Deadshort Services Terms and Conditions
- In these terms and conditions “we”, “our” and “us” means Deadshort Electrical Pty Ltd, trading as Deadshort Services.
- Customer means the Customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation or other form as provided by us to the Customer.
- In these terms and conditions reference to a person includes a corporation, and the singular includes the plural and vice versa.
- If more than one, the persons comprising the Customer shall be jointly and severally bound by these terms and conditions.
- “Australian Consumer Law” means the Competition and Consumer Act 2010 (Cth).
- The following forms of payment are accepted: cash, cheque or direct deposit.
- In our absolute discretion and only upon prior written agreement, payment can be made by Visa or MasterCard in which case a surcharge of 3% may apply to such credit card payments.
- All payments to be by Australian Dollars unless stated otherwise.
- Cheque payments will be subject to clearance from our bank and the customer will pay all dishonour fees.
- The Customer is not entitled to any retention or to otherwise retain any amount due to us. All payments are to be made without deduction, equitable or other set off whatsoever.
- If ordered products are to be delivered to an installation site the Customer assumes responsibility for the materials at the time of delivery, regardless of whether the Customer (or the Customer’s representative) is on site to acknowledge receipt of delivery or not.
- All refunds and returns are subject to the Australian Consumer Law.
- Credit for returned goods will be in the form of company credit or refund at our discretion.
- Goods supplied by us that are deemed to be faulty by us within thirty (30) days of the date of invoice may be returned to us for exchange, credit or refund.
- We shall be entitled to an extension of time, our reasonable delay costs (if any) and reimbursed of all costs arising out of any unforeseen site conditions not obvious to us upon a reasonable inspection of the site at the time of tender and/or quotation.
- We shall be entitled to an extension of time and our reasonable costs for delay if, we are through no fault of our own delayed by others.
- The Customer shall be entitled to direct that we undertake a variation. Any such direction shall be in writing. If we suffer a delay as a result of the variation, then the Customer will grant us an extension of time, reimburse us for our reasonable delay costs and the contract price and/or quotation amount shall be adjusted by the cost of the variation.
- Whilst the risk in the goods passes to the Customer on delivery, we retain ownership of the products delivered to the Customer until we have received payment in full for all amounts owing by the Customer.
- The Customer acknowledges that:
- Until we receive payment in full for all amounts owing, we reserve the following rights:
- the legal and equitable ownership of the Goods;
- the right to enter upon the Customer’s premises and retake possession of the Goods;
- the right to keep or resell any Goods repossessed under clause 19.a(ii); and
- any other rights we may have under the PPSA or the general law.
- Until we receive payment in full for all amounts owing, the Customer acknowledges that we have a Purchase Money Security Interest which attaches over the Goods and their Proceeds and a Security Interest which attaches over the goods and their proceeds in relation to other amounts owed by the Customer to us.
- The Customer undertakes to do anything (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed) which we ask and consider necessary for the purposes of:
- ensuring that a Purchase Money Security Interest and/or Security Interest is enforceable, perfected and otherwise effective;
- enabling us to apply for any registration, or give any notification, in connection with a Purchase Money Security Interest and/or Security Interest created under this agreement so that the Purchase Money Security Interest and/or Security Interest has the priority required by us.
- To the extent permitted by law, the Customer irrevocably waives its right to:
- receive notices or statements under sections 95, 121(4), 125, 130, 132(3)(d), 132(4) and 135 of the PPSA;
- redeem the Goods under section 142 of the PPSA;
- reinstate the agreement under section 143 of the PPSA;
- receive a Verification Statement;
- Until title in the Goods passes to the Customer, and without prejudice to our rights under the PPSA:
- the Customer may use the Goods in other products or items on condition that the products or items (“Products”) will be our property as a security for full payment for the Goods;
- until the Customer uses or sells the Goods or Products, the Customer must store the Goods separately so that they are clearly identifiable as our property;
- the Customer may fix the Goods or Products into the articles of any other person on condition that the resulting item is owned in common by us and that other person;
- the Customer may sell the Goods or the Products in the ordinary course of its business on the following conditions:
- the Customer makes the sale as agent and bailee of us;
- any proceeds of sale received by the Customer are held by the Customer on trust for us to the extent that the proceeds of sale relate to the Goods which are incorporated into the products or items;
- the Customer must keep our portion of the proceeds of sale separately and so that they are clearly identifiable as ours;
- if the Customer has not received the proceeds of sale, it will, if we require, transfer to us the rights in respect of the sale price.
- Nothing in this clause 19 prevents us from taking collection or legal action against the Customer to recover any amounts outstanding from time to time
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- You agree that our liability to you for any breach of any implied terms may, subject to the Australian Consumer Law be limited to the replacement, or repair or payment of the cost of replacement or repair of the relevant goods.
- All goods and services supplied by us have the benefit of any warranty given by the manufacturer of those goods. However, subject to the Australian Consumer Law, we will not be liable for any damage, direct or consequential, arising out of any faults or defects including, but not limited to, those caused by:
- External causes including natural disaster, fire, neglect, misuse or vandalism;
- The use of the goods for other than its intended purpose;
- The use with or connection of the goods to item/s not approved by us;
- Any reconfiguration by the Customer.
- Except when incorrectly supplied, the Customer will be responsible for payment of any return freight charges.
- You acknowledge that (at our option):
- Goods repaired may be replaced by refurbished goods of the same type rather than being repaired.
- Refurbished parts may be used to repair goods.
- We shall not be liable for any damage to materials or the works caused by the customer or third parties and shall not be required to indemnify any party for any damage caused by others.
- We will not be liable for any delays caused by others.
- We will not be liable for any consequential or indirect losses.
- We shall be entitled to an extension of time, our reasonable delay costs and any other additional costs incurred by us as a consequence of the presence of asbestos or any other toxic substance at the site.
- The Customer shall reimburse us for any and all costs and charges levied by any statutory or other authority with respect to the works.
- 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.
- Any previous dealings shall not affect these terms and conditions or be deemed to do so nor will any term or condition set out in your terms and conditions or order form or other documentation.
- The laws of South Australia govern these terms and conditions and any legal action relating to them shall be brought in the South Australian Courts.
- Each transaction is to be on the above terms and conditions. However, we may change the above terms and conditions and upon written notice to you, you will be bound by such changed terms and conditions in respect of subsequent transactions. Unless the contrary is proved, such notice shall be deemed served on you two business days after it is posted
- Plumbing – The client acknowledges that the presence of plant or tree root growth and / or other blockages damaged pipe work and there fore where Deadshort Services is requested to merely clear such blockages, Deadshort Services can offer no guarantee against the reoccurrence of further damage without the use of a CCTV inspection camera. In the event of collapse during the pipe clearing process, Deadshort Services will immediately advise the client of the same and shall provide the client with an estimate for the full repair of the damaged pipework.
- In the event that the client requests Deadshort Services to use drain / pipe unblocking equipment and Deadshort Services does not recommend the use of such equipment due to the risk of the equipment becoming lodged or stuck, Deadshort Services may require the client or agent to authorize commencement of the w0rks in writing. If the drain / pipe unblocking equipment subsequently becomes lodged or stuck, the client shall be responsible for the cost of repair / replacement or retrieval of said equipment.
- Underground locations – prior to Deadshort Services commencing any work the client must advise Deadshort Services of the precise location of all underground mains and services on the site and clearly mark the same (including but not limited to any mains / services in wall cavities). The mains / services the client must identify include, but are not limited to, electrical services, sewer services, gas 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 onsite.
- Whilst Deadshort Services will take all care to avoid damage to any services the client agrees to indemnify Deadshort Services 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 the clause above.
- Tiling – Deadshort Services gives no guarantee (expressed or implied) against grazing, cracking, chipping or scratching that may occur that is beyond Deadshort Services control due to the nature of the product at the time of installation therefore it is recommended allows for such breakages.
- Deadshort Services will accept no responsibility for tiles to be affixed to a wall which has been deemed unsuitable due to wall condition. Deadshort Services may require the client or agent to authorize commencement of the w0rks in writing.
- If the client orders an insufficient number of tiles then Deadshort Service’s will take no responsibility for variation of colour in further batches supplied to the client or the inability to supply materials at all.
Hear What Our Customers Have to Say
Installation And Repairs You Can Trust
