Terms and Conditions | Powwa Solutions

STANDARD

TERMS & CONDITIONS:

Unless otherwise agreed to in writing, or in the special conditions below, the Customer agrees to the

Definitions: Estimate- approximate assessment of pricing based upon surmised parameters and maybe

Subject to change. Availability- The period after authorisation of work with regard to other bookings, or at the discretion of Powwa Solutions.

Business Hours- Monday to Friday, & am to 5 pm. Business/ Powwa Solutions – Ocean Powwa Pty Ltd trading as Powwa Solutions Work- all works (including the supply of materials) undertaken by the business as described in this contract, and includes any advice or recommendations. Customer- shall mean the customer or any person acting on behalf of and with the authority of the customer. Materials- Materials required to complete the Works.

Payment Terms: All payments to be finalised by the due date, unless otherwise agreed to by written correspondence. In the case of difficulty in paying, please contact Powwa Solutions to arrange a payment plan/s. Failure to comply will result in further action to be pursed.

Deposits: A deposit may be required on a case-by- case basis. Deposits are to be paid prior to the commencement of any works; non- payment may be considered a cancellation of contract.

Access: Access to the work site is guaranteed by the customer, this includes a clear work area whereby freedom of movement is unimpaired. Failure to comply, resulting in a cancellation/ reschedule of any works (including other clients works), may result in the charge of not less than 1 standard labour hour, nd not more than 25% of the affected contracts. Reduced access may consequentially result in extra charges being applied.

Delivery of Works:

It is the Business’s responsibility to ensure that the Works start as soon as it is reasonably possible.

The Works commencement date will be put back and the building period extended by whatever time is reasonable if the Business claims an extension of time (by giving the Customer written notice) where completion is delayed by an event limited by the Customer to:

Make a selection; or
Have the site ready for the installation; or
Notify the Company that the site is ready.

The Works shall be deemed to be completed when the Works carried out under this contract have been completed in accordance with the plans and specifications set out in this contract; and

The failure of the Business to deliver shall not entitle either party to treat this contract as repudiated.

The Business shall not be liable for any loss or damage whatsoever due to failure by the business to deliver the Works (or any part of them) promptly or at all.

Materials: Powwa Solutions does not guarantee, and Materials supplied by the customer, and reserves the right to refuse to install Materials which may pose a safety risk to the customer.

Unless otherwise stated elsewhere in this contract;

Only suitable ne Materials will be used;
Demolished Materials remain the Customer’s property; and
Materials which the Business brings to the site which are surplus remain the property of the Business.

The Business may (in its discretion) accept the return of Materials for the credit but this may incur a handling fee of ten percent (10%) of the value of the returned Materials plus any freight/ restock charges incurred.

Measurement and Dimensions: The customer is solely responsible for the accuracy of any measurements and/or dimensions provided to Powwa Solutions.

Finished Surfaces: The customer agrees to make good any damage/mess/marks caused to the finish surfaces during the normal course of works.

Variations: Any variation of works required after this Estimate has been signed, must be agreed to in writing and may be subject to extra charges.

Retention of Title: The customer agrees that ownership of any Materials supplied by Powwa Solutions will not be relinquished until all outstanding accounts are settled. The customer agrees that all risk for the Material’s is immediately transferred to the customer.

Defects: The customer shall inspect the Works on delivery and, within thirty (30) days of delivery (time being of the essence), notify the Business if any alleged defect/s, shortage in quantity, damage or failure to comply with the description or quote. The Customer shall afford the business an opportunity to inspect the Work’s within a reasonable time following delivery if the Customer believes the Works are defective in anyway. If the Customer shall fail to comply with these provisions the Works shall be presumed to be free from any defect/s or damage. For defective Works, which the Business has agreed in writing that the Customer is entitled to reject, the Business liability is limited to either (at the Company’s discretion) replacing, repairing or refund the workmanship/ Material in question.

Warranties: Powwa Solutions warrants, subject to the Exclusions and Limitations below, that if any defect in contracted workmanship or supplied Materials becomes apparent and is reported to the Business within twelve (12) months of the date of delivery (time being of the essence) then the Business will either (at the Business’s sole discretion) replace, remedy, or refund the workmanship/ Materials in question.

Exclusions:

The warranty shall not cover any defect or damager which may be caused, or partly caused by, or arise through:

Failure on the part of the Customer to properly maintain any Works; or
Failure on the part of the Customer to follow any instructions or guidelines provided by the business; or
Any use of any Works otherwise than for the normal applications; or
The continued use of any Works after any defect becomes apparent or would have become apparent to a reasonable person; or
Fair wear and tear, any accident or act of God.

The warranty shall cease and the Business is not liable under the terms of warranty if the workmanship/ Materials are repaired, altered or overhauled by anyone other than Powwa Solutions.
In respect of all claims, Powwa Solutions shall not be liable to compensate the Customer for any delay in either replacing, remedying, or refunding the workmanship/ Materials or in properly assessing the Customer’s claim.

Limitations: Powwa Solutions is not responsible for any consequential loss resulting from defective or damaged Materials/ workmanship. Any claims of consequential loss are limited to the value of the contract only.

Powwa Solutions is not liable for any damage that is caused by factors beyond the control of the Business, including, but noy limited to: The Customers own negligence or misuse, unauthorised modifications or repairs, and any damage that is caused by liquid, rust or corrosion.

Cancellations: Powwa Solutions may cancel any contract to which these terms and conditions apply, or cancel delivery of Works, at any time by giving written or verbal notice to the Customer. On giving such notice, if before the commencement of Works, the Business shall repay to the Customer any deposits paid. The Customer agrees that if the Business cancels Works. The Customer shall pay for all the Works and Materials delivered up until the time of cancelation. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.

In the event that the Customer cancels delivery of the Works, or any part of the Works, the Customer may be liable for any loss incurred by the Company (including, but not limited to, any loss of profits) up to the time of cancellation. A “No Show” shall be considered a cancelation.

If the Customer cancels work due to a competitors offer, the customer agrees to pay a $100 + GST cancellation fee.

For the purposes of this agreement, a reschedule will not be considered a cancellation.

Rates: Labour only – Standard domestic/ commercial hourly rates, unless otherwise detailed in Estimate or Special Conditions, are:

During Business hours: 7am – 5pm – standard callout ($50 + GST) and a hourly rates ($145 + GST) apply (minimum 1 Hour charge)

Out of hours 5pm to 7am – Premium call out and hourly rates apply-

For the 1st hour $385 + GST (minimum charge)

Additional hours $200 + GST

In case Materials are required and are unobtainable due to trading hours or any other reason, Powwa Solutions may choose to do a temporary repair to restore power and/or make safe any dangerous conditions. Further work will be carried out when Materials are available.

Entire Agreement: This agreement represents the entire agreement between Customer and the Business. No prior estimates or representations are binding.

MEMBERSHIP

TERMS AND CONDITIONS

* RCD testing does not include fixing the fault if one is present. This would be additional works and is chargeable.

* You may use the 10% discount if parts and works are required, once RCD testing has been completed.

* Testing of RCD will not cover non-compliant works by previous electrical contractors. RCD testing is purely to ensure the functionality of the RCD and is still in working order.

* RCD checks included in membership package are covered from Yanchep in the North to Fremantle in South and Mundaring in the east. ( If you are unsure if you fall in these areas please contact us before purchasing a membership).

* Monthly payments are deducted automatically every month, if card is declined or cancelled and payments are not made then your membership may be subject to cancellation.

* Only the holder of the membership is entitled the 10% discount and this can not be transferred to another party.