) Adamson Electrical will:(a) provide any Installation Services:(i) in accordance with these Terms and the terms set out in any Invoice or Accepted Invoice;(ii) with all due skill and care to the best of its knowledge and expertise;(iii) in a proper and workmanlike manner; and(iv) in accordance with any relevant legal and regulatory requirements;(b) use materials, equipment, workmanship and methods that are suitable for the purposes of providing the Installation Services.b. (17) Adamson will use its best endeavours to provide the Installation Services in a timely manner, however Adamson will not be liable for any delay in providing Installation Services if such delay is caused by circumstances beyond the reasonable control of Adamson.c. (18) You acknowledge that Adamson has not sold or supplied Your Selected Appliance to you and is only providing the Installation Services.
10. LIMITATION OF LIABILITY
a. (19) Adamson acknowledges that the Competition and Consumer Act (CC Act) and similar State and Territory legislation grant you certain non-excludable rights and remedies regarding the supply of Installation Services by Adamson, as stated in these Terms or otherwise. These rights cannot be excluded, restricted, or modified by agreement (Non-Excludable Rights). Adamson does not exclude any Non-Excludable Rights. However, Adamson excludes all other terms, conditions, guarantees, and warranties implied by written or unwritten law related to any sale or supply of Installation Services by Adamson to you.(20) Subject to law, Adamson makes no representation and gives no warranty in relation to any supply of Installation Services by Adamson to you.b. (21) To the extent that the building act) applies to any of the installation services performed pursuant to these terms (relevant installation services), the relevant installation services will comply with:(a) The building code of Australia (including any regulation or other instrument made under comply with under any law; and(c) The conditions of any relevant development consent or complying development certificatec. (22) You acknowledge that you have not relied upon any representation or warranty made by or on behalf of Adamson in relation to any sale or supply of Installation Services pursuant to these Terms, and will not rely upon any representation or warranty made by or on behalf of Adamson in relation to any future sale or supply of Installation Services by Adamson to you, which is not expressly agreed in writing by Adamson prior to the sale or supply of the Installation Services, subject in all respects to the written law.d. (23) To the extent permitted by law, in respect of each sale or supply of Installation Services by Admason to you:(a) each CC Act Implied Term is expressly excluded; and(b) the liability of Adamson is limited to the cost of resupplying the Installation Services.e. (24) In the context of this clause (Clause 20), Adamson shall not be liable for any failure to comply with its provisions under the following circumstances:(a) If the failure is solely attributable to a design or specification prepared by or on behalf of the owner of the Premises (excluding designs or specifications created by or on behalf of Adamson).(b) If the failure is a result of a design or specification mandated by the owner of the Premises, provided that Adamson has previously notified the owner in writing of the non-compliance with this very Clause 20.f. (25) No Party shall have any liability to the other Party, or any person claiming through or under the other Party, for indirect or consequential loss, including lost revenues, lost profits, lost business, lost goodwill or anticipated savings, incidental, indirect, consequential, special, economic or punitive damages whether arising from or in connection with any breach of contract, negligence or any other cause of action in connection with or relating to these Terms or the Installation Services.
11. PRIVACY
a. (26) Adamson Electrical Pty Ltd has adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au Adamson Electrical Pty Ltd respects our obligation to protect the privacy of the personal information of individuals with whom we deal, in accordance with the Australian Privacy Principles (‘APPs’) of the Privacy Act 1988(Cth) (Privacy Act).
12. GENERAL
a. (27) These Terms are subject to change at any time without prior notice, and such changes shall be effective without the need for a written agreement signed by the Parties.b. (28) If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of these Terms shall have full force and effect and the validity or enforceability of that remainder in any other jurisdiction is not affected.c. (29) If a Party elects not to exercise any of its rights arising as a result of any breach of these Terms, any such election shall not constitute a waiver of any rights of that Party relating to any other breach or any subsequent breach.d. (30) You may not assign, transfer or novate its rights, interests or obligations under these Terms, without the prior written consent of Adamson, which may be refused in the sole discretion of Adamson. Adamson may, in its sole direction, assign, transfer, or novate its rights, interests and obligations under these Terms to a third party which is a related party of Adamson or is a purchaser in connection with the sale of all or part of the business by Adamson without obtaining your consent.