M.A.S.S. Electrics – Trading Terms and Conditions
1. Definitions
“M.A.S.S. Electrics” refers to the business entity providing electrical services. “Client” refers to the person or entity engaging M.A.S.S. Electrics for services.
2. Services
M.A.S.S. Electrics agrees to provide electrical services as outlined in any quotations, work orders, or service agreements. Any additional work not specified must be agreed upon in writing and may incur additional charges.
3. Quotes and Pricing
All quotes are valid for 30 days unless otherwise stated. Pricing is subject to change due to unforeseen circumstances, such as changes in material requirements or scope of work.
4. Payment Terms
Invoices are payable within 30 days from the date of issue unless otherwise agreed. Late payments may incur an administration fee of $50 per overdue invoice and interest of 1% per month. Upon commencement of work, these trading terms will automatically apply.
5. Late Payment & Debt Recovery
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If payment is not received within 30 days, a reminder notice will be issued.
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If payment is outstanding beyond 45 days, a second notice and additional late fee may be applied.
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If payment remains unpaid beyond 60 days, M.A.S.S. Electrics reserves the right to engage a debt recovery agency or pursue legal action at the Client’s expense. The Client agrees to pay all reasonable costs associated with debt recovery, including agency fees and legal expenses.
6. Deposits & Milestone Payments
M.A.S.S. Electrics may require a deposit upfront before commencing work or progress payments for larger projects. Failure to make required payments may result in work suspension.
7. Retention of Ownership
Until full payment is received, any electrical components or materials supplied remain the property of M.A.S.S. Electrics.
8. Right to Suspend Services
M.A.S.S. Electrics reserves the right to suspend ongoing work if invoices remain unpaid beyond 30 days.
9. Limitation of Liability
M.A.S.S. Electrics is not liable for indirect, incidental, or consequential damages resulting from electrical work, unless due to proven negligence.
Furthermore, M.A.S.S. Electrics shall not be held responsible for any damage, faults, or malfunctions caused by:
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Other contractors performing work that affects previously completed electrical installations.
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Clients tampering with or modifying electrical components after completion.
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Failure to follow provided safety instructions or maintenance guidelines after work has been completed.
Any remedial work required due to third-party interference or client modifications will be treated as new work, subject to additional fees and separate agreements.
10. Force Majeure
M.A.S.S. Electrics shall not be liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to:
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Natural disasters (e.g., floods, bushfires, earthquakes, storms)
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Government actions or regulatory changes
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Supply chain disruptions, material shortages, or supplier insolvency
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Pandemics, epidemics, or other public health emergencies
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Industrial strikes or labor shortages
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Acts of terrorism or war
In such cases, M.A.S.S. Electrics reserves the right to suspend, delay, or modify the scope of services without penalty. If a Force Majeure event significantly impacts project timelines, alternative arrangements may be negotiated in good faith between both parties.
11. Variations & Additional Work
Any changes to the scope of work must be agreed upon in writing and may incur additional charges.
12. Access & Site Conditions
Clients must provide safe and reasonable access to the worksite. If conditions are unsafe, M.A.S.S. Electrics reserves the right to refuse service or charge additional fees for delays.
13. Intellectual Property & Confidentiality
Any electrical designs, plans, or proprietary solutions remain the intellectual property of M.A.S.S. Electrics, unless explicitly transferred in writing.
14. Dispute Resolution
In the event of a dispute, both parties agree to attempt mediation before pursuing legal action, to ensure a fair resolution.
15. Compliance with Laws & Regulations
All services will be performed in accordance with Australian Standards, OH&S regulations, and local council requirements.
16. Termination Rights
Either party may terminate the agreement with reasonable notice, provided all outstanding payments are settled. M.A.S.S. Electrics reserves the right to terminate services immediately in cases of non-payment, breach of contract, or unsafe working conditions.
17. Governing Law
These terms are governed by the laws of Victoria, Australia.