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Optimum Electrical & Air Warranty Policy
At Optimum Electrical & Air, we stand by the quality of our services and the products we use. Our warranty policy is designed to give you peace of mind, ensuring that your electrical and air conditioning systems are built to last.
Please note: This warranty is applicable to the original installation and is non-transferable. It does not cover damage or issues caused by misuse, external factors, or work performed by other parties after our service.
Terms & Conditions
Standard Terms and Conditions of Sale & Service for Optimum Electrical & Air
1. Incorporation
These conditions govern every contract for the sale of Goods and/or the provision of Services by Optimum Electrical & Air to the Customer. They constitute all the Terms and Conditions agreed between them to the exclusion of all other Terms and Conditions, excluding the Terms and Conditions outlined in Optimum Electrical & Air’s Terms and Conditions for Credit Account if Credit from Optimum Electrical & Air to the Customer is needed.
No modification to these Conditions, whether put forward in the Customer’s purchase order or otherwise shall bind Optimum Electrical & Air unless agreed to in writing by its authorized employee. All quotes or tenders issued by Optimum Electrical & Air are subject to these Terms and Conditions.
2. Payment
The terms of payment to Optimum Electrical & Air are as follows:
a) for the supply and installation of Air Conditioning units payment is strictly Payment On Completion (POD), (by either Cash, Direct Deposit or Credit Card) unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice;
b) for the provision of service payment is strictly POD unless otherwise agreed to a maximum of net 30 (thirty) days from the date of invoice;
Failure to pay within agreed credit terms will automatically constitute a breach of Agreement by the Customer.
Without prejudice to any other remedy, Optimum Electrical & Air reserves the right to charge a default charge on any overdue payments at an annual rate equal to the Commonwealth Bank’s current overdraft rate at the time the payment fell due.
3. Quotations and Prices
Any quotation given by Optimum Electrical & Air is a mere invitation to treat and does not constitute a contractual offer. All quotations hold for 30 (thirty) days after issue, however, Optimum Electrical & Air may withdraw a quotation at any time.
Prices included in the quotation are based on the specification, drawings and/or requests by the Customer. Should the specification or Customer’s request change, then Optimum Electrical & Air reserve the right to vary the quotation price.
All quoted prices are exclusive of GST unless otherwise stated.
5. Retention of Title
All equipment supplied and installed by Optimum Electrical & Air remains the property of the Company until all monies outstanding to the Company in connection with these Terms and Conditions have been paid.
In the event of a default by the Customer, then without prejudice to any other rights which Optimum Electrical & Air may have at law or under this contract:
a) Optimum Electrical & Air or its agents may without notice to the Customer enter the Customer’s premises or any premises under the control of the Customer for the purposes of recovering the Goods.
b) Optimum Electrical & Air may recover and resell the Goods;
i. If the Goods cannot be distinguished from similar Goods which the Customer has or claims to have paid for in full, Optimum Electrical & Air may in its absolute discretion seize all Goods matching the description of the Goods and hold same for a reasonable period so that the respective claims of Optimum Electrical & Air and the Customer may be ascertained. Optimum Electrical & Air must promptly return to the Customer any Goods the property of the Customer and Optimum Electrical & Air is in no way liable or responsible for any loss or damage to the Goods or for any loss, damage or destruction to the Customer’s business howsoever arising from the seizure of the Goods.
ii. In the event that the Customer uses the Goods in some manufacturing or construction process of its own or some third party, then the Customer must hold such part of the proceeds of sale of such manufacturing or construction process as relates to the Goods in trust for Optimum Electrical & Air. Such part will be an amount equal in dollar terms to the amount owing by the Customer to the Optimum Electrical & Air at the time of the receipt of such proceeds. The Customer will pay Optimum Electrical & Air such funds held in trust upon the demand of Optimum Electrical & Air.
6. Retention Money
Unless otherwise provided in writing, the purchaser shall not be entitled to retain any part of the purchase price by way of retention monies to guarantee satisfactory operation of the equipment supplied and installed.
7. Warranties
a) Optimum Electrical & Air’s liability in respect of a breach of a consumer guarantee for any Goods not of a kind ordinarily acquired for personal, domestic or household use is limited, to the extent permissible by law and at Optimum Electrical & Air’s option;
i. in relation to the Goods:
A. the replacement of the products or the supply of equivalent products;
B. the repair of the products;
C. the payment of the cost of replacing the products or of acquiring equivalent products; or
D. the payment of the cost of having the products repaired.
ii. in relation to the services:
A. the supply of the services again; or
B. the payment of the cost of having the services supplied again.
b) To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms and Conditions are excluded and Optimum Electrical & Air is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate the Customer for:
i. any increased costs or expenses;
ii. any loss of profit, revenue, business, contracts or anticipated savings;
iii. any loss or expense resulting from a claim by a third party; or
iv. any special, indirect or consequential loss or damage of any nature whatsoever caused by Optimum Electrical & Air’s failure to complete or delay in completing the order to deliver the Goods.
c) Any claims to be made against Optimum Electrical & Air for incomplete installation or service must be lodged with Optimum Electrical & Air in writing within 7 (seven) days of the delivery or service date.
8. Indemnity
To the full extent permitted by law, the Customer will indemnify Optimum Electrical & Air and keep Optimum Electrical & Air indemnified from and against any liability and any loss or damage Optimum Electrical & Air may sustain, as a result of any breach, act or omission, arising directly or indirectly from or in connection with any breach of any of these Terms and Conditions by the Customer or its representatives.
9. Exclusions
The price agreed herein does not include any expense covering damage arising from hidden or unknown contingencies found at the job site: example – faults or deteriorations of the building structure, pre-existing conditions of the site, heritage or preservation orders, finding of hazardous substances and the like, unless specifically noted in the tender/quoted price.
This tender shall exclude the following items and it shall be the responsibility of the Customer to provide the same unless otherwise agreed in writing:
1) the performing of any building work including (but not limited to) cutting holes, patching, painting, flashing, boxing in;
2) furring in, plinths or platforms;
3) metered electrical mains brought to a point adjacent to the equipment as required;
4) alterations to the switchboard or existing mains supply;
5) condensate drains brought to a point adjacent to the equipment as required;
Unless otherwise stated in tender, the following allowances have not been allowed for and will incur at an extra cost:
1) Trenching
2) If trenching is included in tender, no allowance has been made to dig through rocky terrain, clay, gravel etc.
3) Fixing of wiring systems that is not to code as per AS/NZ 3000:2008
4) When Installing new RCD’s, no provision has been made to repair any faults (Testing and repairs will incur an hourly rate charge)
10. General
a) These Terms and Conditions are to be construed in accordance with the laws from time to time in the State of Western Australia and the Commonwealth of Australia.
b) These Terms and Conditions contain all of the Terms and Conditions of the contract between the parties and may only be varied by agreement in writing between the parties.
c) Any conditions found to be void, unenforceable or illegal may, to that extent be severed from these Terms and Conditions.
d) No waiver of any of these Terms and Conditions or failure to exercise a right or remedy by Optimum Electrical & Air will be considered to imply or constitute a further waiver by Optimum Electrical & Air of the same or any other term, condition, right or remedy.
TERMS & CONDITIONS OF CREDIT
The following Agreement shall apply once credit has been granted.
1. Definitions
1.1 “Agreement” means these standard contract terms and conditions together with the attached commercial credit application and form of guarantee and indemnity from directors/shareholders.
1.2 “Client” shall mean the Client (or any person acting on behalf of and with the authority of the Client) as described on any quotation, work authorization or other form as provided by Optimum Electrical & Air Pty Ltd to the Client.
1.3 “Equipment” shall mean any kind of Equipment, vehicles, tools or accessories supplied, manufactured, installed or provided by Optimum Electrical & Air Pty Ltd or its affiliates to the Client (and where the context so permits shall include any supply of services and/or products). The Equipment shall be as described on the invoices, quotation, authority to hire or any other work authorization form provided by Optimum Electrical & Air Pty Ltd to the Client.
1.4 “Optimum Electrical & Air Pty Ltd” shall mean Optimum Electrical & Air Pty Ltd Pty Ltd T/A Optimum Electrical & Air Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Optimum Electrical & Air Pty Ltd Pty Ltd.
1.5 “Price” shall mean the price payable for the Services as agreed between Optimum Electrical & Air Pty Ltd and the Client in accordance with clause 5 of this contract.
1.6 “Services” shall mean all Services supplied by Optimum Electrical & Air Pty Ltd to the Client and includes any advice or recommendations.
2. Contract Formation
2.1 No Contract shall come into existence until the Client’s order has been accepted by Optimum Electrical & Air Pty Ltd and such acceptance has been received by the Client. The Contract shall be deemed to be concluded at the time and place where such acceptance is received by the Client.
2.2 The Services and/or Equipment rendered are subject to this Agreement to the exclusion of any other terms and conditions stipulated or referred to by the Client. The Client acknowledges that it is aware of the contents and agrees to be bound by this Agreement.
3. Warranty
3.1 Unless specified otherwise and in addition to any rights that the Client may have under statue, Optimum Electrical & Air Pty Ltd warrants the Client that for a period of one (1) year from invoice date of materials or services, the materials and services shall be free from defects affecting normal use (Standard Warranty) and Optimum Electrical & Air Pty Ltd will, in the event of defects, at its election, repair or replace faulty materials.
3.2 The Standard Warranty subject to clause 3.1 shall not apply to any loss, damage, fault, failure or malfunction due to external causes including, but not limited to:
3.3 accident, abuse, misuse, problems with electrical power, failure to perform required preventative maintenance, normal wear and tear, acts of God, fire, flood, war, acts of violence or any similar occurrence; or
3.4 any attempt by the Client or any other party, whether direct or indirect, to adjust, repair, service or support the materials or services without written approval or authorization by Optimum Electrical & Air Pty Ltd; or
3.5 any problems or failure arising out of or in relation to the use of parts and/or components not supplied by Optimum Electrical & Air Pty Ltd.
3.6 While not affecting any non-excludable warranty or guarantee permitted by law, Optimum Electrical & Air Pty Ltd does not make any representations or give any warranty that manufactured products are fit for any particular purpose and this Standard Warranty is given in place of all terms, conditions, warranties, representations and obligations permitted by law or otherwise including warranties or conditions of merchantability, fitness for purpose, satisfactory quality and/or compliance with description, all of which are hereby excluded to the fullest extent permitted by law.
4. The Commonwealth Trade Practices Act 1974 (“TPA”) and Fair-Trading Acts (” FTA ”)
4.1 Nothing in this Agreement is intended to have the effect of contracting out of any applicable provisions of the TPA or the FTA in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
5. Price and Terms of Payment
5.1 At Optimum Electrical & Air Pty Ltd’s sole discretion the Price shall be either:
(a) As indicated on invoices provided by Optimum Electrical & Air Pty Ltd to the Client in respect of Services supplied; or
(b) Optimum Electrical & Air Pty Ltd’s quoted Price which shall be binding upon Optimum Electrical & Air Pty Ltd provided that that the Client shall
accept Optimum Electrical & Air Pty Ltd’s quotation in writing within (30) days.
5.2 Optimum Electrical & Air Pty Ltd reserves the right to change the Price in the event of a variation to Optimum Electrical & Air Pty Ltd’s quotation. Any variation from the plan of scheduled works or specifications will be charged for on the basis of Optimum Electrical & Air Pty Ltd’s quotation and will be shown as variations on the invoice. Payment for all variations must be made in full at their time of completion.
5.3 Any claims arising from invoices must be made in writing within seven (7) days from the date the invoice was issued.
5.4 Unless otherwise stated payment shall be due within thirty (30) days of the invoice date.
5.5 Payment will be made by cash, or by direct debit, or by bank cheque, or by any other method as agreed to between Optimum Electrical & Air Pty Ltd and the Client.
5.6 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
6. Retention of Title
6.1 Optimum Electrical & Air Pty Ltd and the Client agree that ownership of the Services shall not pass until:
(a) the Client has paid Optimum Electrical & Air Pty Ltd all amounts owing for the particular Services and/or Equipment; and
(b) the Client has met all other obligations due by the Client to Optimum Electrical & Air Pty Ltd in respect of all contracts between Optimum Electrical & Air Pty Ltd and the Client.
6.2 Receipt by Optimum Electrical & Air Pty Ltd of any form of payment other than cash or direct debit shall not be deemed to be payment until that form of payment has been honoured, cleared or recognized and until then Optimum Electrical & Air Pty Ltd’s ownership or rights in respect of the
Services and/or Equipment shall continue.
6.3 It is further agreed that:
(a) Until such time as ownership of the Services and/or Equipment shall pass from Optimum Electrical & Air Pty Ltd to the Client, Optimum Electrical & Air Pty Ltd may give notice in writing to the Client to return the Services and/or Equipment or any of them to Optimum Electrical & Air Pty Ltd.
Upon such notice the rights of the Client to obtain ownership or any other interest in the Services shall cease.
(b) If the Client fails to return the Services and/or Equipment to Optimum Electrical & Air Pty Ltd, then Optimum Electrical & Air Pty Ltd or Optimum Electrical & Air Pty Ltd’s agent may enter upon and into the land and premises owned, occupied or used by the Client, or any premises as the invitee of the Client, where are Services and/or Equipment are situated and take possession of the Services and/or Equipment so delivered or erected.
7. Default and Consequences of Default
7.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Optimum Electrical & Air Pty Ltd sole discretion such interest shall compound monthly at such a rate) as well as before any judgment.
7.2 In the event that the Client’s payment is dishonoured for any reason the Client shall be liable for any dishonour fees, expenses, costs or disbursements incurred by Optimum Electrical & Air Pty Ltd.
7.3 If the Client defaults in payment of any invoice when due the Client shall indemnify Optimum Electrical & Air Pty Ltd from and against all costs and disbursements incurred by Optimum Electrical & Air Pty Ltd in pursuing the debt including, but not limited to, legal costs of a solicitor and own client basis and Optimum Electrical & Air Pty Ltd’s debt collection agency costs.
7.4 If any account remains overdue after thirty (30) days then a late payment fee of an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) may be levied for administration fees which sum shall become immediately due and payable.
8. Force Majeure
8.1 Optimum Electrical & Air Pty Ltd shall not be liable for any failure or delay to supply goods nor to perform to any contract quoted or for the loss or damage to goods and/or equipment sold by Optimum Electrical & Air Pty Ltd to the
Client directly or indirectly caused by Force Majeure, which terms shall include, but not limited to, any act or neglect of any carrier, subcontractor, manufacturer or supplier of Optimum Electrical & Air Pty Ltd, acts of God, strikes, lock- outs, bans or other industrial disturbances, fire, flood, explosion, theft, civil riot or commotion, war, embargos, shortage of labour, or any other happening matter or thing beyond control of Optimum Electrical & Air Pty Ltd.
8.2 No such failure arising out of or in relation to the events in clause 7.1 shall entitle the Client to terminate its contract and Optimum Electrical & Air Pty Ltd’s obligations to the Client shall be suspended without liability on the part of Optimum Electrical & Air Pty Ltd while such causes exist.
8.3 Optimum Electrical & Air Pty Ltd agrees to the effect, and the Client agrees to accept, delivery whenever such causes of delay have been remedied.
9. Notification
9.1 The Client shall provide Optimum Electrical & Air Pty Ltd written notice within seven (7) days or immediately after of the following events occurring:
(a) any change to the Client’s trading address, registered particulars, legal entity, ownership or structure of management or control of the applicant;
(b) the issuing of legal proceedings against the Client; or
(c) the appointment of any provisional liquidator, liquidator, receiver, receiver manager or administrator to the Client.
9.2 The Client indemnifies Optimum Electrical & Air Pty Ltd and each of its directors, employees, servants, agents and contractors against all losses, costs and expenses incurred by Optimum Electrical & Air Pty Ltd arising out of or in relation to the events in clause 9.1, until the Client has provided Optimum Electrical & Air Pty Ltd with written notice.
10. Privacy Act
10.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for Optimum Electrical & Air Pty Ltd to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Optimum Electrical & Air Pty Ltd.
10.2 The Client agrees that Optimum Electrical & Air Pty Ltd may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account
where the Client is in default with other credit providers; and/or
(d) to assess the credit worthiness of the Client.
10.3 The Client understands that the information exchanged can include anything about the Client’s worthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
10.4 The Client consents to Optimum Electrical & Air Pty Ltd being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
11. Governing Law
11.1 These terms and conditions are governed by the laws of Western Australia (WA). Each party submits to the nonexclusive jurisdiction of the courts of WA and the courts which hear appeals from those courts.
12. General
12.1 The Client agrees that Optimum Electrical & Air Pty Ltd Pty Ltd T/A Optimum Electrical & Air Pty Ltd (Optimum Electrical & Air Pty Ltd) may, in its absolute discretion, without giving notice to the Client, withdraw or vary any credit facility with the Client. Upon withdrawal of any credit facility, all moneys owing by the Client to Optimum Electrical & Air Pty Ltd will become immediately payable by the Client without the necessity for any demand for payment of those moneys being made by Optimum Electrical & Air Pty Ltd to the Client. This Agreement may be modified at any time and such modifications will be binding and effective on the Client upon notification.
12.2 In the event that any of these terms and conditions or other documentation provided by Optimum Electrical & Air Pty Ltd conflict in meaning, interpretation or fact these terms and conditions will prevail unless otherwise agreed in writing.
12.3 If any provision or part of a provision of this Agreement is held to be illegal, unenforceable or otherwise invalid, that provision or part of the provision will be deemed to be severed from this Agreement and the remainder of these terms and conditions will continue in effect.
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