Terms and Conditions
1. Explanatory Note
1.1 This page defines the terms and conditions under which all products and services are delivered by Aussie Cabling. Aussie Cabling has recently changed trading names from Aussie Home Networks, so any referral to Aussie Cabling or Aussie Home Networks in these Terms and Conditions, or on our website, advertising, uniforms and / or documents, either printed or electronic, are taken as interchangeable and therefore as referring to the same.
2. Definitions
2.1 'Client', 'Customer', 'You' and 'Your' refers to you the person accessing this website or contacting Aussie Cabling. 'The Company', 'Us', 'We', 'Ourselves' and 'AC' refers to Aussie Cabling. 'Party' and 'Parties' refers to both the Client and Ourselves.
2.2 Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
2.3 'ACL' refers to Australian Consumer Law.
3. Confidentiality
3.1 All terms and conditions pertaining to client information and confidentiality is set forth in the Aussie Cabling Privacy Policy. Please refer to the Privacy Policy for details.
4. Authorisation
4.1 By contacting Aussie Cabling and requesting one or more of our products and / or services, the Customer is giving consent and acceptance of these terms and conditions.
5. Appointments
5.1 By making an appointment for Aussie Cabling to attend the Customer's premises, the Customer is agreeing to pay the applicable Call Out Fee and any subsequent supply, installation and/or labour fee accrued during and/or as a consequence of that appointment.
5.2 The Customer may contact Aussie Cabling during normal advertised business hours to cancel, postpone or reschedule appointments up until 90 minutes prior to the scheduled appointment time, without penalty. The Customer cancelling, postponing or rescheduling an appointment within less than 90 minutes of the appointment start time, will result in the Customer being billed the applicable Call Out Fee for the appointment.
5.3 Aussie Cabling does not warrant or guarantee that we can or will arrive exactly on time for appointments. All appointments are an estimated arrival time only.
5.4 Aussie Cabling endeavours to arrive on time and will contact the Customer, or the Customers' Representative to notify them if we know we are going to be more than 30 minutes early or late for an appointment.
5.5 If Aussie Cabling fails to notify, or attempt to notify the Customer or the Customers' Representative that we will be more than 30 minutes late for an appointment, prior to being 15 minutes late for the appointment, Aussie Cabling will provide the first 30 minutes of labour during that appointment at no charge, or reschedule the appointment at no charge, whichever is requested by the Customer.
5.6 If Aussie Cabling fails to notify, or attempt to notify the Customer or the Customers' Representative that we will be more than 90 minutes late for an appointment, Aussie Cabling will provide the first 30 minutes of labour during that appointment at no charge, or reschedule the appointment at no charge, whichever is requested by the Customer.
6. Subcontractors
6.1 Aussie Cabling reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to these terms and conditions
7. Parking Fees, Infringements and Commercial O.H.S. Requirements
7.1 Aussie Cabling requests that when Customers invite us to their home / office / work site in order to quote or complete work, they endeavour to make parking available for our vehicle(s) as close as is practicable to the location where we are going to be working.
7.2 Where no parking is made available and we are required to use paid parking, we reserve the right to pass that parking fee on to the Customer in our Invoice or as a variation to any Quoted works.
7.3 If Aussie Cabling is advised by the Customer or the Customers' representative, to park in a specific manner or location and our vehicle is subsequently issued with a parking infringement notice, the value of the infringement notice will be charged to the Customer in our Invoice or as a variation to any Quoted works.
7.4 Where no parking is made available and significant additional time is spent transporting tools and equipment between our Vehicle(s) and the work site, Aussie Cabling reserves the right to charge this additional time to the Customer in our Invoice or as a variation to any Quoted works.
7.5 Aussie Cabling will comply with any and all of a Customers' work site specific Occupational Health and Safety rules and / or regulations, however any time spent preparing requested pre-start administrative paperwork, such as Job Safety Analysis documents, Safe Work Method Statement documents or other such similar documents, including but not limited to, the completing of online inductions and site inductions is consider time spent working for the Customer and will be charged to the Customer in our Invoice or as a variation to any Quoted works.
8. Quoting
8.1 All quoted prices are inclusive of supply cost as well as labour fees based upon our best estimate of expected installation time. These prices will not be changed irrespective of the actual time taken to complete the installation, unless it becomes obvious that the time needed is significantly different from the estimated time and a change in the quoted price is agreed to by both the Customer and Aussie Cabling.
8.2 Additional charges may occur if during the performance of the quoted duties Aussie Cabling discovers problems which were not immediately apparent in the first instance and additional configuration, diagnostic, supply and / or installation work is required to be conducted which was not specifically included in the quote.
8.3 Circumstances may also be discovered which prevents work from being completed as quoted and the Client agrees to pay in accordance with Aussie Cabling's prevailing costs, rates and charges at the time of the quote for any alternative configuration, diagnostic, supply and / or installation work needing to be done to complete the quoted work.
8.4 Aussie Cabling is unable to provide a fixed fee quote for all types of diagnostic and / or installation work where we are unable to estimate the amount of time required to complete that work. In these situations, the Customer agrees to pay in accordance with Aussie Cabling's prevailing costs, rates and charges at the time of the work.
8.5 For all work quoted at over $1000, Aussie Cabling requires a 30% deposit to be paid before specific items will be ordered and an installation date confirmed.
8.6 For all new residential and commercial building developments and / or any other installations works expected to take longer than one month from start until completion, Aussie Cabling requires an additional 30% progress payment to be made, with the due date for the additional progress payment to be determined and agreed to by both the Customer and Aussie Cabling prior to commencement of the works .
8.7 Payment of the balance is required upon completion as per our Invoicing and Payment terms (see Section 9).
8.8 All Quotes are valid for 30 days.
9. Invoicing and Payment
9.1 Payment is requested immediately upon completion. Payment is due within 7 days of completion of any configuration, diagnostic, supply and / or installation work, via cash, credit card or bank transfer, unless alternative payment arrangements have been requested and agreed to by Aussie Cabling prior to the commencement of the configuration, diagnostic, supply and / or installation work. Business customers may request alternative payment terms prior to the commencement of any configuration, diagnostic, supply and / or installation work. The issuing of alternative payment terms is solely at the discretion of Aussie Cabling and may incur additional fees.
9.2 Non-payment of any outstanding amount, more than 7 days after the due date will result in a late payment administration fee of $20 being added. An additional $20 late payment administration fee will be added for each additional 14 day period and subsequent reminder notice that is sent whilst any amount remains outstanding. Interest will also be charged on any outstanding balance and late payment administration fees, at 18% per annum, whilst they remain unpaid.
9.3 The Customer is not entitled to any retention or otherwise retain any amount due to Aussie Cabling. All payments are to be made without deduction or equitable or other off set whatsoever.
9.4 Until Aussie Cabling has been paid in full for all goods supplied or installed by us, Aussie Cabling remains the owner of these goods. At all times, the Customer will allow Aussie Cabling access to the premises occupied by the Customer during normal business hours and to the goods in order to inspect the goods and retake possession of the goods at any time prior to payment in full of the price payable for all goods supplied by Aussie Cabling to the Customer, including installation fees and for any other monies payable by the Customer to Aussie Cabling.
9.5 The Customer indemnifies Aussie Cabling for any liability or loss it suffers seeking to exercise its rights of access and retaking possession.
9.6 The commissioning of work by Aussie Cabling without the desire or capacity to immediately pay for such work is considered to be a fraudulent act. As such any amount remaining outstanding for more than 28 days will result in the commencement of legal proceedings to recover this amount plus costs.
10. Errors and Misprints
10.1 Errors and misprints in computation, typing, quantities or otherwise in Aussie Cabling's documents including quotations, price lists, job sheets, invoices or statements or credit notes shall be subject to correction by Aussie Cabling by means of reissue of the document or by adjusting dockets with reference to the original transaction.
11. Warranties, Representations and Limitation of Liability
11.1 In relation to transactions that are covered by the ACL:
11.1.1 Aussie Cabling's Work and Materials come with guarantees that cannot be excluded under the ACL.
11.1.2 The Client is entitled to a replacement or refund for a major failure and compensation
for any other reasonably foreseeable loss or damage. The Client is also entitled to have the Materials resupplied or replaced if the Materials fail to be of
acceptable quality and the failure does not amount to a major failure.
11.1.3 The Client is entitled to have the Work provided again or have any defects remedied if the original Work is not provided in a proper and workmanlike
manner. The Client is entitled to a refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
11.1.4 In addition to other rights and remedies of the Client under the ACL:
11.1.4.1 Aussie Cabling warrants its Work for a period of 3 years and Materials for the period of the manufacturers warranty;
11.1.4.2 the Client must seek a remedy under this warranty in writing to Aussie Cabling within 5 business days of the fault becoming apparent; and
11.1.4.3 the Client may not seek a remedy under this warranty and no warranty exists over any Work and / or Materials until the Work and / or Materials
have been paid for in full.
11.1.4.3 each party shall be responsible for its own costs associated with making a claim.
11.1.5 Where the transaction is for the supply of Work or Materials or other than of a kind ordinarily acquired for personal, domestic or household use
or consumption, i.e. a supply for business purposes, Aussie Cabling's liability is limited:
11.1.5.1 in the case of Work - to any one or both of the following at the option of Aussie Cabling: the supplying of the Work again; the payment of the
cost of having the Work supplied again; and
11.1.5.2 in the case of Materials - to any one or more of the following at the option of Aussie Cabling: the replacement of the Materials or the supply
of equivalent Materials; the repair of the Materials; the payment of the cost of replacing the Materials or of acquiring equivalent Materials; or the payment
of the cost of having the Materials repaired.
11.2 In relation to transactions that are not covered by the ACL:
11.2.1 Aussie Cabling does not give, and no person purporting to act with the authority of Aussie Cabling has given, any condition, warranty or representation
whatsoever in favour of the Client as to the condition or quality of the Supply.
11.2.2 Aussie Cabling's liability to the Client is also limited to the value of this agreement in
relation to compensation paid to the Client and Aussie Cabling will not be liable for, and the Client releases and discharges Aussie Cabling from, any loss or damage whatsoever
and whenever caused to the Client or its agents or employees, in relation to failure to comply with the Guidelines, special, indirect or consequential damages, loss of profit,
goodwill, revenue or loss of anticipated saving or loss, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay,
financial loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the Work and/or Materials or any accident to or involving the
Work and/or Materials (whether occasioned by the negligence of Aussie Cabling or otherwise) or which may otherwise be suffered or sustained as a result of the Work and/or
Materials or as a result of a breach of the terms of this Agreement by it or as a result of a breach of duty of care or negligence arising at law.
11.2.3 Aussie Cabling undertakes all works in good faith, with suitably trained and qualified installers and Aussie Cabling will
not be liable for, and the Client releases and discharges Aussie Cabling from, any loss or damage whatsoever and whenever caused to the Client or its agents or employees,
in relation to any damage to the Client's property, if determined that any suitably trained and qualified installer could not have foreseen and / or avoided that damage,
or if determined that the damage occurred as a result of, or substantially as a result of faulty, incorrect or sub-standard construction materials, or faulty, incorrect
or sub-standard construction practices used by others prior to the property becoming damaged, which contributed to the property becoming damaged.
11.2.4 The Client takes full responsibility for:
11.2.4.1 determining that the Materials are suitable for the purposes for which the Materials are required; and
11.2.4.2 carefully examining the Materials for defects that a careful examination ought to reveal.
12. Copyright Notice
12.1 Copyright and other relevant intellectual property rights exists on all text / images relating to Aussie Cabling's products and services and the full content of this website.
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