NORTH TO SOUTH ELECTRICAL AND AIR CONDITIONING PTY LTD
ABN: 16 680 634 333
Director: Kaleb Maider
Address: PO Box 105, Woodside SA 5244
Email: admin@northtosouthelectrical.com
Terms & Conditions of Trade
These Terms & Conditions apply to all Works carried out by North to South Electrical and Air Conditioning PTY LTD (“Contractor”).
1. Definitions
1.1 Contractor means North to South Electrical and Air Conditioning, including its employees, agents, and subcontractors.
1.2 Customer means the person or entity engaging the Contractor to perform the Works.
1.3 Works / Services means all electrical and air conditioning labour, installation, maintenance, repair, diagnostics, fault finding, design, programming, commissioning, supply of Goods, and associated services provided by the Contractor.
1.4 Quote means any written quotation, proposal, estimate, or scope of works issued by the Contractor.
1.5 Invoice means a tax invoice issued by the Contractor for Works performed or Goods supplied.
1.6 Site means the Customer’s premises or any location where the Works are performed.
1.7 Goods means all materials, parts, fittings, equipment, components, and items supplied by the Contractor.
2. General Conditions & Acceptance
2.1 These Terms & Conditions apply to all Works supplied by the Contractor and override any terms proposed by the Customer, unless expressly agreed in writing prior to acceptance.
2.2 Acceptance of a Quote, payment of any deposit, provision of written or verbal instructions to proceed, or permitting the Contractor to commence Works constitutes full and unconditional acceptance of these Terms.
2.3 These Terms apply to all current and future dealings between the Contractor and the Customer unless amended in writing by the Contractor.
2.4 Quotes are valid for 30 days from issue unless otherwise stated and may be withdrawn by the Contractor at any time prior to written acceptance.
3. Quotes, Scope & Exclusions
3.1 Quotes are based on the scope of Works expressly described and on visible and known Site conditions at the time of quoting.
3.2 Quotes expressly exclude:
Fault finding, diagnostics, or investigation of existing electrical faults outside the stated scope
Upgrading, repairing, or rewiring of non-compliant, unsafe, or defective existing electrical installations unless specifically included
Any Works not expressly detailed in the Quote
3.3 The Customer acknowledges that existing electrical installations may not comply with current standards. Any rectification required will be treated as a variation and charged accordingly.
3.4 Estimates provided verbally or for fault finding are indicative only and may change once Works commence.
4. Timing, Access & Site Requirements
4.1 Works will be scheduled following Customer acceptance of the Quote and receipt of any required deposit.
4.2 The Customer must provide clear, safe, and unrestricted access to all areas required for the Works during normal working hours (Monday–Friday, 7:00am–4:00pm).
4.3 The Customer must ensure the Site provides suitable amenities, lighting, power supply, and safe working conditions at no cost to the Contractor.
4.4 If restricted access, unsafe conditions, other trades, or Customer actions result in delays, return visits, or after-hours work, additional charges may apply and will be treated as variations.
4.5 The Contractor reserves the right to reschedule Works due to adverse weather conditions, safety concerns, supply delays, or circumstances beyond reasonable control.
4.6 The Contractor is not liable for delays caused by weather, supply chain disruptions, statutory authorities, industrial action, legislative changes, or force majeure events.
5. Variations
5.1 Any instruction, request, or circumstance that alters the scope, materials, timing, access, or conditions of the original Quote constitutes a variation.
5.2 Variations may arise due to:
Customer requests
Inaccurate, incomplete, or misleading information
Concealed, unforeseen, or unsafe Site conditions
Discovery of non-compliant or hazardous electrical work
5.3 Variations will be charged at the Contractor’s standard rates or via a revised Quote.
5.4 Where necessary for safety or compliance, the Contractor is authorised to carry out variations immediately and invoice accordingly.
6. Payments
6.1 Deposits & Progress Payments
a. A deposit is required for all Quotes exceeding $2,000, unless otherwise agreed in writing.
b. Progress payments apply to Works exceeding $10,000 and must be paid at stages determined by the Contractor.
c. The Contractor may suspend Works without liability if deposits or progress payments are not received when due.
6.2 Invoicing & Payment Terms
a. Payment is due within 7 days of the Invoice date unless otherwise agreed in writing.
b. Accepted payment methods include EFT, credit card (merchant fees may apply), or methods listed on the Invoice.
c. The Contractor may withhold compliance certificates, warranties, or documentation until payment is received in full.
6.3 Overdue Payments & Enforcement
If payment is not received by the due date:
A late fee of 5% per week may be applied
Interest may compound monthly at the Contractor’s discretion
Works may be suspended and future services refused
All outstanding amounts become immediately payable
The Contractor may recover all legal, administrative, and debt-collection costs
Title to Goods does not pass and Goods must be returned upon demand
The Contractor may enter any premises controlled by the Customer to repossess unpaid Goods
7. Risk & Title
7.1 Risk in Goods passes to the Customer upon delivery to Site or installation, whichever occurs first.
7.2 Title to all Goods remains with the Contractor until full and final payment has been received.
8. Customer - Supplied Materials & Existing Installations
8.1 No warranty is provided for Customer-supplied materials, fittings, or equipment.
8.2 The Contractor is not liable for defects, failures, or incompatibility relating to existing installations or Customer-supplied Goods.
8.3 Any additional labour required due to such issues will be charged as a variation.
9. Warranties & Limitation Of Liability
9.1 The Contractor provides a 12 month workmanship warranty unless otherwise stated in writing.
9.2 Goods are supplied subject only to manufacturer warranties.
9.3 The Customer must notify the Contractor of any defects within 7 days of completion, failing which the Works will be deemed accepted.
9.4 Warranty is void where Works are altered, misused, poorly maintained, or interfered with by third parties.
9.5 To the fullest extent permitted by law, the Contractor is not liable for indirect, consequential, or economic loss, including loss of profit, business interruption, or delay.
9.6 Under the Australian Consumer Law, the Contractor’s liability is limited (at its option) to:
Re-performing the Works
Repairing the defect
Refunding the defective portion of the Works
10. Cancellation & Postponement
10.1 Cancellations or postponements with less than 24 hours notice may incur cancellation fees, recovery of costs, or forfeiture of deposit.
10.2 The Contractor is not liable for delays caused by Customer actions, access issues, weather, or unforeseen conditions.
11. Defult, Insolvency & Credit
11.1 If the Customer becomes insolvent, bankrupt, enters administration, or fails to pay when due, all outstanding amounts become immediately payable.
11.2 The Contractor may suspend or terminate Works until payment is received.
11.3 Credit accounts require prior written approval by the Contractor.
12. Intellectual Property
12.1 All intellectual property, including designs, drawings, schematics, software, programs, documentation, and digital files, remains the property of the Contractor unless agreed otherwise in writing.
12.2 The Customer is granted a non-exclusive licence to use such intellectual property solely for operation of the installed system.
13. Force Majeure
13.1 The Contractor is not liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, extreme weather, pandemics, war, civil unrest, industrial action, or supply chain disruption.
14. Severability
14.1 Any provision found unenforceable will be read down or severed without affecting the validity of the remaining Terms.
15. Governing Law
15.1 These Terms are governed by the laws of South Australia.
15.2 The parties submit to the exclusive jurisdiction of South Australian courts.