Quotation Terms and Conditions

LAW

1.1. This document and any agreement made between Prolink Trade Group Pty Ltd (Prolink Trade Group) ABN 39 682 352 441 and the Customer is governed under the law of the State of Victoria.

The work shall be performed in accordance with the requirements of the Electrical Safety Act 1998, the Electrical Safety (Installations) Regulations 2009, the Wiring Rules AS/NZS 3000:2007 and the Service and Installation Rules (VIC).

VALIDITY

2.1. This Quotation is open for acceptance for a period of 30 calendar days from the date of Quotation.

Prolink Trade Group may, at their option extend this period by notification to the customer.

ESTABLISHMENT OF CONTRACTUAL AGREEMENT

3.1. No contractual obligations shall arise until Prolink Trade Group has received from the Customer written confirmation accepting this Quotation.

3.2. Prior to occurrence of 3.1 Prolink Trade Group may revise or withdraw this quotation without incurring any liability.

3.3. Any variation or amendments to the Quotation by the Customer must be expressed in writing to Prolink Trade Group, and shall not bind Prolink Trade Group, unless Prolink Trade Group agrees to the provision of further work in respect of the variation or amendment made by the Customer.

3.4. In the event that a Customer provides a written Order to Prolink Trade Group, such Order is subject to these terms and conditions and any further terms and conditions which have been agreed by both parties to be included as the terms and conditions of the Quotation.

CONTRACTOR’S WARRANTY

4.1. Prolink Trade Group warrants that the completed work will be reasonably fit for the purpose use for which it is intended, provided the purpose is specified herein or is obvious by reason of the nature of work. If any defects or defaults are discovered in the workmanship of Prolink Trade Group, the Customer may within 12 calendar months from the date of practical completion give Prolink Trade Group notice in writing whereupon Prolink Trade Group shall repair any such proven defects or faults.

4.2. Prolink Trade Group does not warrant the performance or quality of any appliances supplied or installed by Prolink Trade Group. It is the Customer’s responsibility to ensure that Warranty Cards or other registration requirements of the Manufacturer of any appliances supplied or installed by Prolink Trade Group are complied with.

ACCOUNT TYPES AND PAYMENTS

5.1. Prolink Trade Group has four types of payment options associating to different accounts:

5.1.1. Progress Payments see clause 5.2;

5.1.2. Account Customers see clause 5.3;

5.1.3. Contracted Work see clause 5.4;

5.1.4. Non-Account Customers see 5.5;

5.2. For progress payments the Customer shall pay Prolink Trade Group the Deposit stated in the Schedule upon the signing or acceptance of Quotation.

5.2.1. Prolink Trade Group shall submit to the Customer progress claims for each stage which shall consist of:

5.2.1.1. The percentage of the Contract Sum applicable to that stage as stated in the Schedule: and

5.2.1.2. Any other amounts then payable to Prolink Trade Group in respect of variations issued pursuant to clause 7.

5.2.2. The Customer shall pay Prolink Trade Group in accordance with the progress claims supplied by Prolink Trade Group, and are to be paid within 7 calendar days of submission of the progress claim by Prolink Trade Group.

5.2.3. Should the Customer neglect or refuse to pay the amount of any progress payment by the due date Prolink Trade Group may, at its option, with or without notice to the Customer, suspend work until full payment is made.

5.3. For Customers who have an account with Prolink Trade Group, they are to pay the invoice within 14 calendar days as stated in the schedule.

5.4. For contracted works Prolink Trade Group shall issue monthly invoices as stated in the schedule.

5.4.1. The Customer has 14 calendar days from the date of invoice to pay or Prolink Trade Group may, at its option, with or without notice to the Customer, suspend work until full payment is made.

5.5. For Non-Account Customers payment is due and payable immediately after work has been completed.

5.6. Any customer who neglects or fails to make payment within the guidelines above relevant to their account type shall be charged 2% of the outstanding amount per month until full payment has been made.

5.7. Prolink Trade Group only accepts payment in the form of:

5.7.1. Direct Debit;

5.7.2. Cash;

5.7.3. Credit Card via Stripe; or

5.7.4. Cheque.

5.8 “In the event where your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.”

INCREASED COSTS

6.1. If after 30 calendar days from the Customer’s acceptance of this Quotation, Prolink Trade Group costs in connection to this agreement are increased as a result of any factors including but not limited to variations in cost of labour, materials, employer’s liability, freight, insurance, third party insurance, GST and other taxes, customs or excise duties or any levy of any new or additional tax the customer shall pay the amount of such increases.

VARIATIONS

7.1. Any variation to this Agreement shall be notified in writing by the customer setting forth the details of such changes and the value thereof shall be added or deducted from the contract sum as the case may be.

7.2. Where there is an agreed variation to the scope of works, a variation document will be generated by Prolink Trade Group which will describe the variation, estimate any delay, state the change in contract price or how the change in price is to be calculated and make appropriate provision for payment.

EXCEPTED RISKS

8.1. Prolink Trade Group shall not be liable for delay or failure to fulfil any of its obligations resulting directly from the following events:

• any negligent act or omission of the Customer, its employees and/or agents;
• any events occurring on, before or after the date of completion for the works which are beyond the reasonable control of Prolink Trade Group including but not limited to industrial conditions,
• inclement weather, shortage of suitable materials or parts, labour or transportation affecting Prolink Trade Group, its suppliers or any other person;
• Latent conditions;
• Delays in approval of variations directed by the Customer;
• Changes in the Law; or
• Directions or delays by municipal, public or statutory authorities.

RISK AND OWNERSHIP

9.1. Risk of loss, damage or destruction to the materials and equipment or any part thereof shall pass to the Customer on installation.

9.2. Ownership of materials and equipment shall remain with Prolink Trade Group, until payment of the full contract sum and any other monies due to Prolink Trade Group under this agreement.

9.3. The Customer authorises Prolink Trade Group to enter the Customer’s premises at any time to retake possession of the materials and equipment and to dispose of the equipment to recover costs if the Customer breaches this Agreement.

ACCESS

10.1. Prolink Trade Group Quotation is based on a continuous work program, unless otherwise stated. If the Customer causes the Works to be delayed or delays are caused by any of the events in paragraph 8.1 herein, then such extensions of time to the date for practical completion shall be granted.

10.2. Where Prolink Trade Group has been granted an extension of time under this clause, the Customer shall pay Prolink Trade Group such extra costs as are incurred by Prolink Trade Group by reason of the delay.

PRACTICAL COMPLETION

11.1. Prolink Trade Group shall practically complete the Works in accordance with this Agreement on or before the date agreed upon by Prolink Trade Group and the Customer.

11.2. When, in the opinion of Prolink Trade Group, the works are practically complete, Prolink Trade Group may give the Customer notice thereof. Within five calendar days after receipt of such notice, the Customer, if not satisfied that the Works are practically complete, shall give to Prolink Trade Group written notice of those matters which the Customer requires to be done for practical completion. If the Customer does not respond by written notice within the required time, then the Works shall be deemed to be practically complete.

11.3. If, in the absence of written agreement between Prolink Trade Group and the Customer, the Customer takes possession of and/or uses the Works or any part thereof prior to the date of practical completion pursuant of this condition, the Works shall be deemed to have been practically completed on the date of commencement of such possession and/or occupancy and/or use.

11.4. The date of practical completion shall be the date for commencement of the defects liability period.

WORKING HOURS

12.1. All work will be done during normal working hours (7:00am-4:00pm Monday to Friday) unless otherwise stated and any work required to be done outside of the nominated hours will be chargeable at award penalty rates as applicable.

DAMAGES

13.1. The rights of the Customer to consequential, liquidated or pre-ascertained damages are expressly excluded from this Agreement.

DISPUTE RESOLUTION

14.1. Any dispute between the Customer and Prolink Trade Group arising under, or in connection with, this Agreement and which requires proceedings for resolution shall be referred to National Electrical Communications’ Association for referral of the dispute for conciliation.

What happens if they are not happy with the service after is it completed?

Repair/replacement or refund does not apply if you simply change your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it. Please email admin@mccartneyelectrical.com.au with the following details in the event you are unhappy with the service provided by Prolink Trade Group Pty Ltd and your complaint will be investigated within 7 days: Date of service, client name, client address, client phone & email number, Job number or invoice number if known, Details of complaint.

Full refunds will be offered for services with major faults/defects as per Australian Consumer Law. If the product is found to have a major defect or fault, it will be replaced with a product that is identical to the one originally supplied or a full refund supplied equivalent to the original amount paid, less the labour component.

Please note: the length of time the product has been in your possession, how it was used, it’s expected life/usage span and the type of product, together with the manufacturer’s warranty will all be taken into account if a refund is requested.

What are the steps someone must follow for the above?

For repair, replacement and refund requests please email admin@prolinktradegroup.com.au

Date of service, client name, client address, client phone & email number, Job number or invoice number if known, Description of issue

NOTICES

15.1. Any notice under this Agreement shall be given in writing and delivered to the other party by hand, or alternatively by prepaid post to the address stated in this Agreement or to such other addresses the party to whom the notice is given may thereafter have notified. Any such notice shall be deemed to have been received two calendar days after the date of posting