Request a service

TERMS AND CONDITIONS

1. CONTRACT FOR ROUTINE WORKS

1.1. If the Customer wishes to engage In Effect to provide a Routine Work then the Customer must submit a request for quotation (“RFQ”) verbally or by email.

1.2. A Routine Contract is formed between the Customer and In Effect upon the terms contained in these Terms when:

    • (a) In Effect issues a Quote which includes the pricing for the Routine Work requested by the Customer; and
    • (b) the Customer accepts In Effect’s offer in the Quote verbally or by e-mail.

1.3. If the Customer purports to accept a Quote on terms which differ from these Terms (“Differing Terms”), the Customer agrees that:

    • (a) the Differing Terms do not apply to the Routine Contract; and
    • (b) these Terms will be and are the only terms and conditions which apply to the Routine Contract, subject to variations under these Terms.

1.4. If In Effect’s Quote does not specify the cost of labour, In Effect shall charge for its labour on an hourly rate at the Standard Rates.

1.5. The Contract Price in a Quote is valid for the time set out in the Quote or, if no time is specified, 14 days.

2. CONTRACTS FOR EMERGENCY WORK

2.1. If the Customer wishes to engage In Effect to provide an Emergency Work, then the Customer shall submit their request to In Effect verbally or by e-mail.

2.2. An Emergency Contract Is formed between the Customer and In Effect upon these Terms when:

    • (a) In Effect accepts the engagement either verbally or by e-mail; or
    • (b) In Effect attends the Site to carry out the Emergency Work requested by the Customer.

2.3. The Contract Price for Emergency Work shall be calculated as follows:

    • (a) labour shall be charged at:
      • (i)   the Standard Rates when the work is carried out by In Effect within the Standard Business Hours; or
      • (ii)  the Higher Rates when the work is carried out by In Effect outside of Standard Business Hours PROVIDED THAT a minimum charge of 4 hours work shall apply when the Customer requires In         Effect to commence the work outside of Standard Business Hours;
    • (b) Parts will be charged at retail cost.

2.4. If the cost of Parts is greater than $500 (plus GST) In Effect shall notify the Customer of the cost of Parts and the Customer may terminate the Emergency Contract on the basis that:

    • (a) the Customer shall be required to pay for In Effect’s labour charge up to the point that the Emergency Contract is terminated; and
    • (b) In Effect will be released of its obligations under the Routine Contract, including warranties under clause 9.

3. PLAN

3.1.. If the Customer supplies any Plans then:

    • (a) In Effect may treat the Plans as accurate and follow them in all instances save where following them would breach a Standard;
    • (b) Where In Effect must depart from the Plans because compliance would breach a Standard or be impossible or impractical, the Customer shall pay any additional cost of Parts at retail price and labour at the Standard Rates.

4. PAYMENT OF CONTRACT PRICE

4.1. General Payment Obligations

    • (a) Subject to clause 4.1(c), In Effect may invoice the Customer for the Contract Price:
      • (i)   In the case of Routine Contracts, in accordance with the Quote or, if the Quote does not contain any payment milestones, then at any time after completion of the work;
      • (ii)  in the case of Emergency Contracts, at any time after completion of the work.
    • (b) The Customer shall pay the invoice within the time indicated in a Quote, and in all other cases within 7 days of the date of the invoice.
    • (c) In Effect may issue monthly invoices proportionate to the amount of work completed if work extends over more than a month
    • (d) Nothing in this clause prevents In Effect from requiring payment in advance.
    • (e) The Customer may not deduct, set off or withhold any part of the Contract Price when invoiced, save retentions agreed in writing before work starts.
    • (f) Unless otherwise directed by In Effect, the Customer shall pay the invoice amount into the In Effect account by electronic funds transfer.

4.2. Disputed Invoices: If the Customer disputes any amount shown on an invoice, they must:

    • (a) notify In Effect within 7 days of receipt of the invoice; and
    • (b) pay the undisputed amount.

4.3. Price Changes: If In Effect’s cost of Parts or labour increases by more than 10% after commencement of work (“Price Increase”) the balance of this clause will apply.

    • (a) If there is a Price Increase, In Effect will within 5 business days inform the Customer of:
      • (i)   the fact of the Price Increase;
      • (ii)  the amount of the Price Increase; and
      • (iii) the increase to the Contract Price.
    • (b) If the Customer receives a notification under clause 4.3(a), the Customer shall within 5 business days confirm they accept the increase in the Contract Price or reject it.
    • (c) if the Customer:
      • (i)   accepts the increase in the Contract Price, the increased Contract Price will apply and the Customer shall pay any additional balance within 7 days of invoice.
      • (ii)  rejects the increase in the Contract Price, the Contract will end for any Products which include the raw materials to which the Price Increase applies.
      • (iii) does not respond to the notification in clause 4.3(a), they will be deemed to have rejected the increase in the Contract Price as if they had given a rejection notice under clause 4.3(c)(ii).

4.4. Consequence of Late Payments and Non Payment: If any amount payable by the Customer is outstanding In Effect may:

    • (a) charge interest on the outstanding amount at a rate of 10% per annum accruing daily until the amount is paid in full; and/or
    • (b) suspend the Work until the outstanding amount is paid; and/or
    • (c) require any or all future payments to be made in advance; and/or
    • (d) attend at any place and retake possession of any Parts, which the Customer hereby authorises In Effect to do;
    • (e) sue for and recover any amounts outstanding under any Contract and the Customer shall pay In Effect’s costs of doing so (including legal costs) on an indemnity basis.

5. CUSTOMERS OBLIGATIONS PRIOR TO COMMENCING WORK

5.1. The Customer at their expense shall provide:

    • (a) access to the site and lock up of the site after In Effect departs from site;
    • (b) lighting;
    • (c) power supply on site;
    • (d) toilets and Amenities on site;
    • (e) safe work environment;
    • (f) electrical cabling access, conduits and cording;
    • (g) security for In Effect’s equipment; and
    • (h) any other items In Effect acting reasonably requests prior to commencement of work.

5.2. In Effect shall not commence work until there is compliance with clause 5.1.

5.3. If the Customer has not complied with clause 5.1 In Effect will inform Customer and may offer a solution and a proposed cost adjustment for that solution.

5.4. The Customer acknowledges that:

    • (a) In Effect may charge the Customer for labour while waiting for access to the site;
    • (b) delay in compliance with clause 5.1 may result in delays to the completion date and it indemnifies In Effect for any loss arising due to delay for that cause.

5.5. The Customer acknowledges that:

    • (a) it is their responsibility to lock up the site after In Effect leaves it;
    • (b) In Effect is not liable for any loss or damage suffered by the Customer if the site is left unsecured after In Effect leaves it; and
    • (c) In Effect may, at its sole discretion, remain on site until the Customer locks it up and may charge the Customer for labour for that time.

6. COMMENCEMENT AND PERIOD OF COMPLETION OF WORK

6.1. Routine Works

    • (a) Program/Timetable
      • (i)   Any timeframe for completion of the work under a Routine Contract shall set out in a Quote or in a separate document which In Effect has approved in writing;
      • (ii)  Where there is no timeframe for work under a Routine Contract shall be completed within a reasonable time;
      • (iii) Any timeframe for a Routine Contract may be modified in accordance with this Terms.
    • (b) Suspension of works by Customer
      • (i)   The Customer may suspend work on the site by providing In Effect 48 hours notice in writing of the suspension period.
      • (ii)  If the Customer suspends work In Effect may:
        • (1) invoice for the work completed up to the date of suspension; and
        • (2) charge the Customer for any expenses caused as a result of the suspension.
    • (c) Suspension by In Effect
    • If compliance with clause 5.1 ends during the work, In Effect may suspend work on the site until compliance is re-established.
    • (d) Supply Interruption
      • (i)   Where a Part is not able to be supplied to allow work to be completed in any timeframe, In Effect shall notify the Customer in writing.
      • (ii)  The Customer shall notify In Effect within 2 business days of receipt of the notice from In Effect of the delay/discontinuance whether they:
        • (1) wish to proceed with the initial Part notwithstanding the delay, in which case the timeframes for completion shall be extended accordingly;
        • (2) nominate an alternate Part (where possible and as recommended by In Effect) to replace the delayed/discontinued item; where timeframes will be extended to account for the delivery time of the new item; or
        • (3) terminate the contract.
    • (e) Late Delivery
    • In Effect will not be liable for any loss incurred or suffered by the Customer as a result of any delay in delivery of Parts or the provision of services under any Contract.

6.2. Emergency Work

    • (a) Work To Commence As Soon As Practicable
    • In Effect shall commence work under an Emergency Contract as soon as practicable PROVIDED THAT if In Effect is unable to commence work within 48 hours of receiving the Customer’s request, In Effect shall notify the Customer and the Customer may terminate the Emergency Contract and In Effect shall be released of its obligations under the Emergency Contract.
    • (b) No Representations As To Timeframe For Completion
      • (i)   Subject to clause 6.2(b)(iii) and clause 6.2(c), In Effect shall carry out the work under an Emergency Contract on a continuous basis until the work is completed.
      • (ii)  The Customer acknowledges that In Effect makes no representation or warranty about the timeframe for the completion of the work under an Emergency Contract.
      • (iii) In Effect may suspend its work under an Emergency Contract if there is a Part that is not available which is necessary for In Effect to continue its work.
    • (c) Suspension of works by Customer
      • (i)   The Customer may instruct In Effect to confine its work hours under an Emergency Contract to the Standard Business Hours.
      • (ii)  An instruction given by the Customer under clause 6.2(c)(i) must be given to In Effect:
        • (1) at the formation of the Emergency Contract; or
        • (2) no later than 4:30pm on the day that the work hour instruction is to take effect.
    • (d)Termination By Customer
    • If In Effect is unable to complete the work required under the Emergency Contract within 72 hours of commencing work, then the Customer may terminate the Emergency Contract but:
      • (i)   the Customer shall pay In Effect for all labour and Parts supplied up to the time of termination; and
      • (ii)  In Effect will be released of its obligations under the Emergency Contract, including warranties under clause 9.

7. VARIATIONS TO CONTRACT

7.1. Customer Initiated Variation

    • (a) During the term of a Contract, the Customer may, by notice in writing direct In Effect to vary any aspect of the works on and from the date specified in the Notice.
    • (b) If the variations are reasonable, In Effect will comply with the notice and any variation will be binding on the Customer and In Effect as if it was included in the original Contract.
    • (c) If the variations will alter the cost of the works, In Effect will give the Customer a revised Quote within 7 days of the notice of the variation.
    • (d) If the Customer rejects the revised Quote the Customer must elect to:
      • (i)   Proceed with the original Contract; or
      • (ii)  Terminate the Contract.
    • (e) If the proposed variation to the Contract breaches the Standards then In Effect will reject it and the Customer must elect whether they proceed with the original Contract or terminate it.

7.2. In Effect Initiated Variation

    • (a) If while working on a Contract In Effect becomes aware of additional work required not initially quoted then In Effect may issue a variation.
    • (b) If the variation is necessary to comply with a Standard or to address an error or inconsistency in any Plan and the Customer rejects it then the Contract shall be automatically terminated.
    • (c) If clause 7.2(b) does not apply to at variation Contract shall continue unvaried.

7.3. Changes To Deadlines

    • (a) The Customer acknowledges that variations to a Contract may result in delays and hereby:
      • (i)   indemnifies In Effect for any loss arising due to variations causing delays; and
      • (ii)  grants an extension for a period of time reasonable to allow In Effect to perform any variations on top of the initial Quote.

8. PROVISIONS FOR WORK & PARTS

8.1. Work & Labour In Effect shall carry out the work:

    • (a) with all due skill, care and diligence;
    • (b) using appropriately experienced, qualified and trained personnel; and
    • (c) in compliance with the Standards and safety requirements on site.

8.2. Parts

    • (a) In Effect shall procure the Parts from reputable manufacturers.
    • (b) In Effect shall install the Parts with all due care and skill.
    • (c) Risk in the Parts passes to the Customer on installation of the Parts.

9. WARRANTY CLAIMS

9.1. In Effect shall only be liable for defective workmanship for a period of 12 months from the date of completion of the work.

9.2. Parts carry a Standard manufacturer’s warranty.

9.3. Warranty claims for the repair or replacement of any Parts must satisfy the following conditions:

    • (a) The defect is not occasioned by the neglect or abuse of the Part in question;
    • (b) The defective Part has been supplied by In Effect; and
    • (c) No other person has carried out further work to the Part or item or physically interfered with the Part or item after In Effect completed its work.

9.4. To be valid, a warranty claim must be in writing within 30 days of the defect becoming apparent.

9.5. Upon receipt of a warranty claim from a Customer, In Effect shall either:

    • (a) accept the claim; or
    • (b) send an inspector to the Site to validate the claim after which the claim will be accepted or rejected.

9.6. If the Customer does not accept rejection of a warranty claim under clause 9.5 the parties shall jointly appoint an independent consultant to assess the system to determine if there is a defect in the                          workmanship or the Part or both.

9.7. If In Effect accepts the warranty claim or a determination is made in favour of the Customer under at clause 9.6 then In Effect shall repair the defects and/or replace the Part within a reasonable amount of                     time.

10. LIMITATION OF LIABILITY 

10.1. Except as expressly stated in these Terms, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise (including fitness for purpose and suitability) are hereby                         excluded to the maximum extent permitted by applicable law.

10.2. In Effect’s liability for defective work or Parts is hereby limited to the cost of rework, repair or replacement as the case may be and does not include economic or consequential loss (including but not                               limited to claims for loss of profits).

11. TERMINATION FOR CUSTOMER’S BREACH

11.1. Without limiting the generality of any other clause in the Terms, In Effect may terminate a Contract immediately by notice in writing if:

    • (a) any payment due from the Customer to it is unpaid for a period of 14 days; or
    • (b) the Customer breaches any clause of these Terms and the breach is not remedied within 7 days of written notice by In Effect.

11.2. Despite clause 11.1 In Effect may terminate a Contract immediately on notice in writing to the Customer if:

    • (a) the Customer becomes, threatens or resolves to become or is in jeopardy of becoming subject to any form of insolvency administration;
    • (b) the Customer, being a partnership, dissolves, threatens or resolves to dissolve or is in jeopardy of dissolving;
    • (c) the Customer, being a natural person, dies; or
    • (d) the Customer ceases or threatens to cease conducting its business in the normal manner.

11.3. If notice is given to the Customer pursuant to the preceding clauses, In Effect may (without limitation), in addition to terminating the Contract:

    • (a) claim liquidated damages equivalent to the Contract Price;
    • (b) retake possession of all property of In Effect in the possession of the Customer; and
    • (c) pursue any additional or alternative remedies provided by law.

12. TERMINATION FOR IN EFFECT’S BREACH

12.1.The Customer may only terminate a Contract for breach if:

    • (a) the Customer has notified In Effect of the breach in writing; and
    • (b) In Effect has failed to remedy it within 28 days of receiving the notice.

12.2. If the Customer terminates a Contract in accordance with clause 12.1 above then:

    • (a) the Customer shall pay for all work done up to the date of termination;
    • (b) the Customer shall return all property of In Effect in its possession;
    • (c) In Effect shall only be liable to the Customer for the costs to rectify In Effect’s breach up to an amount equal to the amount paid under the Contract to In Effect at the date of termination.

12.3. The Customer acknowledges and agrees that In Effect will not be liable to the Customer for any economic loss suffered by the Customer including, but not limited to:

    • (a) loss of profit, revenue or use; and
    • (b) financial costs including interest incurred on borrowings, by reason of In Effect’s default.

13. OWNERSHIP & PPSA

13.1. The Customer acknowledges that until payment for them in full:

    • (a) In Effect owns all Parts whether delivered to site or delivered and installed.
    • (b) the Customer is not permitted to sell, assign, part with possession of or create any form of security interest over the Parts or offer to do so or to deal with the Parts in any way; and
    • (c) the Parts will not be a fixture, even if they are affixed to any land.

13.2. In Effect is entitled to register any impending or actual security interest which is either created or contemplated by this document in the Parts and also upon the proceeds which arise from any form of                    dealing with the Parts.

13.3. The Customer shall

    • (a) Do anything requested by In Effect to:
      • (i)   facilitate In Effect obtaining and maintaining a perfected security interest or interests under the PPSA in respect of the Parts
      • (ii)  register a financing statement, or a financing change statement; and
      • (iii) ensure that In Effect’s security position and rights are not detrimentally affected by the PPSA
    • (b) not create or purport to create a security interest in the Parts or allow a financing statement or a financing change statement to be registered by any other person

14.4. The Customer:

    • (a) Waives their rights under s157 of the PPSA to received a verification statement about the creation of a security interest under this document;
    • (b) Agrees that to the extent permitted by the PPSA, the following sections of the PPSA will not apply and hereby contracts out of them to the extent stated:
      • (i)   s95 (to the extent it requires the secured party to give notices to the grantor);
      • (ii)  s118 (to the extent that it allows a secured party to give notices to the grantor); and
      • (iii) sections 95,121(4), 125, 130, 132(3)(d), 132(4), 135, 142 & 143

14.5. Unless In Effect and Customer agree, and to the extent the PPSA permits it, both the Customer and In Effect agree not to provide information of the kind referred to in s275(1) of the PPSA to an interested            person or anyone requested by an interested person and the Customer waives it rights under section 275(7)(c) of the PPSA to authorise the disclosure of that information.

14.6. For the purposes of s20(2) of the PPSA, the collateral is Parts including any Parts set out in any Quote.

14.7. These Terms create a purchase money security interest for the purposes of the PPSA.

15. MISCELLANEOUS

15.1. Quotes Unless otherwise stated in a Quote:

    • (a) all prices in the Quote are exclusive of GST and sales tax; and
    • (b) all prices are quoted in Australian dollars.

15.2. Use of Subcontractors

    • (a) The Customer acknowledges that In Effect may engage the services of Sub-Contractors to work on a Contract.
    • (b) Engagement, termination and replacement of subcontractors is at In Effect’s sole discretion.
    • (c) In Effect warrants to the Customer that any Sub Contractors engaged by In Effect will be covered by all necessary insurance.

15.3. Entire Agreement These Terms and the relevant Quotes shall constitute the whole agreement between the parties hereto in respect of the subject matter of a Contract.

15.4. Variation A Contract and these Terms may only be varied in writing.

15.5. Severability If any provision of these Terms is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be severed without affecting the remaining provisions.

15.6. Waiver Unless otherwise agreed in writing, no failure by either Party to exercise any right or remedy available to it hereunder nor any delay so to exercise any such right to remedy shall operate as a waiver of it    nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

15.7. Notices Any notice to be given by either Party to the other shall be in writing and may be sent by email to any email address published or otherwise (to the knowledge of the party giving the notice) used by the    other party.

15.8. Indemnities Where any indemnity (“Indemnity”) is given by one Party (“Indemnifying Party”) to the other (“Other Party”) the following terms shall apply to any claim, demand or action to which the Indemnity          applies (in this clause 15.8, “Relevant Claim”):

    • (a) the Indemnifying Party shall indemnify the Other Party against its legal costs and disbursements in relation to the Relevant Claim on a solicitor/ Customer basis;
    • (b) each Party shall promptly notify the other of any circumstances that could reasonably give rise to a Relevant Claim;
    • (c) the Other Party shall not make any admission or compromise (save where required by court order or governmental regulations) which is prejudicial to the defence or settlement of any matter in respect of any to which the Indemnity applies without the consent of the Indemnifying Party, such consent not to be unreasonably withheld or delayed;
    • (d) the Other Party shall supply all reasonable assistance required by the Indemnifying Party for the purpose of contesting any Relevant Claim on receiving an indemnity from the Indemnifying Party in a form reasonably acceptable to it against its costs and expenses (including legal costs and disbursements on a solicitor/ Customer basis) incurred in doing so.

15.9.  Force Majeure Neither Party shall be liable for any delay or failure to carry out its obligations under a Contract caused by Force Majeure provided that it promptly gives written notice of the occurrence of the        Force Majeure relied on to the other party and it uses all reasonable endeavours to remove or avoid the effect of such Force Majeure as promptly as practicable. If any Force Majeure is relied on for longer than            60 days by either Party under this clause 15.9 the other shall be entitled to terminate the Contract on written notice.

15.10. Governing Law and Jurisdiction Contracts and these Terms shall be governed and construed in accordance with the laws of Western Australia. The parties hereby irrevocably submit to the exclusive                jurisdiction of the Courts of Western Australia.

16. Definitions and Interpretation

16.1. The terms defined have the same meanings when used throughout these Terms.

16.2. Unless the contrary intention appears:

    • (a) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
    • (b) the singular includes the plural and vice versa;
    • (c) a reference to a person includes a reference to the person’s executors, administrators, successors, transferors, substitutes (including persons taking by novation) and assigns;
    • (d) an agreement, representation or warranty on the part of or in favour of two (2) or more persons binds or is for the benefit of them jointly and severally;
    • (e) if a period of time is specified and commences from a given day or the day of an act or event, it is to be calculated exclusive of that day;
    • (f) a reference to time shall mean Western Standard Time;

16.3. Headings are inserted for convenience and do not affect the interpretation of these Terms.

16.4. The following words have the following meanings:

“In Effect” means Mainshore Pty Ltd ACN 106 745 215 trading as In Effect Electrical;
“Business Day” means any day on which trading banks in Western Australia are open for business;
“Customer” means any Person to whom In Effect provides Parts and/or services;
“Contract” means a Routine Contract formed under clause 2 or an Emergency Contract formed under clause 3 (as the case may be);
“Contract Price” means the aggregate amount payable by the Customer to In Effect including any additional variation costs
“Day” means the period of time commencing at midnight and ending 24 hours later;
“Emergency Contract” means a contract formed under clause 3 involving the supply by In Effect of work which constitutes an Emergency Work;
“Emergency Work” means work involving any or all of the following:

(i)       the diagnosis of an electrical fault in the Customer’s chattel or property;

(ii)      the repair of an electrical fault in the Customer’s chattel or property; and

(iii)    the supply of Parts necessary to complete the repair of an electrical fault in the Customer’s chattel or property,

where In Effect is required by the Customer to:

(1)     commence work within 48 hours of receiving a request; or

(2)     work continuously until the repair is completed.

“Higher Rate” means the labour rates charged by In Effect for work carried out outside of the Standard Business Hours which In Effect may notify the Customer:

(i)       on In Effect’s web-site at www.In Effectelectrical.com.au/rates;

(ii)      by e-mail; or

(iii)    verbally or in a Quote;

“Loss”

 

means any delay, loss, liability, damage, expense or cost, and includes, without limitation, direct or consequential loss or damage.
“Parts” means good, fixture or fitting that is required to complete the work required under the Contract;
“Person” includes a firm, a body corporate, an unincorporated association and an authority;
“PPSA” Means the Personal Property Securities Act 2009 and the terms used in clauses 14 and 15 of these Terms where also used in the PPSA have the meanings they have in that Act
“Quote” means a response by In Effect setting out its terms for performing the Routine Works which are the subject of a RFQ made under clause 2.1 which may be issued verbally, by e-mail or in writing;
“Routine Contract” means a contract formed under clause 2 involving the supply by In Effect of work which constitutes a Routine Work;
“Routine Work” Means work involving any or all of the following:

(i)       the diagnosis of an electrical fault in the Customer’s chattel or property;

(ii)      the repair of an electrical fault in the Customer’s chattel or property;

(iii)    the supply of Parts necessary to complete the repair of an electrical fault in the Customer’s chattel or property; and/or

(iv)    the supply and/or installation of electrical parts, equipment, fixtures and components in the Customer’s chattels or property,

where In Effect has the discretion to set the timeframe for completion of the work;

“Standards” means any of the Australian Standards;
“Standard Business Hours” means the hours between 8:00am and 5:00pm on a Business Day;
“Standard Rate” means the labour rates charged by In Effect for work carried out during the Standard Business Hours which In Effect may notify the Customer:

(i)       on In Effect’s web-site at www.In Effectelectrical.com.au/rates;

(ii)      by e-mail; or

(iii)    verbally or in a Quote when forming a Contract;

“Terms” means these terms and conditions of sale.
 

 

“In Effect” means Mainshore Pty Ltd ACN 106 745 215 trading as In Effect Electrical;
“Business Day” means any day on which trading banks in Western Australia are open for business;
“Customer” means any Person to whom In Effect provides Parts and/or services;
“Contract” means a Routine Contract formed under clause 2 or an Emergency Contract formed under clause 3 (as the case may be);
“Contract Price” means the aggregate amount payable by the Customer to In Effect including any additional variation costs
“Day” means the period of time commencing at midnight and ending 24 hours later;
“Emergency Contract” means a contract formed under clause 3 involving the supply by In Effect of work which constitutes an Emergency Work;
“Emergency Work” means work involving any or all of the following:

    • (i)   the diagnosis of an electrical fault in the Customer’s chattel or property;
    • (ii)  the repair of an electrical fault in the Customer’s chattel or property; and
    • (iii) the supply of Parts necessary to complete the repair of an electrical fault in the Customer’s chattel or property,

where In Effect is required by the Customer to:

    • (1)  commence work within 48 hours of receiving a request; or
    • (2)  work continuously until the repair is completed.
“Higher Rate” means the labour rates charged by In Effect for work carried out outside of the Standard Business Hours which In Effect may notify the Customer:

    • (i)  on In Effect’s web-site at www.In Effectelectrical.com.au/rates;
    • (ii) by e-mail; or
    • (iii) Verbally or in a Quote;
“Loss” means any delay, loss, liability, damage, expense or cost, and includes, without limitation, direct or consequential loss or damage.
“Parts” means good, fixture or fitting that is required to complete the work required under the Contract;
“Person” includes a firm, a body corporate, an unincorporated association and an authority;
“PPSA” Means the Personal Property Securities Act 2009 and the terms used in clauses 14 and 15 of these Terms where also used in the PPSA have the meanings they have in that Act
“Quote” means a response by In Effect setting out its terms for performing the Routine Works which are the subject of a RFQ made under clause 2.1 which may be issued verbally, by e-mail or in writing;
“Routine Contract” means a contract formed under clause 2 involving the supply by In Effect of work which constitutes a Routine Work;
“Routine Work” Means work involving any or all of the following:

(i)    the diagnosis of an electrical fault in the Customer’s chattel or property;

(ii)   the repair of an electrical fault in the Customer’s chattel or property;

(iii)    the supply of Parts necessary to complete the repair of an electrical fault in the Customer’s chattel or property; and/or

(iv)    the supply and/or installation of electrical parts, equipment, fixtures and components in the Customer’s chattels or property,

where In Effect has the discretion to set the timeframe for completion of the work;

“Standards” means any of the Australian Standards;
“Standard Business Hours” means the hours between 8:00am and 5:00pm on a Business Day;
“Standard Rate” means the labour rates charged by In Effect for work carried out during the Standard Business Hours which In Effect may notify the Customer:

    • (i)       on In Effect’s web-site at www.In Effectelectrical.com.au/rates;
    • (ii)      by e-mail; or
    • (iii)    verbally or in a Quote when forming a Contract;
“Terms” means these terms and conditions of sale.