View the terms and conditions that apply to Kenner Electrics' services, quotations, bookings, payments, warranties and customer responsibilities.
These Terms of Trade apply to all quotations, estimates, invoices, goods and services supplied by Kenner Electrics Pty Ltd (ABN 36 168 706 312) ("Kenner Electrics", "we", "our" or "us") unless otherwise agreed in writing.
By requesting, accepting or receiving goods or services from Kenner Electrics, you agree to be bound by these Terms of Trade.
In these Terms of Trade:
These Terms become binding when the earliest of the following occurs:
Acceptance of a Quote constitutes acceptance of these Terms of Trade.
Unless otherwise stated, all Quotes are valid for thirty (30) days from the date of issue.
Kenner Electrics may withdraw or amend a Quote at any time before it has been accepted.
A Quote applies only to the specific scope of work described within it. Any additional work requested by the Customer will be treated as a Variation.
Unless expressly stated otherwise, all prices include GST.
Where a document is identified as an Estimate, it is provided as our reasonable assessment of the anticipated cost of the work based on the information available at the time.
An Estimate is not a fixed price and may increase or decrease depending on:
We will advise you as soon as reasonably practicable if we believe the final cost will differ materially from the Estimate.
These Terms of Trade, together with the accepted Quote (including any approved Variations), constitute the entire agreement between Kenner Electrics and the Customer.
No statement, representation or promise made before acceptance of the Quote forms part of the agreement unless it is expressly included in writing.
If there is any inconsistency between these Terms and a Quote, the terms contained within the Quote will prevail to the extent of the inconsistency.
Nothing contained within these Terms of Trade excludes, restricts or modifies any rights or remedies that cannot legally be excluded under the Australian Consumer Law or any other applicable legislation.
Where permitted by law, our liability is otherwise limited in accordance with these Terms.
Unless otherwise stated, all Quotes provided by Kenner Electrics are fixed-price quotations for the specific scope of work described in the Quote. References in these Terms to a Quote do not include an Estimate unless the context requires otherwise.
A Quote only includes the Goods, Services and work expressly stated within it. Any work, materials or services not specifically included in the Quote are excluded.
A Variation occurs where:
Variations will be charged in addition to the original Quote. See also clause 12 for additional work arising from existing installations, hidden conditions or fault finding.
Where reasonably practicable, Kenner Electrics will obtain your approval before carrying out a Variation.
Approval may be provided verbally, by telephone, SMS, email or any other electronic communication.
Where immediate action is reasonably necessary to:
and we are unable to contact you after making reasonable attempts, you authorise Kenner Electrics to carry out the necessary work without prior approval where it would be unreasonable or impractical to delay the work. Any additional costs will be charged as a Variation and explained to you as soon as practicable.
Where a Quote specifies that work will be completed on a time and materials basis, you will be charged for:
If, after a Quote has been accepted, a product becomes unavailable or discontinued, Kenner Electrics may substitute an equivalent product of similar quality and function after consulting with you.
If supplier price increases, import costs or freight charges outside our reasonable control materially affect the cost of completing the work before materials have been ordered, we reserve the right to adjust the Quote accordingly after discussing the change with you.
Where the Services involve works requiring approval, inspection or connection by a network distributor or other authority, Kenner Electrics is not responsible for delays caused by that distributor or authority.
Any additional attendance required solely because of distributor scheduling, inspections or requests may be chargeable where those costs are outside the original scope of work.
A Quote is provided for the complete scope of work described and is not intended to be separated into individual line items unless expressly agreed by Kenner Electrics.
If you elect not to proceed with part of the quoted work, Kenner Electrics reserves the right to recalculate the pricing of the remaining work.
You must provide Kenner Electrics with safe, clear and reasonable access to the Property to carry out the Services.
If access cannot be provided at the agreed time, additional attendance charges may apply.
Before work commences, you are responsible for ensuring that:
Kenner Electrics is not responsible for delays resulting from the Property not being ready for the Services.
If our technicians are delayed because access is unavailable, the work area is not ready, another contractor has not completed prerequisite work, or for any other reason outside our reasonable control, you may be charged for the resulting waiting time or additional attendance required.
You must nominate a person authorised to approve quotations, variations and instructions relating to the Services.
Kenner Electrics is entitled to rely on instructions given by any person who reasonably appears to have authority to act on your behalf while attending the Property.
You must advise Kenner Electrics, before work commences, of any known circumstances that may affect the Services, including but not limited to:
Kenner Electrics is not liable for delays or additional costs arising from information that was not disclosed before work commenced.
Kenner Electrics may refuse to commence or continue the Services if we reasonably believe that doing so would be unsafe or would breach applicable workplace health and safety legislation, electrical safety legislation or Australian Standards.
We may refuse to commence or continue work if any member of our staff is subjected to abusive, threatening, intimidating or aggressive behaviour.
Any resulting delays or additional attendance may constitute a Variation.
Where you request that Kenner Electrics install products supplied by you:
Unless you advise Kenner Electrics before work commences that you wish to retain any existing fittings, equipment or materials removed during the Services, those items may be disposed of or recycled by Kenner Electrics.
Kenner Electrics is not responsible for storing or returning removed items unless this has been agreed in writing before the Services commence.
Kenner Electrics will take reasonable care while carrying out the Services.
You acknowledge that electrical work may require lifting roof insulation, accessing roof spaces or subfloors, removing fittings, cutting access holes, chasing walls or ceilings, drilling, trenching or other work that may reasonably affect the Property.
Unless expressly stated in the Quote, Kenner Electrics is not responsible for decorative repairs including plastering, painting, tiling, rendering, landscaping or similar finishing works required following completion of the Services.
Kenner Electrics may take photographs, videos or other records of the Property, existing electrical installation and completed works for the purposes of:
We will take reasonable steps not to publish photographs or videos that identify the Customer, occupants or the Property without permission. This includes avoiding the use of identifiable faces, house numbers, vehicle registration plates and other personal information where reasonably practicable.
Photographs or videos containing an identifiable person will not be used for marketing purposes without that person’s consent.
Where required by law, Kenner Electrics will provide the relevant Certificate of Electrical Safety or other compliance documentation following completion of the Services.
You are responsible for retaining these documents for your records.
Unless otherwise agreed in writing, payment in full is required on the same day that the Services are completed and upon receipt of the invoice.
For projects that extend over multiple days, progress payments may be required as specified in the Quote or invoice. Each progress payment must be paid by the due date stated on the relevant invoice. Kenner Electrics reserves the right to suspend further work until any overdue progress payment has been received.
Kenner Electrics may require a deposit before ordering materials, scheduling works or commencing the Services.
Any required deposit will be specified in the Quote.
Unless otherwise stated, deposits are applied towards the final invoice.
Payment may be made by any payment method accepted by Kenner Electrics, including EFTPOS, bank transfer, credit card or any other method advised by us.
Where payment is made by bank transfer, a copy of the bank remittance must be provided before our technicians leave the Property. Kenner Electrics does not accept payment by cash or cheque.
Ownership of any Goods supplied by Kenner Electrics remains with Kenner Electrics until all amounts owing under the relevant invoice have been paid in full.
Risk in the Goods passes to the Customer upon delivery or installation.
Where permitted by law, if an invoice remains unpaid, Kenner Electrics reserves the right to recover any Goods for which payment has not been received.
If you believe an invoice has been issued incorrectly, you must notify Kenner Electrics in writing within seven (7) days of the invoice date, providing details of the disputed amount and the reasons for the dispute.
Any undisputed portion of the invoice must still be paid by the due date.
Notification of a dispute does not entitle the Customer to withhold payment for completed work that is not genuinely in dispute.
Unless otherwise stated, all prices, Quotes and invoices issued by Kenner Electrics include Goods and Services Tax (GST).
Where GST is payable in addition to a quoted amount, it will be clearly identified in the Quote or invoice.
Kenner Electrics will lodge any required Certificate of Electrical Safety or other statutory compliance documentation with the relevant authority within the timeframes required by law, regardless of payment status.
A copy of the certificate will be issued to you once payment has been received in full, unless otherwise required by law.
Any invoice that is not paid by its due date becomes an Overdue Account.
If payment is not received by the due date, Kenner Electrics may suspend any current or future Services until all outstanding amounts have been paid in full.
Kenner Electrics reserves the right to charge interest on overdue amounts at the Reserve Bank of Australia's Cash Rate plus 2% per annum.
The charging of interest is at the sole discretion of Kenner Electrics and does not limit any other rights available to us.
Should your account become overdue, you shall be liable for and must pay all costs and expenses incurred by Kenner Electrics in the recovery of the overdue amount.
These costs may include, but are not limited to:
These costs are recoverable in addition to the outstanding invoice amount and any applicable interest.
Kenner Electrics may apply any payment received from you against any outstanding invoice or debt in the order we determine.
You must pay all invoices in full without deduction or set-off unless required by law or agreed by Kenner Electrics in writing.
Where permitted by law, Kenner Electrics may disclose information relating to overdue accounts to debt collection agencies, legal representatives or credit reporting bodies for the purposes of recovering outstanding amounts.
You may cancel an accepted Quote at any time before the Services commence by providing written notice to Kenner Electrics.
If you cancel after accepting a Quote, you agree to reimburse Kenner Electrics for:
Where materials have already been installed, used or cannot reasonably be returned to the supplier, you remain liable for their full cost.
Any amounts payable under this clause are due immediately upon invoice.
Where a booking has been confirmed, Kenner Electrics requests at least one (1) Business Day's notice if you need to reschedule or cancel.
If a technician has already commenced travelling to the Property, or arrives at the Property and is unable to commence work due to cancellation, lack of access or circumstances within your control, an attendance or cancellation fee may apply.
Kenner Electrics may suspend the Services immediately where:
Kenner Electrics is not liable for any loss arising from the suspension of the Services in these circumstances. Suspension does not relieve the Customer from paying outstanding amounts.
Kenner Electrics may terminate the agreement immediately by written notice where:
Upon termination, all unpaid invoices, completed work, ordered materials and other amounts owing become immediately due and payable.
Kenner Electrics will not be liable for any delay or failure to perform the Services where caused by events beyond our reasonable control, including but not limited to severe weather, natural disasters, pandemic, fire, flood, industrial action, supplier shortages, cyber incidents, transport disruptions, acts of government, utility outages, network distributor delays or other unforeseen events.
Where such an event occurs, the time for performing the Services will be extended for the duration of the delay.
Kenner Electrics is responsible only for the specific work included within the accepted Quote. Existing wiring, switchboards, fittings, appliances, concealed cables and other electrical infrastructure may contain defects, damage or non-compliant work that cannot reasonably be identified until work has commenced, or that fall outside the scope of the accepted Quote. Unless expressly included within the scope of work, we are not responsible for identifying, repairing or upgrading pre-existing defects or non-compliant work in the existing electrical installation.
Electrical wiring, cables, conduits and equipment may be concealed within walls, ceilings, floors, roof spaces, subfloors or underground. Where hidden defects, damaged wiring, asbestos, structural issues, non-compliant existing work or other unforeseen conditions are discovered during the Services, the additional work required to address them will constitute a Variation in accordance with clause 7.2.
Where existing electrical installations do not comply with applicable legislation, Australian Standards or distributor requirements, Kenner Electrics will advise you of the issue. Unless expressly included in the original Quote, any additional work required to complete the installation safely and legally will be charged as a Variation. Kenner Electrics will not knowingly perform work that results in an unsafe or non-compliant installation.
Fault finding is a systematic diagnostic process. Due to the nature of electrical faults, particularly intermittent faults, Kenner Electrics cannot guarantee that a fault will be identified or rectified during the initial attendance or within any particular period of time. Where fault finding is quoted or carried out in stages, completion of one stage does not guarantee that the fault has been located or repaired. If further investigation is required, we will explain the recommended next stage and any associated costs before proceeding, unless immediate action is required to make the installation safe.
Where additional defects are discovered during the course of the Services that fall outside the scope of the accepted Quote, we will advise you and, where appropriate, provide a recommendation or quotation for the further work required.
Kenner Electrics will not reconnect, modify or leave energised any installation that we reasonably believe to be unsafe or non-compliant with applicable legislation or Australian Standards.
Where unsafe conditions are identified, we will explain the issue and provide recommendations for rectification where appropriate. This clause is in addition to, and does not limit, our general right to refuse or suspend work under clause 8.6.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available under the Australian Consumer Law.
Warranty Against Defects Statement
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
Kenner Electrics warrants that all workmanship will be carried out with due care, skill and in accordance with applicable legislation and Australian Standards.
Subject to the exclusions in clause 13.4, Kenner Electrics provides a Lifetime Workmanship Warranty on workmanship performed by us, valid for the original Customer. For the purposes of this clause, Lifetime means the expected service life of the workmanship while the installation remains substantially unaltered and properly maintained.
Products supplied by Kenner Electrics are covered by the manufacturer's warranty.
Manufacturer warranty periods, inclusions and exclusions vary between manufacturers.
Kenner Electrics will provide reasonable assistance in facilitating a manufacturer's warranty claim where appropriate.
Our workmanship warranty does not apply where a defect arises from:
If you believe a warranty issue exists, you must notify Kenner Electrics as soon as reasonably practicable.
Kenner Electrics must be given a reasonable opportunity to inspect the alleged defect before any third party undertakes repair work.
Except where required by law, Kenner Electrics is not responsible for the cost of repairs carried out by another contractor without our prior written approval.
Nothing in this clause 14 excludes, restricts or modifies any condition, warranty, guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable legislation that cannot lawfully be excluded, restricted or modified.
Subject to the above, and to the maximum extent permitted by law, Kenner Electrics' liability arising from the supply of Goods or Services is limited, at Kenner Electrics' election, to:
Where the Goods or Services are of a kind ordinarily acquired for personal, domestic or household use, this clause 14.1 does not apply and your rights are governed by the Australian Consumer Law and clause 13.
To the maximum extent permitted by law, Kenner Electrics is not liable for any indirect, consequential or economic loss including:
Kenner Electrics is not liable for delays caused by:
Kenner Electrics will take reasonable care while performing the Services.
We are not liable for damage that could not reasonably have been avoided in carrying out the agreed work, including reasonable access through walls, ceilings, roof spaces, subfloors or other concealed areas where necessary to complete the Services.
If damage occurs for which Kenner Electrics is legally responsible, you must notify us as soon as reasonably practicable and provide us with a reasonable opportunity to inspect the damage before any repair work is undertaken.
Kenner Electrics reserves the right, at its option, to carry out the repair work itself, obtain quotations for the repair work, or engage a contractor of its choosing to undertake the repairs. Except where required by law, Kenner Electrics will not be liable for the cost of repair work arranged or carried out by the Customer or a third party without our prior written approval.
Kenner Electrics maintains public liability insurance with a level of cover we consider reasonable and appropriate for the Services we provide, and will provide evidence of current cover upon reasonable written request. Nothing in this clause affects the limitations on our liability set out in clause 14.
Kenner Electrics collects personal information necessary to provide quotations, perform Services, issue invoices, process payments, administer warranties and communicate with Customers.
Your personal information may be used for:
Kenner Electrics may disclose your information where reasonably necessary to:
where required for the provision of the Services or by law.
Photographs and videos may be taken in accordance with Clause 8.9 of these Terms of Trade
If a dispute arises in connection with these Terms of Trade, a Quote or the Services, the party raising the dispute must first notify the other party in writing. The notice must describe the nature of the dispute and the outcome sought.
Within ten (10) Business Days of receiving the notice, the parties will use reasonable endeavours to resolve the dispute through discussions conducted in good faith.
If the dispute cannot be resolved within twenty (20) Business Days after the notice is given, either party may refer the dispute to mediation.
Unless otherwise agreed, the mediator will be appointed by the Resolution Institute (or its successor), and the costs of the mediation will be shared equally between the parties.
Nothing in this clause prevents either party from seeking urgent court orders where necessary to protect their rights or from exercising any rights available under these Terms of Trade, including those relating to overdue accounts, debt recovery, suspension of Services or termination.
The parties must continue to comply with their obligations under these Terms of Trade while a dispute is being resolved, including the payment of any undisputed amounts.
This clause continues to apply after the completion or termination of the Services.
These Terms of Trade are governed by the laws of Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
Failure by Kenner Electrics to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
The Customer may not assign their rights or obligations under these Terms without the prior written consent of Kenner Electrics.
Kenner Electrics may assign or subcontract any part of the Services.
Notices, approvals, quotations and Variations may be provided electronically, including by email, SMS or other agreed electronic means.
Electronic communications are deemed to satisfy any requirement for written notice.
Kenner Electrics may amend these Terms of Trade from time to time.
The version published on our website at the time a Quote is accepted will apply to that Quote unless otherwise agreed in writing.
These Terms of Trade, together with the accepted Quote and any approved Variations, constitute the entire agreement between the parties and supersede all prior discussions, representations and agreements relating to the Services.
Any provision relating to payment, warranties, limitation of liability, privacy or debt recovery survives completion or termination of the Services to the extent necessary to give effect to those provisions.
